RESPONSE TO COMMENT DOCUMENT ALL APPROPRIATE INQUIRIES REGULATION October 2005 Table of Contents Background and Purpose of Document........................................................................ 1 Background................................................................................................................. 1 Purpose of Document .................................................................................................. 2 SECTION 1: Proposed Rule   General Opinion..................................................... 4 1.1 General Opinion of the Proposed Rule ............................................................. 4 1.1.1 General Support of the Proposed Rule...................................................... 4 1.1.2 General Opposition to the Proposed Rule ............................................... 64 SECTION 2: Definition of Environmental Professional ..................................... 103 2.1 License, Educational, and Relevant Experience Requirements ..................... 105 2.1.1 Support of the Proposed Minimum Requirements ................................ 105 2.1.2 Revise the License Requirement to Include Licensed or Certified Professionals Other than Professional Engineers and Professional Geologists............................................................................................ 137 2.1.3 Revise the Rule to Exclude the License Requirement from the Definition of the EP.............................................................................................. 180 2.1.4 Revise Educational Requirements to Allow Individuals with Baccalaureate or Higher Degrees in Areas Other than Engineering, Environmental Science, and Earth Science and Five or More Years of Relevant Experience to Qualify as EPs ............................................................... 186 2.1.5 Revise the Minimum Requirements to Allow Individuals Certified by a Professional Organization that is Third Party Accredited and Have Ten Years of Full Time Relevant Experience to Qualify as EPs.................. 209 2.1.6 Revise Educational Requirements to Allow Individuals with Substantial Relevant Work Experience to Qualify as EPs ....................................... 226 2.1.7 Revise the Grandfather Clause to Allow All Individuals Currently Conducting Site Assessments to Qualify as EPs ................................... 245 2.1.8 Comments on the Proposed Minimum Requirements ........................... 250 2.2 An EP Should Remain Current in His/ Her Field through Participation in Continuing Education or Other Relevant Activities ..................................... 308 2.2.1 The Agency Should Clarify What Type of Training or Continuing Education Would Satisfy This Requirement ......................................... 310 2.3 Suggestions for Additional Elements or Revisions of the Proposed Definition .................................................................................................................... 315 2.3.1 Professional Engineer Certification and Professional Geologist Certification Do Not Ensure High Level of Professional Ability........... 320 2.3.2 Revise the Proposed Rule to Include a Provision Relieving the EP of a Liability for Contaminant Exposure of Persons Working under His/ Her Supervision or Responsible Charge ...................................................... 344 2.3.3 Adopt the Definition of EP as Specified in the ASTM Standard ........... 345 2.3.4 Persons Who Do Not Qualify as EPs Should Not Be Allowed to Assist in the Conduct of All Appropriate Inquiries ............................................. 347 2.3.5 The Rule Should Provide Examples of Relevant Experience ................ 357 2.3.6 Revise the Proposed Rule to Allow Individuals to Accumulate the Required Ten Years of Experience after the Promulgation of the Rule . 358 2.3.7 Ramifications/ Penalties for an Unqualified Non EP Signing an AAI Statement ............................................................................................. 361 2.3.8 To Ensure that EPs are Qualified, a National Test and/ or Training Should Be Established ..................................................................................... 365 2.3.9 The Rule Should Specifically Address Subsurface Investigations as a Separate Component of AAI ................................................................ 370 2.3.10 The Agency Should Define the Term " Full Time"................................ 372 SECTION 3: Requirements for Conducting All Appropriate Inquiries ............ 374 3.1 Interview Requirements for Non Abandoned Properties .............................. 376 3.1.1 Interview of the Current Owners, Occupants, Employees, and/ or Managers of the Subject Property......................................................................... 382 3.1.2 Interview of the Past Owners, Occupants, Employees, and/ or Managers of the Subject Property............................................................................. 384 3.2 Interview Requirements for Abandoned Properties ...................................... 390 3.2.1 Interviewing Owners of Neighboring Properties Should Be Optional ... 394 3.2.2 The Agency Should Clarify/ Modify the Language Pertaining to " Unauthorized Use" and " Uncontrolled Access" of the Subject Property ............................................................................................................ 404 3.3 Review of Historical Sources of Information ............................................... 406 3.3.1 Scope of the Review  How far Back in Time/ History Historical Records Must Be Reviewed............................................................................... 413 3.3.2 Review of Chain of Title Documents Should Be Made a Requirement . 426 3.4 Recorded Environmental Cleanup Lens Searches......................................... 432 3.5 Review of Federal, State, Tribal, and Local Government Records................ 440 3.5.1 Review of Tribal Records..................................................................... 447 3.5.2 Adjustments to Search Distances.......................................................... 451 3.5.3 Government Records May Not Be Reasonably Ascertainable............... 464 3.5.4 The Agency Should Provide More Guidance on How Best to Obtain Information about Institutional and Engineering Controls .................... 468 3.5.5 The Agency Should Provide the Definition of Engineering Controls .... 470 3.5.6 Record Listings Should Be Replaced by Specific Government Facility Listings ................................................................................................ 471 3.6 Visual Inspections........................................................................................ 472 3.6.1 Visual Inspection of the Subject Property............................................. 473 3.6.2 Limited Exemption from Conducting an On Site Inspection of the Subject Property ............................................................................................... 488 3.6.3 Visual Inspection of Adjoining Properties ............................................ 497 3.7 Inclusion of Specialized Knowledge or Experience...................................... 503 3.7.1 Specialized Knowledge of the Current Owner( s) of the Subject Property ............................................................................................................ 507 3.8 Considering the Relationship of the Purchase Price to the Value of the Property .................................................................................................................... 509 3.8.1 The EP Should Not Be Required to Consider the Relationship of the Purchase Price to the Value of the Property.......................................... 515 3.8.2 Explanation of the Assessment Process Provided in the Preamble/ Rule is Inadequate............................................................................................ 537 3.8.3 The Agency Should Clarify the Definition of Fair Market Value.......... 548 3.8.4 The Rule Should Require a Commercial Appraisal by a Real Estate Expert/ Appraiser .................................................................................. 549 3.9 Considering Commonly Known or Reasonably Ascertainable Information about the Property ....................................................................................... 561 3.9.1 Commonly Known or Reasonably Ascertainable Information Should Not Be Limited to Information Available in the Local Community ............. 569 3.9.2 The Agency Should Provide Additional Guidance................................ 570 3.9.3 Commonly Known or Reasonably Ascertainable Information Should Be Limited to State or Local Governments ................................................ 576 3.10 Considering the Degree of Obviousness of the Presence or Likely Presence of Contamination at the Property ..................................................................... 580 3.11 Recognized Environmental Conditions ........................................................ 587 3.11.1 De Minimis Conditions or Releases of Hazardous Substances.............. 589 3.11.2 Controlled Substances .......................................................................... 592 3.12 Data Gaps.................................................................................................... 596 3.12.1 The Rule Should Require Sampling and Analysis................................. 613 3.12.2 The Rule Should Not Require Sampling and Analysis.......................... 618 3.12.3 The Agency Should Clarify How Many Years without Data Constitute a Data Gap.............................................................................................. 633 3.12.4 Review of Information Ordered Closed by Courts................................ 636 3.13 Shelf Life of the AAI Report........................................................................ 637 3.13.1 Use of Information Collected for Previous Inquiries Completed for the Same Property...................................................................................... 641 3.13.2 AAIs Conducted by Third Parties......................................................... 650 3.13.3 The Agency Should Clarify whether the Results of the Reports that Have Been Prepared in Accordance with ASTM E1527 2000 Can Be Included in Updated AAI Reports....................................................................... 653 3.13.4 Shelf Life Should Be Extended beyond 180 Days/ One Year................. 654 3.14 The AAI Report Must Be Signed by an EP .................................................. 666 3.14.1 The Agency Should Clarify whether the Seal of the Licensed Professional Engineers and Professional Geologists Will Be Required on the AAI Report .................................................................................................. 669 3.14.2 Review of Information Ordered Closed by Courts................................ 670 3.14.3 The Signature Requirement Should Be Modified.................................. 672 3.15 Suggestions for Including Additional Requirements or Revising the Proposed Requirements .............................................................................................. 676 3.15.1 Information Considered by the EP in Reaching an Opinion Regarding the Environmental Condition( s) of the Subject Property Should Be Included in the AAI Report as an Appendix............................................................ 679 3.15.2 The AAI Report Should Be Submitted to the Agency or the Appropriate State Agency........................................................................................ 680 3.15.3 Require EPs to Incorporate Existing Tribal Standards and Regulations into the AAI Process ............................................................................ 681 3.15.4 The EP's Report Should Only Include Data Necessary for the Judgment of the EP .................................................................................................. 683 3.15.5 The Agency Should Specify a Required Format/ Outline for the AAI Report .................................................................................................. 684 3.15.6 Explicitly State that Due Diligence According to the Standard Will Not Address Significant Compliance Related Liabilities............................. 686 3.15.7 Clarify That, Although the Rule Requires No New Reporting or Disclosure, These May Be Required under Other Existing Standards ( e. g.,

Release Reporting)............................................................................... 687 3.16 Division of Responsibilities ( Tasks Performed by EP vs. Landowner or Purchaser) ................................................................................................... 688 SECTION 4: Comments on the Economic Impact Analysis ............................... 695 4.1 The Impact of the Rule is Underestimated.................................................... 698 4.2 The Volume of Phase I ESAs Performed Using the AAI Standard is Overestimated/ Underestimated.................................................................... 740 4.3 The Impact of the Rule on State, Local, and Tribal Governments................. 742 SECTION 5: Comments on the Paperwork Reduction Act................................ 745 SECTION 6: Miscellaneous ................................................................................. 746 6.1 EPA Should Adopt ASTM Standard Rather than Develop Separate Regulations .................................................................................................................... 746 6.2 The Agency Should Clarify How the Final AAI Rule Will Relate to the ASTM Standard...................................................................................................... 767 6.3 The Agency Should Clarify whether the CERCLA Liability Protections Apply if the State Government Acquires the Property Amicably by Agreement in Lieu of Eminent Domain ..................................................................................... 777 6.4 Sections of the Rule Should Be Printed in Bold Letters................................ 784 6.5 Post acquisition Statutory Requirements for Obtaining the CERCLA Liability Protections .................................................................................................. 785 6.6 Impact of the Rule on the Cost of Liability Insurance................................... 789 6.7 Negotiated Rulemaking Committee/ Process................................................. 794 6.8 EPA Should Perform More Outreach and Education on AAI and the Proposed Rule ............................................................................................................ 807 6.9 Tribes May Not Have Capacity/ Resources to Meet the AAI Requirements .. 811 6.10 Other ........................................................................................................... 813 1 Background and Purpose of Document Background On January 11, 2002, President Bush signed into law the Small Business Liability Relief and Brownfields Revitalization Act ( the Brownfields Amendments). The Brownfields Amendments amend the Comprehensive Environmental Recovery, Compensation, and Liability Act ( CERCLA) by increasing funding for assessing and cleaning up brownfields sites, clarifying CERCLA liability protections for certain landowners, and enhancing State and Tribal response programs.

The Brownfields Amendments require the Environmental Protection Agency ( the Agency) to develop regulations establishing standards and practices for conducting " all appropriate inquiries" and promulgate the standards within two years of its enactment. The AAI standards and practices provide a framework for assessing the previous ownership, uses, and environmental conditions of a property. The standards and practices are applicable to any prospective commercial property owner who may want to claim liability protection for a release or threatened release of a hazardous substance as an innocent landowner, a contiguous property owner, or a bona fide prospective purchaser. The standards and practices also are applicable to persons conducting site characterizations and assessments with the use of Federal brownfields grants.

Congress included in the Brownfields Amendments a list of criteria that the Agency must address in developing standards and practices for conducting all appropriate inquires ( section 101( 35)( 2)( B)( ii)). In addition, as part of the Brownfields Amendments, Congress established the ASTM International Standard E1527 97 ( entitled " Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process") as an interim standard for all appropriate inquiries, until the Agency promulgates final federal regulatory standards.

The Agency determined that the regulatory negotiation process was the best way to develop the proposed Federal standards and practices for conducting all appropriate inquiries and established the Negotiated Rulemaking Committee for All Appropriate Inquiries. The Committee, composed of 25 members representing parties of interest in the rulemaking, held six multiple day meetings over the course of seven months, beginning in April 2003. During the Committee's deliberations, the general public had many opportunities to comment on the Committee's draft regulatory language, including the opportunities to provide written comments and make oral presentations to the Committee. On November 14, 2003, the Committee arrived at a consensus document representing its recommendation for a proposed regulation.

The Agency used the Committee's consensus language as a basis for the All Appropriate Inquiries proposed rule and published the proposed rule in the Federal Register on August 26, 2004 ( 69 FR 52542). The Agency also established a 90 day comment period requesting comments from the public on the proposed requirements for conducting all 2 appropriate inquiries and the Agency's analysis of the potentially impacted entities. The proposed rule and the background documents were made available to the public in the Agency's docket. During the public comment period, the Agency held three public meetings on the proposed All Appropriate Inquiries rule, in St. Louis on September 22, Washington D. C. on October 20, and San Francisco on November 18.

During the comment period, which ended on November 30, 2004, the Agency received 4301 comments from interested stakeholders, including the comments submitted during the three public meetings. Commenters who indicated that they currently are performing environmental site assessments ( ESAs) submitted over 70 percent of the public comments. Close to 40 percent of those commenters were members of professional organizations which have educational and certification requirements for their members. Less than 10 percent of the comments received by the Agency were submitted by Federal, State, Tribal, and Local governments, environmental groups, and academic institutions. Approximately the same number of comments was submitted by businesses which solicit or provide services to the ESA industry and/ or real estate industry ( e. g., lawyers, appraisers, financial institutions, developers). The rest of the comments were submitted by anonymous commenters.

The Agency received the highest number of comments on the proposed definition of environmental professional ( EP). Although a large number of commenters agreed that the rule should establish some minimum requirements for EPs, they disagreed on how stringent those requirements should be. The Agency received comments on all of the proposed requirements for performing all appropriate inquiries with the highest number of comments addressing the requirements for considering the relationship of the purchase price to the value of the property.

The Agency reviewed and considered all public comments received in response to the proposed rule. Based upon input provided in the public comments, the Agency made some modifications to the regulatory language and the Economic Impact Analysis ( EIA). An explanation of the regulatory changes is included in the preamble to the final rule. A summary of the changes made to the EIA are provided in an Addendum to the EIA developed for the proposed rule. The Addendum and the EIA are available in the docket for the final rule.

Purpose of Document This document presents the public comments received in response to the proposed All Appropriate Inquiries rule and the Agency's response to each comment. The comment response document is organized by category of issues raised by the public in response to the proposed rule, preamble, and the EIA.

This document does not present the comments in their entirety. Rather, each issue section contains relevant excerpts of the comments that address each particular issue. For clarity, every comment excerpt is identified by: ( 1) the name of the person or 1 The Agency received 439 comment letters of which nine letters were duplicates. 3 organization that submitted the comment, ( 2) the unique comment number assigned to each comment by the Agency, and ( 3) an unique comment excerpt number.

Each comment excerpt is followed by the Agency's response. The responses clarify how the comments were considered in the final rule.

The public can view the comment letters in their entirety at the Agency docket. The comment letters are available electronically in the EDOCKET index at http:// www. epa. gov/ edocket, under Docket ID No. SFUND 2004 0001. The public also can view the comment letters in hard copy at the EPA Docket Center, EPA West Building, Room B102, 1301 Constitution Ave., N. W., Washington, D. C. This docket facility is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding Federal holidays. The telephone number for the Public Reading Room is ( 202) 566 1744, and the telephone number for the OSWER Docket is ( 202) 566 0276. 4 SECTION 1: Proposed Rule   General Opinion 1.1 General Opinion of the Proposed Rule 1.1.1 General Support of the Proposed Rule Commenter Organization Name: Dailey, Christopher W Comment Number: 0036 Excerpt Number: 1 Excerpt Text: As an environmental professional I would like to extend my support to the proposed All Appropriate Inquiry ( AAI) rule published in the Federal Register on August 26, 2004. While the ASTM E 1527 2000 Phase I Environmental Site Assessment ( ESA) Standard served well as an interim measure, it allowed too much interpretation over who could perform a Phase I ESA and how it should be done. The AAI rule will set a high benchmark for the brownfield industry and help ensure environmental protection for developers who wish to pursue redevelopment of potentially contaminated properties.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: TXU Comment Number: 0268 Excerpt Number: 1 Excerpt Text: TXU supports EPA's development of all appropriate inquiries standards. Most of the proposed regulatory language is acceptable and will be beneficial in TXU's conduct of all appropriate inquiries.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Albin, Dave Comment Number: 0325 Excerpt Number: 1 Excerpt Text: We have long needed to establish a minimum level of qualifications for individuals performing environmental assessments, particularly those done in preparation for property transactions. The proposed rule accomplishes that goal and for this reason I support it. 5 Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Cassidy, Daniel Comment Number: 0389 Excerpt Number: 1 Excerpt Text: The EPA's proposed rules for All Appropriate Inquiry ( AAI) transfer criteria for due diligence activity from the current private sector consensus standards of practice to federal government regulation. I fully support this transfer which will help ensure a level of professionalism and quality appropriate for this very important type of environmental investigation.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Kehres Comment Number: 0395 Excerpt Number: 1 Excerpt Text: The EPAs proposed rules for All Appropriate Inquiry ( AAI) transfer criteria for this due diligence activity from the current private sector consensus standards of practice to federal government regulation. I enthusiastically support this transfer, which will help ensure a level of professionalism and quality appropriate for this important type of environmental investigation.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: MBA Comment Number: 0401 Excerpt Number: 2 Excerpt Text: MBA and its members support EPA's proposed regulation, which establishes that AAI is met through the performance of an ASTM Phase I environmental site assessment.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule. 6 Commenter Organization Name: Morse, Catherine Comment Number: 0413 Excerpt Number: 1 Excerpt Text: This is to advise that I support the proposed rules for All Appropriate Inquiry ( AAI) which transfers criteria for this due diligence activity from the current private sector consensus standards of practice to federal government regulation. I believe that this change will assist in bringing a high degree of professionalism to this type of environmental inquiry.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Freeman & Giler Comment Number: 0417 Excerpt Number: 10 Excerpt Text: The new AAI Rule will require more time to conduct environmental due diligence, more rigorous pre qualification of EPs, increased collaboration between the User and the EP and greater disclosure of detailed transactional information to the EP ( e. g., purchase price, title, commonly known information, specialized knowledge of the parties). We support USEPA's efforts to standardize the AAI process, and we encourage USEPA to ensure that the final AAI Rule will allow AAI to dove tail with other environmental assessments relevant to property transactions ( e. g., asbestos inspections, radon testing, wetlands delineations, regulatory compliance audits) so that AAI can continue to be a relevant, worthwhile exercise. Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Hoskins, Herbert Comment Number: 0428 Excerpt Number: 1 Excerpt Text: The EPA's proposed rules for All Appropriate Inquiry ( AAI) transfer criteria for this due diligence activity from the current private sector consensus standards of practice to federal government regulation. I enthusiastically support this transfer, which will help ensure a level of professionalism and quality appropriate for this important type of environmental investigation. In general the transition is coherent and reasonable;

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule. 7 Commenter Organization Name: Mittelholzer, Michael Comment Number: PM 0207 0002 Excerpt Number: 1 Excerpt Text: However, before I discuss some of the merits of the proposed rule for the land development and construction industry, it is important to remember the importance of today's proposed rule to the implementation of a significant environmental statute, the Small Business Liability and Brownfields Revitalization Act, commonly referred to as the Brownfields Law. NAHB supports the proposed rule for three main reasons:

First: The proposed rule implements a key provision of the recently passed brownfields law that clarifies what specific actions a landowner must take prior to taking title to a property to determine the potential presence of environmental contamination. Second: The proposed rule is consistent with the criteria established by Congress under the recently enacted brownfields law. I believe that's found in Section 223( d).

Three: Promulgation of the rule will provide landowners with the means to demonstrate they qualify for the important federal liability protections CERCLA Super Fund granted under the brownfields law.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule. 8 <IP_ADDRESS> Adopt the Rule as Proposed Commenter Organization Name: Malivuk, John Comment Number: 0060 Excerpt Number: 2 Excerpt Text: In summary, I favor the AAI rule as proposed. I urge the Agency to adopt the rule as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Van Reenen, Dirk Comment Number: 0070 Excerpt Number: 1 Excerpt Text: I fully support the All Appropriate Inquiry rule.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: None Comment Number: 0082 Excerpt Number: 1 Excerpt Text: I support AAI!!

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Jeffers, Larry A Comment Number: 0084 Excerpt Number: 1 Excerpt Text: As a Professional Engineer who provides and uses environmental services, I am in full 9 support of this proposed rule. This proposed AAI rule under consideration here does the following: " Encourages project/ client/ public sensitivity by permitting the flexibility derived from a performance based approach instead of a prescriptive approach. The rule would be applicable to any type of property." Sets minimum qualification criteria for environmental professionals ( EPs). " Allows for professional judgment, which is critical in the proper evaluation of the risk associated with a particular site." Requires a broader scope of environmental inquiry by building on and significantly improving the existing process ( ASTM E 1527) that is familiar to many clients ( users) who have all appropriate inquiry studies performed. This approach enhances the process and the familiarity will help avoid ' confusion' among users and will also help reduce or limit the cost impacts. " Provides the public with the confidence that AAI studies will be protective of human health and the environment that does not currently exist with the ASTM process." While not perfect, this rule would result in ' raising the bar' on the quality of AAI studies, as there are enough safeguards and protections within the proposed rule. We urge you to pass and implement this rule in the best interest of the public at large.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: McHugh, Dan Comment Number: 0085 Excerpt Number: 2 Excerpt Text: In my opinion, the proposed AAI rule should be approved as is with no changes. Negotiated rules all have some weaknesses depending on the point of view but this proposed rule seems reasonable and will definitely improve the quality of ESAs in the industry.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Fulk, Kevin J Comment Number: 0086 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  The proposed minimum requirements will improve quality of ESAs Excerpt Text: I support the proposed rule because it establishes minimum qualifications for an 10 environmental professional and will provide a better approach for developers / landowners to handle redevelopment on brownfield sites in our nations urban areas than what currently exists.

The minimum qualifications for an environmental professional will help the industry apply a higher level of qualifications/ experience to solve environmental issues for real estate development and redevelopment. This EPA legislation should also give developers a higher level of confidence to tackle brownfields sites, which will significantly aid in " protecting human health and the environmental" for generations to come.

I urge the Agency to adopt the rule as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: CERCLA Research Center Subcommittee Comment Number: 0103 Excerpt Number: 1 Excerpt Text: The Focus Group stands in support of the proposed rule for all appropriate inquiries as written. It is reflective of the issues and concerns identified and addressed in the negotiated rulemaking process, and as such represents a step forward in protecting human health and the environment in a manner that does not hinder the productive reuse of properties at which the perception of risk poses a barrier.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Crocetti, Charles Comment Number: 0110 Excerpt Number: 3 Other Sections: NEW  6.7  Negotiated rulemaking committee/ process Excerpt Text: The proposed rule was developed based on the work of a Negotiated Rulemaking 11 Committee represented by a wide spectrum of interests, including the. American Society of Civil Engineers, the National Groundwater Association, and ASFE. The latter groups represent, I believe, some of the premiere technical/ trade organizations in the environmental industry, and each serves as a valuable resource for the dissemination of technical information and research relative to environmental work.

In summary, I urge EPA to adopt the All Appropriate Inquiry rule as proposed. I very much appreciate the opportunity to comment on the proposed rule.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: ASCE Comment Number: 0126 Excerpt Number: 1 Excerpt Text: The American Society of Civil Engineers ( ASCE) is pleased to comment in strong support of the regulation proposed on August 26, 2004, to establish federal standards and practices for conducting " all appropriate inquiries" required under sections 101 ( 35)( B)( ii) and ( iii) of the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA). U. S. EPA, Proposed Rule, Standards and Practices for All Appropriate Inquiries, 69 Fed. Reg. 52,542.

The proposed rule would establish specific regulatory requirements and standards for conducting all appropriate inquiries into the previous ownership, uses, and environmental conditions of a property for the purposes of meeting the all appropriate inquiries provisions necessary to qualify for certain landowner liability protections under CERCLA. The standards and practices proposed today also would be applicable to persons conducting site characterization and assessments with the use of grants awarded under CERCLA Section 104( k)( 2)( B).

ASCE was privileged to participate in the consensus process established by the Agency to draft the proposed rule to be adopted in compliance with the Small Business Liability Relief and Brownfields Redevelopment Act, Pub. L. 107 118, Jan. 11, 2002, 115 Stat. 2356. The regulation proposed on August 26 fairly represents the interests of a broad coalition of engineering, commercial professional, technical, and environmental organizations. When fully implemented, the regulation will ensure the expeditious cleanup of thousands of abandoned properties that then will be safely returned to productive use. 12 Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Anonymous Comment Number: 0281 Excerpt Number: 1 Excerpt Text: I am an environmental professional working in the Brownfields industry. I want to offer my support for the AAI proposed rule. We need to maintain a strong standard that is implemeneted by environmental professionals.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Webster, O. Christopher Comment Number: 0285 Excerpt Number: 2 Excerpt Text: I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Engels, Joseph Comment Number: 0287 Excerpt Number: 2 Excerpt Text: Please adopt the rule as written.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions. 13 Commenter Organization Name: Foppe Technical Group Comment Number: 0289 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  The proposed minimum requirements will improve quality of ESAs Excerpt Text: As an environmental company that performs AAI, we would like to add our voice in support of the proposed rule. It is imperative that the technical nature of a Phase I be performed by well trained, competent professionals. The proposed rules elevated the requirements to a necessary level to ensure that competent work is performed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Less, James Comment Number: 0290 Excerpt Number: 5 Excerpt Text: In summary, I am in favor of the AAI rule as proposed, and I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Moors, Scott Comment Number: 0298 Excerpt Number: 3 Excerpt Text: I am in favor of the AAI rule as proposed, and I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions. 14 Commenter Organization Name: Farnsworth, Sam Comment Number: 0299 Excerpt Number: 1 Excerpt Text: I support the implementation of the Proposed Rule for AAI.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: QORE, Inc Comment Number: 0307 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  The proposed minimum requirements will improve quality of ESAs Excerpt Text: I think this is a good and necessary standard. Minimum qualification criteria for environmental professionals must be set. The public will be provided with the confidence that AAI studies will be protective of human health and the environment that does not currently exist with the ASTM process. I am pleased to support the AAI rule.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Privette, Kevin Comment Number: 0309 Excerpt Number: 1 Excerpt Text: As a professional engineer and practicing consultant for 16 years, I request that the proposed AAI rule be approved and implemented.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: May, Thomas Comment Number: 0310 Excerpt Number: 3 Excerpt Text: I am in favor of the AAI rule as proposed, and I urge the Agency to adopt it as proposed. 15 Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes the today's final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Griebel, Russell Comment Number: 0316 Excerpt Number: 2 Excerpt Text: I am in favor of the AAI rule as proposed, and I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: CE& MT Comment Number: 0318 Excerpt Number: 1 Excerpt Text: I do agree with the proposed rules. As the president of a geotechnical engineering firm routinely engaged in ESA's, we support the proposed rules.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: QORE, Inc Comment Number: 0324 Excerpt Number: 1 Other Sections: NEW  2.1.1  Support of the proposed minimum requirements Excerpt Text: We have long needed to establish a minimum level of qualifications for individuals performing environmental assessments, particularly those done in preparation for property transactions. The proposed rule accomplishes that goal and for this reason I support it. 16 Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Schultz, Michael Comment Number: 0331 Excerpt Number: 5 Excerpt Text: In summary, I am in favor of the AAI rule as proposed, and I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Lourie Consultants Comment Number: 0353 Excerpt Number: 1 Excerpt Text: Patricia, as you know, I represented ASFE/ The Best People on Earth and environmental professionals on the negotiated rulemaking committee that developed the language in the proposed AAI rule. As such, I support the proposed rule and urge its adoption by the EPA.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Lourie Consultants Comment Number: 0353 Excerpt Number: 7 Excerpt Text: In summary, I am in favor of the AAI rule as proposed, and I urge the EPA to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule. 17 EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Denton, Robert Comment Number: 0381 Excerpt Number: 5 Excerpt Text: In summary, I am in favor of the AAI rule as proposed, and I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Gallagher, Paul Comment Number: 0383 Excerpt Number: 2 Excerpt Text: I am in favor of the AAI rule as proposed. I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Dohms, Peter Comment Number: 0384 Excerpt Number: 5 Excerpt Text: In summary, I am in favor of the AAI rule as proposed, and I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule. 18 EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Stejer, Warham Comment Number: 0385 Excerpt Number: 1 Excerpt Text: I would like voice my support for the All Appropriate Inquiry ( AAI) Standard proposed by the EPA.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Stejer, Warham Comment Number: 0385 Excerpt Number: 2 Excerpt Text: It would be a mistake to abandon enactment of the All Appropriate Inquiry standard based on the negative sentiments expressed by individuals who would no longer qualify as " environmental professionals," because they lack the education and/ or experience that would be needed to conduct brownfield studies.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including the proposed definition of environmental professional to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Heywood, Johanna Comment Number: 0387 Excerpt Number: 5 Excerpt Text: In summary, I am in favor of the AAI rule as proposed, and I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for 19 the proposed rule. EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Alizadeh, Ed Comment Number: PM 0127 0001 Excerpt Number: 1 Excerpt Text: I want to just give a couple of comments regarding the rule. First of all, I think it provides clarity for purchasers. The creation of the bona fide prospective purchaser of defense and contiguous property owner of defense will promote property transfers and redevelopment of properties to their best use.

Those have been considerable hindrances to development in the past, and I think clarifying that in this rule is of benefit to prospective purchasers. I also think the rule enhances public confidence in environmental assessments and redevelopment of brownfields by creating a definition for environmental professional, which I know is a difficult definition to arrive at, but by creating specific education, experience, and certification requirements, the rule provides the public with confidence that the studies will be protective of human health and the environment.

I also think it provides public confidence because the rule expands the database review requirements and provides for a nonprescriptive approach and allows for engineering or professional judgment in terms of what assessments should be done.

That will result in more data being reviewed, which will provide more confidence in the findings and conclusions and recommendations that are put forward, based on these assessments.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Alizadeh, Ed Comment Number: PM 0127 0001 Excerpt Number: 2 Other Sections: NEW  3.13.4  Shelf life should be extended beyond 180 days/ one year Excerpt Text: Lastly, I think the rule  By extending the time period that the inquiries were good from six months to a year will result in being a benefit for developers. Frequently developers from start to finish take much longer than six months before the deal is finalized, and by extending that to a year, will provide a benefit to developers who are trying to redevelop 20 brownfield properties. In summary, the rule makes redeveloping brownfields sites more attractive to potential developers. It sets minimum criteria for environmental professionals, which enhances the public confidence, and although through the AAI studies, the fees will potentially increase due to the added research requirements, it will enhance the confidence and will be protective of human health and the environment.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule. The final rule retains and clarifies the requirement that all appropriate inquiries be conducted within one year prior to the date of acquisition of the property, with certain aspects updated within 180 days. 21 <IP_ADDRESS> Support of the Performance Standard Commenter Organization Name: Franz, Barry Comment Number: 0068 Excerpt Number: 1 Other Sections: NEW  6.1  EPA should adopt ASTM standard rather than develop separate regulations Excerpt Text: Some key points of the AAI rule that I like is the fact that the AAI rule encourages a performance based approach rather than a " prescriptive/ mandatory" application of a standard ( e. g. ASTM El527 00). This approach allows an environmental professional to resolve data gaps based upon the professional's experience. Another critical aspect of the AAI rule that I like and appreciate, is the definition of what constitutes an environmental professional and what qualifications one should have.

However, I am not entirely convinced that we need the AAI rule. The ASTM Standard, El 527 00, has served as the de facto standard for a number of years and is recognized by the real estate and financial communities as an acceptable demonstration for environmental due diligence. Although I have a number of issues with the ASTM Standard, I can not state that it has not worked to the satisfaction of my clients, and the real estate and financial communities. It has performed reasonable in defining the overall environmental risk posed by a site.

In summary, if we must have a promulgated regulation, then the AAI rule as proposed is acceptable. However, I believe that the clarifications made in the rule could be adopted into the existing ASTM standard and this standard would serve just as well.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

With regard to the use of the ASTM E1527 2000 standard, prior to the development of the proposed rule, EPA determined that the ASTM E1527 2000 standard was inconsistent with applicable law. Since publication of the proposed rule, ASTM International has updated its E1527 Phase I Environmental Site Assessment Process to address the inconsistencies. EPA has determined that the updated standard is compliant with the statute criteria and consistent with the final rule. Therefore, in the final rule, EPA is referencing the standards and practices developed by ASTM International and known as Standard E1527 05 and entitled " Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process." Persons conducting all appropriate inquiries may use the procedures included in the ASTM E1527 05 standard to comply with the final rule. 22 Commenter Organization Name: Van Reenen, Dirk Comment Number: 0070 Excerpt Number: 2 Excerpt Text: I am pleased that the proposed AAI rule establishes definitions of " environmental professional" and encourages use of professional judgment. I have seen too many examples of environmental site assessments performed by marginally or unqualified individuals that seem to consider an assessment to be little more than filling out a checklist. I believe that the proposed rule will improve the quality of environmental site assessments. I also am pleased that the proposed rule encourages a performance based approach rather than the mandatory use of a standard. In my opinion, this will result in a higher quality assessment and fewer reports that are merely the regurgitation of a checklist.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

It is the Agency's contention that the performance based approach effectuates Congressional intent. The language used by Congress in describing the action to be taken under this rule is " all appropriate inquiries." Because each property for which all appropriate inquiries is undertaken is unique, " appropriate" inquiries for one property may not be " appropriate" for another. This uniqueness requires differing approaches. Therefore, the final rule is promulgated in a manner that allows the flexibility needed to engage in all appropriate inquiries for any property. The purpose behind establishing a performance standard for the conduct of all appropriate inquiries is to allow for a comprehensive assessment of available information about the potential environmental conditions at a property, while avoiding duplicative requirements. Sections 312.20( e) and ( f) of the final rule set forth objectives for the all appropriate inquiries investigation and performance factors for obtaining the information established within the objectives. As explained in the preamble to the proposed rule, the advantage of a performance based approach over a checklist approach to conducting the inquiries is that multiple sources of information need not be consulted for the same information.

The final rule ( as did the proposed rule) encourages environmental professionals to use discretion and professional judgment in determining the best sources of information and the best manner in which to obtain information, given the objectives of the regulations and the specific characteristics of the property being assessed. EPA anticipates that this flexible approach will encourage the efficient use of resources in the case of properties that may not require as rigorous of an investigation due to available information about a property or particular knowledge about a property that may not be available in the case of other properties, while at the same time maintaining adequate standards to ensure environmental protection in the case of all properties.

Commenter Organization Name: Thacker, Barry K Comment Number: 0071 23 Excerpt Number: 3 Other Sections: NEW  3.12.2  The rule should not require sampling and analysis Excerpt Text: Furthermore, I support the AAI rule changes because they encourage a performancebased approach, rather than a prescriptive " mandatory" application of a " standard,'" and allow for the environmental professional to resolve data gaps based on his or her experience.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please also see response to comment number 0070, excerpt 2.

Commenter Organization Name: Freitag, George A Comment Number: 0072 Excerpt Number: 3 Excerpt Text: The proposed rule also is vastly superior to what is currently performed for property transactions because it: ( 1) uses a performance based approach instead of a prescriptive approach, and ( 2) broadens the scope of the environmental inquiry on those sites where it is beneficial or needed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please also see response to comment number 0070, excerpt 2.

Commenter Organization Name: Engels, Joseph G Comment Number: 0088 Excerpt Number: 1 Excerpt Text: As a practicing environmental professional with close to 25 years of experience evaluating and remediating brownfield sites, I am encouraged by the proposed All Appropriate Inquiry rule. In particular, I am encouraged by the performance based approach that is proposed, rather than the current prescriptive ASTM approach. As proposed, AAI investigations should be designed by qualified professionals based on specific circumstances, site conditions and past and future uses of the property. Qualified 24 professionals provide their opinions based on their education, experience and technical expertise. The establishment of minimum education and experience standards for environmental professional qualifications are long overdue in this area of practice. Recognition of licensing/ certification by state or federal agencies is also a very positive aspect of the rule because it adds the aspect associated with protecting the public welfare that is intrinsic to these licensing programs.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please also see response to comment number 0070, excerpt 2.

Commenter Organization Name: Simon, Richard M Comment Number: 0089 Excerpt Number: 4 Other Sections: NEW  3.12.2  The rule should not require sampling and analysis Excerpt Text: I like the fact that the AAI rule encourages a performance based approach, rather than a prescriptive ' mandatory' application of a ' standard,' and allows for the environmental professional to resolve data gaps based on his or her experience. I also believe that the broader scope of environmental inquiry and wider application of the rule will result in the development of more thorough scopes of services, contracts, and reports. This result will be of significant benefit to my firm, the client, and most of all, the public.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Sanborn, Head & Associates, Inc Comment Number: 0090 Excerpt Number: 1 Excerpt Text: We support EPA's proposed rule based on the following reasons: ' The proposed rule clearly establishes minimum qualification criteria for environmental professionals that are consistent with the level of education/ experience typically necessary to collect and interpret environmental data, and develop conclusions and recommendations based on analysis of the data collected.' The proposed rule builds upon and advances the standard of practice for environmental inquiry related to property transactions, and allows for the exercise of professional judgment in evaluating the environmental risks potentially posed by conditions at a Site, rather than following a prescriptive approach. ' The proposed rule 25 was developed based on the work of a Negotiated Rulemaking Committee represented by a wide spectrum of interests, including the American Society of Civil Engineers, the National Groundwater Association, and ASFE.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Crocetti, Charles Comment Number: 0110 Excerpt Number: 2 Excerpt Text: The proposed rule builds upon and advances the standard of practice for environmental inquiry related to property transactions, and allows for the exercise of professional judgment in evaluating the environmental risks potentially posed by conditions at a Site, rather than following a prescriptive approach.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: NSPE Comment Number: 0230 Excerpt Number: 12 Excerpt Text: The proposed objectives and performance factors for an all appropriate inquiries requirements ( page 52558 52559).

The objectives and performance factors described in the proposed rule ( § 312.20( d), § 312.20 ( e), § 312.23( a), § 312.23( c), § 312.23( d), § 312.24, § 312.26, § 312.27, and § 312.30) are generally in keeping with the standards currently utilized by environmental professionals to perform all appropriate inquiries and therefore are reasonable.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2. 26 Commenter Organization Name: Diamond, Jason Comment Number: 0251 Excerpt Number: 1 Excerpt Text: Overall, I support the AAI rule, as I believe it will significantly improve the environmental inquiry process by providing performance based requirements and broadening the scope of an environmental inquiry to a degree that will be much more protective of human health and the environment, while promoting the productive use of properties subject to the Brownfields Revitalization Act.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: NGWA Comment Number: 0265 Excerpt Number: 1 Excerpt Text: The proposed rules emphasize a site specific, performance based approach that provides for flexibility and the exercise of professional judgment. The rule's approach achieves environmental and public health protection while moving sites into productive use efficiently and cost effectively.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Belaire, Kent Comment Number: 0267 Excerpt Number: 4 Excerpt Text: The AAI rule improves the existing environmental inquiry process because it encourages a performance based approach instead of a prescriptive approach and broadens the scope of the environmental inquiry where it is needed. The performance based approach provides for flexibility by allowing studies to be designed for the specific circumstances associated with a property. The broader scope will result in studies that will be protective of human health and the environment and promote the productive use of properties subject to the Brownfields Revitalization Act. 27 In summary, I support the AAI rule.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: GZA GeoEnvironmental Comment Number: 0279 Excerpt Number: 1 Excerpt Text: I support adoption of the proposed all appropriate inquiry rule because it emphasizes a performance based approach, sets minimum criteria for environmental professionals ( it is about time this was implemented) and allows for professional judgement. With over 20 years of experience in environmental and engineering consulting, I find it refreshing that USEPA has established minimum requirements for an environmental profession. It is important that these minimum standards not be relaxed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Billington, Edward Comment Number: 0284 Excerpt Number: 2 Other Sections: NEW  3.12.2  The rule should not require sampling and analysis Excerpt Text: I also support the fact that the AAI rule encourages a performance based approach, rather than a mandatory application of a prescriptive standard, and allows for the environmental professional to resolve data gaps based on his or her experience. The broader scope of environmental inquiry and wider application of the rule should result in the development of more thorough scopes of services, contracts, and reports. I believe the result will be of significant benefit to the public.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2. 28 Commenter Organization Name: Webster, O. Christopher Comment Number: 0285 Excerpt Number: 1 Excerpt Text: As a professional engineer I support the proposed rule. The proposed rule uses a performance based approach instead of prescriptive based approach, and as such, recognizes that the professional needs to develop the AAI studies to address the specific circumstances posed by the property and past uses.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Willis, George Comment Number: 0288 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  The proposed minimum requirements will improve quality of ESAs Excerpt Text: I like the fact that it sets a minimum qualification and criteria level for the professionals in the environmental practice area. It is performance based and includes an education component which is not unlike the successful professional practices found in the engineering industry. The use of professional judgement in evaluating site risk is imperative and supported by the rule. If adopted, the All Appropriate Inquiry Rule should go a long way towards improving the quality of the practitioners in the field and more significantly, actually protecting human health and the environment. Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Less, James Comment Number: 0290 Excerpt Number: 4 Other Sections: NEW  <IP_ADDRESS>  The proposed rule balances concerns of the stakeholders without compromising the environment Excerpt Text: The proposed rule also is vastly superior to what is currently performed for property transactions because it: ( 1) uses a performance based approach instead of a prescriptive 29 approach, and ( 2) broadens the scope of the environmental inquiry on those sites where it is beneficial or needed. The rule's performance based approach recognizes that AAI studies must be designed for the specific circumstances posed by a property and its past uses. This approach also makes the rule flexible so that it can be applied to any type of property. The broader scope of the environmental inquiry provides users ( our clients) and the public with the confidence that AAI studies will be protective of human health and the environment and promote productive use of properties subject to the Brownfields Law. Thus, it appears that the proposed rule balances the concerns of the many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Whitaker, Robert Comment Number: 0297 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  The proposed rule will improve quality of ESAs Excerpt Text: I urge you to adopt the proposed Rule. It will serve to raise the bar for personnel credentials and establish a performance based approach to environmental services that promotes professional judgment instead of a one size fits all " cookbook" approach. The environmental professional services industry has taken an unfortunate turn toward becoming a cottage industry in recent years and it is in the public interest to curtail this trend. The proposed rule will build on the success of the process established in the current ASTM standard and provide the public and end users of these services with a better understanding of what the process entails. In summary approving this rule is a win win proposal for the profession and the public.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions. 30 Please also see response to comment number 0070, excerpt 2.

Commenter Organization Name: Moors, Scott Comment Number: 0298 Excerpt Number: 1 Other Sections: NEW  2.1.1  Support of the proposed minimum requirements Excerpt Text: I support the proposed rule and I urge the Agency to adopt it as proposed. The proposed AAI rule: ?? Encourages project/ client/ public sensitivity by permitting the flexibility derived from a performance based approach instead of a prescriptive approach. The rule would be applicable to any type of property. ?? Sets minimum qualification criteria for environmental professionals ( EPs). ?? Allows for professional judgment, which is critical in the proper evaluation of the risk associated with a particular site. ?? Requires a broader scope of environmental inquiry by building on and significantly improving the existing process ( ASTM E 1527) that is familiar to many clients ( users) who have all appropriate inquiry studies performed. This approach enhances the process and the familiarity will help avoid ? gconfusion? h among users and will also help reduce or limit the cost impacts.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please also see response to comment number 0070, excerpt 2.

Commenter Organization Name: Davis, Colin Comment Number: 0300 Excerpt Number: 1 Other Sections: NEW  2.1.1  Support of the proposed minimum requirements Excerpt Text: I am in support of the proposed AAI rule due to: It establishes minimum qualifcation criteria for environmental professionals. Allows for professional judgement in evaluation of risk associated with a site. Encourages project/ client/ public sensitivity by permitting the flexibility derived from a performance based approach instead of a perspective approach. Broader scope of study by improving the current standard defined in ASTM E1527.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule. EPA notes that the final rule includes a few revisions from the proposed rule, including 31 revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please also see response to comment number 0070, excerpt 2.

Commenter Organization Name: Erb, Ronald Comment Number: 0301 Excerpt Number: 1 Other Sections: NEW  2.1.1  Support of the proposed minimum requirements Excerpt Text: I would like to add my support to the proposed rule for Standards and Practices for All Appropriate Inquiry. I believe this service should be handled by persons with a minimum of training and expertise as outlined in the proposed rule. Site specific, performance based approaches are important in the type of work performed by environmental professionals.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please also see response to comment number 0070, excerpt 2.

Commenter Organization Name: Anonymous Comment Number: 0303 Excerpt Number: 1 Other Sections: NEW  2.1.1  Support of the proposed minimum requirements Excerpt Text: I approve of the proposed rule for AAI. The prescriptive approach currently used in the ASTM method is not applicable to many projects/ sites; therefore, a more flexible approach, as is proposed in the AAI is an improvement. The AAI proposed rule also sets minimum qualifications for professions conducting the inquiries that are more appropriate to the inquiry process.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2. 32 Commenter Organization Name: May, Thomas Comment Number: 0310 Excerpt Number: 2 Excerpt Text: I also support the proposed rule because it uses a performance based approach instead of a prescriptive approach. The rule's performance based approach recognizes that AAI studies must be designed for the specific circumstances posed by a property and its past uses. This approach also makes the rule flexible so that it can be applied to any type of property.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Schultz, Michael Comment Number: 0331 Excerpt Number: 4 Other Sections: NEW  <IP_ADDRESS>  The proposed rule balances concerns of the stakeholders without compromising the environment Excerpt Text: The proposed rule is also vastly superior to what is currently performed for property transactions for two reasons: 1. A performance based approach instead of a prescriptive approach is employed, which recognizes that AAI studies must be designed for the specific circumstances posed by a property and its past uses. This approach also makes the rule flexible so that it can be applied to any property type. 2. It broadens the scope of the environmental inquiry on those sites where it is beneficial or needed. The broader scope of the environmental inquiry provides users ( our clients) and the public with the confidence that AAI studies will protect human health and the environment and promote productive use of properties subject to the Brownfields Law. The proposed rule appears to balance the concerns of many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please see response to comment number 0070, excerpt 2. 33 Commenter Organization Name: McKerr, Thomas Comment Number: 0347 Excerpt Number: 8 Excerpt Text: Objectives and Performance Factors. Well done.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Lourie Consultants Comment Number: 0353 Excerpt Number: 6 Other Sections: NEW  <IP_ADDRESS>  The proposed rule balances concerns of the stakeholders without compromising the environment Excerpt Text: I am convinced that the proposed AAI rule is vastly superior to what is currently performed for property transactions because it: ( 1) uses a performance based approach instead of a prescriptive approach, and ( 2) broadens the scope of the environmental inquiry on those sites where it is beneficial or needed. The broader scope of the environmental inquiry provides users and the public with the confidence that AAI studies will be protective of human health and the environment and promote productive use of properties subject to the Brownfields Law. Thus, it appears that the proposed rule balances the concerns of the many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2. Commenter Organization Name: Smith, Michael Comment Number: 0360 Excerpt Number: 4 Excerpt Text: I like the fact that the AAI rule encourages a performance based approach, rather than a prescriptive " mandatory" application of a " standard," and allows for the environmental professional to resolve data gaps based on his or her experience. I also believe that the broader scope of environmental inquiry and wider application of the rule will result in the development of more thorough scopes of services, contracts, and reports. This result will be of significant benefit to my firm, the client, and most of all, the public.

Response: 34 The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: SCANA Comment Number: 0373 Excerpt Number: 8 Excerpt Text: In the preamble ( page 52559, 1st column), the Agency states that the proposed performance factors in § 312.20( e) are " guidelines to be followed in conjunction with the performance objectives for the all appropriate inquiries." It is recommended that the Agency incorporate language in the regulation to clearly state that these are guidelines.

Response: The regulatory language at 40 CFR 312.20( f) states " In performing each of the standards and practices set forth in this subpart and to meet the objectives stated in paragraph ( e) of this section, the persons identified under section 312.1( b) or the environmental professional as defined in section 312.10 ( as appropriate to the particular standard and practice) must seek to..." ( emphasis added). By including in the regulatory language the phrase " must seek to" the Agency designates the performance factors as guidelines or objectives for how to perform the all appropriate inquiries in compliance with the statutory criteria and the regulatory objectives established in the final rule.

Commenter Organization Name: Denton, Robert Comment Number: 0381 Excerpt Number: 4 Other Sections: NEW  <IP_ADDRESS>  The proposed rule balances concerns of the stakeholders without compromising the environment Excerpt Text: The rule's performance based approach recognizes that AAI studies must be designed for the specific circumstances posed by a property and its past uses. This approach also makes the rule flexible so that it can be applied to any type of property with sufficient specificity to focus on the relevant environmental conditions that may exist at that property. The broader scope of the environmental inquiry provides users ( our clients) and the public with the confidence that AAI studies will be protective of human health and the environment and promote productive use of properties subject to the Brownfields Law. Thus, it appears that the proposed rule balances the concerns of the many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule. 35 EPA notes that the final rule includes a few revisions from the proposed rule to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Dohms, Peter Comment Number: 0384 Excerpt Number: 4 Other Sections: NEW  <IP_ADDRESS>  The proposed rule balances concerns of the stakeholders without compromising the environment Excerpt Text: The proposed rule also is vastly superior to what is currently performed for property transactions because it: ( 1) uses a performance based approach instead of a prescriptive approach, and ( 2) broadens the scope of the environmental inquiry on those sites where it is beneficial or needed. The rule's performance based approach recognizes that AAI studies must be designed for the specific circumstances posed by a property and its past uses. This approach also makes the rule flexible so that it can be applied to any type of property. The broader scope of the environmental inquiry provides users ( our clients) and the public with the confidence that AAI studies will be protective of human health and the environment and promote productive use of properties subject to the Brownfields Law. Thus, it appears that the proposed rule balances the concerns of the many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Heywood, Johanna Comment Number: 0387 Excerpt Number: 4 Other Sections: NEW  <IP_ADDRESS>  The proposed rule balances concerns of the stakeholders without compromising the environment Excerpt Text: The proposed rule also is vastly superior to what is currently performed for property transactions because it: ( 1) uses a performance based approach instead of a prescriptive approach, and ( 2) broadens the scope of the environmental inquiry on those sites where it is beneficial or needed. The rule's performance based approach recognizes that AAI studies must be designed for the specific circumstances posed by a property and its past uses. This approach also makes the rule flexible so that it can be applied to any type of 36 property. The broader scope of the environmental inquiry provides users ( our clients) and the public with the confidence that AAI studies will be protective of human health and the environment and promote productive use of properties subject to the Brownfields Law. Thus, it appears that the proposed rule balances the concerns of the many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Intertox Comment Number: 0396 Excerpt Number: 5 Excerpt Text:  The proposed objectives and performance factors for the all appropriate inquiries requirements.

 While we agree it is important to approach an all appropriate inquiry with a concise set of objectives and performance factors, we believe that too much stress is placed here on the approach rather then stressing the quality of investigation. It is our experience that information relevant to one criterion is rarely collected more than once. Therefore, we believe it is sufficient to establish in a final rule that the environmental professional will determine the best process and sequence for collecting and analyzing all required information. We are aware, however, from years of experience that the sequence of information gathering is more efficient if historical resources are reviewed first, followed by a review of government databases and records, and then the site visit. Characterizing the historic uses of a site and identifying listed sites within a ½ mile radius of the subject property sets the stage for a more complete site visit. In addition, although Intertox opposes this, if sampling and analysis is determined to be an acceptable activity in the all appropriate inquiry, then knowing the background of the site will help determine where sampling should occur on a property.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

The Agency notes that the final rule includes no requirements to conduct sampling and analysis as part of the all appropriate inquiries investigation. 37 Commenter Organization Name: Rybak, John Thomas Comment Number: 0412 Excerpt Number: 4 Excerpt Text: 3) Proposed objective and performance factors for AAI a) Page # 52578 b) View: I support the objective and performance factors. Objective and performance factors are designed to achieve a higher standard of Phase I report, and more consistent Phase I product in order to allow the legal system to apply an AAI standard for purchasers of contaminated land.

c) Assumptions: The current voluntary standard ( ASTM) is not sufficient for AAI and not consistently applied in the practice of Phase I reports.

d) Burden: Will require the EP firms to reformat their Phase I reports and alter their report preparation process. This may increase report costs slightly.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

EPA agrees with the commenter that the requirements included in the final rule will slightly increase the costs of performing an environmental site assessment over the current cost of performing an assessment in compliance with the ASTM E1527 2000 standard.

Commenter Organization Name: Tryon, Bill Comment Number: 0418 Excerpt Number: 1 Excerpt Text: Discussion of Scope  One positive outcome of EPA's development of a definition of AAI is promotion of industry discussion. In recent years, much of the environmental industry has moved toward a formulaic approach to environmental investigation, frequently completing certain steps without an apparent understanding for the significance of the findings of the investigation. Hopefully, the implementation of EPA's standard will result in completion of more thoughtful investigations.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule. 38 Commenter Organization Name: Haley and Aldrich Comment Number: 0432 Excerpt Number: 1 Excerpt Text: In general, we support the All Appropriate Inquiry rule; in particular the performance based approach that is proposed, rather than the current prescriptive ASTM approach. We support the notion that the proposed rule requires that the opinions provided should be by qualified professionals and not just anyone with limited training can conduct such an assessment contains. We also agree with the lack of requirements regarding the length, structure, or specific format of a written report;

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: McLeod, Jeff Comment Number: 0444 Excerpt Number: 5 Excerpt Text: 312.24, 312.25 and 312.26 Each of these sections addresses documents to be reviewed in conducting AAIs. It is refreshing to have some latitude in the regulations to exercise professional judgement as to how to conduct the inquiries addressed in these Parts. However I can foresee circumstances where EPs could reach different conclusion based on their professional judgement which could lead to legal battles.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Please see response to comment number 0070, excerpt 2.

If more than one environmental professional conducts environmental inquiries at a particular property and the environmental professionals reach different conclusions regarding conditions indicative of releases or threatened releases of hazardous substances at the property, it is the responsibility of prospective landowner, with whom the liability 39 for releases may rest, to resolve the differences in opinion. In such cases, the prospective landowner may want to evaluate the merits of conducting additional investigations.

Commenter Organization Name: Grissom, Glen Comment Number: PM 0127 0009 Excerpt Number: 1 Excerpt Text: I believe the standard has several good points to offer, including the definition of environmental professional, as a very positive step, to keep work product high.

I also move that if it was a positive step that these standards were specifically designed to meet the CERCLA's all appropriate inquiries standard, so there can be no question down the road on a project, whether they're going to be covered under this standard, like under the current ASTM standard.

I believe it's also positive that the standard emphasizes several information sources that aren't currently stressed, such as low purchase price, environment liens, and engineering controls, especially given the changes that are going in the environmental field, before moving toward corrective actions, where things such as environmental liens and engineering controls are becoming much more common.

And lastly, I believe that it is positive, it is a result based standard, rather than simply a checklist of items to review, and you just  you go through the checklist, you did everything that was there, and you're done, whether you actually produced a good product or not.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please see response to comment number 0070, excerpt 2. 40 <IP_ADDRESS> The Proposed Rule Will Improve Quality of Environmental Site Assessments Commenter Organization Name: Virginia Geotechnical Services Comment Number: 0034 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  The proposed minimum requirements will improve quality of ESAs Excerpt Text: I am in support of the proposed rule for Standards and Practices for AAI. The qualifications section, in particular, has long been needed and will vastly improve the quality of environmental assessments by setting an appropriate level of qualifications and experience for persons holding themselves out as an " environmental professional." Because ASTM has proven it cannot address the qualifications issue, EPA is the only appropriate venue that can set this standard.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Cooper, Ivan A Comment Number: 0047 Excerpt Number: 3 Excerpt Text: Third, the proposed rule builds on and significantly improves the existing environmental inquiry process for property transactions. This will allow me to continue to be able to provide the expertise and experience that I have gained doing ASTM E 1527 studies, and therefore continue to enhance my value to my firm. Not having to learn a whole new process will also ensure the cost effectiveness of my services.

Fourth, those who perform the best are likely to get the most work. I believe that the Rule will be successful in " raising the bar" on the quality of AAI studies, because there are enough safeguards and protections within the proposed rule to make clients far more concerned about peoples' qualifications.

In summary, I am in favor of the AAI rule as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for 41 the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Vellone, Daniel A Comment Number: 0048 Excerpt Number: 3 Excerpt Text: The proposed rule also is vastly superior to what is currently performed for property transactions because it broadens the scope of the environmental inquiry on those sites where it is beneficial or needed. The rule's performance based approach recognizes that AAI studies must be designed for the specific circumstances posed by a property and its past uses. This approach also makes the rule flexible so that it can be applied to any type of property. The broader scope of the environmental inquiry provides users and the public with the confidence that AAI studies will be protective of human health and the environment and promote productive use of properties subject to the Brownfield's Law. This can only be accomplished effectively if licensed Professional Engineers and Geologists are in Responsible Charge of the AAI process.

In summary, I am in favor of the AAI rule as proposed, and I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions. The final rule, as did the proposed rule, allows for persons who are not a licensed professional engineer or a licensed professional geologist to qualify as environmental professionals if they meet certain educational and experience qualifications.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Tedlock, Rowley R Comment Number: 0051 Excerpt Number: 1 Excerpt Text: I support the proposed rule for many reasons including the minimum education and 42 experience qualifications for " environmental professionals" conducting AAI studies. The proposed rule builds on and improves the existing environmental inquiry process for property transactions.

I am in favor of the AAI rule as proposed, and I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Worcester, Alfred P Comment Number: 0065 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  The cost impacts of the proposed rule will not be significant Excerpt Text: I support the proposed rule for many reasons, some of which are expressed here.

The proposed rule builds on and significantly improves the existing environmental inquiry process for property transactions. This is a wise and important approach for many reasons. Because the general concept will be familiar to the service providers (" environmental professionals") and the users, the transition to the new rule should be relatively straightforward and result in a minimum of disruption to the marketplace. Also, while the cost of conducting an inquiry according to the proposed AAI rule will likely be a little more than the cost associated with the current process, the cost impacts should be minor and the resulting benefits will be significant.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Roark, Michael Comment Number: 0081 Excerpt Number: 1 43 Excerpt Text: I believe the proposed AAI rule will be a great improvement over the existing ASTM Phase I ESA standard.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Cheeks, J. Richard Comment Number: 0083 Excerpt Number: 3 Excerpt Text: Third, the proposed rule builds on and significantly improves the existing environmental inquiry process for property transactions. This will allow me to continue to be able to provide the expertise and experience that I have gained doing ASTM E 1527 studies, and therefore continue to enhance my value to my firm. Not having to learn a whole new process will also ensure the cost effectiveness of my services.

Fourth, those who perform the best are likely to get the most work. I believe that the Rule will be successful in " raising the bar" on the quality of AAI studies, because there are enough safeguards and protections within the proposed rule to make clients far more concerned about peoples' qualifications.

In summary, I am in favor of the AAI rule as proposed. I urge the Agency to adopt it as proposed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Ferguson, Jim Comment Number: 0203 Excerpt Number: 1 Excerpt Text: It is high time that the technical soundness of Phase I Environmental Site Assessments is brought up to an acceptable standard. The proposed rule for All Appropriate Inquiries ( AAI) as published in the August 26th Federal Register is a major improvement toward that end. 44 Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Roeser, Daniel Comment Number: 0249 Excerpt Number: 1 Excerpt Text: The EPA's proposed rules for All Appropriate Inquiry ( AAI) transfer criteria for this due diligence activity from the current private sector consensus standards of practice to federal government regulation. I enthusiastically support this transfer, which will help ensure a level of professionalism and quality appropriate for this important type of environmental investigation. In general the transition is coherent and reasonable Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: NW EnviroSearch Comment Number: 0272 Excerpt Number: 1 Excerpt Text: Thank you for developing criteria and I standards on a national basis for the completion of Phase I Environmental Site Assessments. For many years we have observed the disparity between the quality and competency [ of the reports and those preparing the documents within the environmental industry.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Whitaker, Robert Comment Number: 0297 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  Support of the performance standard Excerpt Text: I urge you to adopt the proposed Rule. It will serve to raise the bar for personnel credentials and establish a performance based approach to environmental services that promotes professional judgement instead of a one size fits all " cookbook" approach. The environmental professional services industry has taken an unfortunate turn toward becoming a cottage industry in recent years and it is in the public interest to curtail this trend. The proposed rule will build on the success of the process established in the current ASTM standard and provide the public and end users of these services with a better 45 understanding of what the process entails. In sumary approving this rule is a win win proposal for the profession and the public.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Moors, Scott Comment Number: 0298 Excerpt Number: 2 Excerpt Text: Provides the public with the confidence that AAI studies will be protective of human health and the environment that does not currently exist with the ASTM process. While not perfect, will be successful in raising the bar on the quality of AAI studies, as there are enough safeguards and protections within the proposed rule.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Griebel, Russell Comment Number: 0316 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  The cost impacts of the proposed rule will not be significant Excerpt Text: I support the proposed rule for many reasons, some of which are expressed here. The proposed rule builds on and significantly improves the existing environmental inquiry process for property transactions. This is a wise and important approach for many reasons. Because the general concept will be familiar to the service providers ( environmental professionals) and the users, the transition to the new rule should be relatively straightforward and result in a minimum of disruption to the marketplace. Also, while the cost of conducting an inquiry according to the proposed AAI rule will likely be a little more than the cost associated with the current process, the cost impacts should be minor and the resulting benefits will be significant.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule. 46 EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Herin Comment Number: 0329 Excerpt Number: 1 Excerpt Text: I have been involved with as many as 300 environmental due diligence projects a year. As part of this I have seen a wide range of due diligence products provided by consultants. In particular, I have been concerned with the " bargain basement" Phase I ESA ( claiming to meet ASTM E1527 standards) which probably does little to protect the user. In fact, typical reasons these products are so inexpensive include: the preparer has limited experience; the preparer takes advantage of the vagueness of the ASTM standard by " cutting corners" to keep the price down; and the user is an uninformed buyer ( thus, some users unwittingly treat due diligence services as a commodity).

I applaud EPA's efforts for helping to better define AAI and, thereby, to protect the user.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Lourie Consultants Comment Number: 0353 Excerpt Number: 2 Excerpt Text: My firm and I personally provide a variety of environmental services for our clients; these services cover a broad range of project types with various degrees of complexity for clients in the commercial, retail, municipal, and industrial sectors. I know better than most that even the apparently simplest brownfield engagement or environmental site assessment can pose latent risks. The only way that I've found to deal effectively with those risks is by relying on professionals who have the education, training, experience, and good judgment needed to know what to do when the situation they encounter differs from one described in some guide or standard or that is outside the specific range of past experience. For that reason, I fought for and am pleased that the proposed rule establishes realistic near and long term definitions of " environmental professional." Furthermore, the proposed rule allows for and even requires the application of the professional judgment needed to help consider and safeguard the public trust. Overall, the proposed AAI rule " raises the bar" such that better assessments will be performed.

Response: The Environmental Protection Agency thanks the commenter for the stated support for 47 the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Osuch, Debra Comment Number: 0365 Excerpt Number: 1 Excerpt Text: I support the EPA's proposed rules for All Appropriate Inquiry ( AAI). The proposed rules transfer criteria for this due diligence activity from private sector consensus standards of practice to federal government regulation. I believe the proposed rules will help ensure a higher level of professionalism and quality needed for this type of environmental property assessments.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Commenter Organization Name: Intertox Comment Number: 0396 Excerpt Number: 6 Other Sections: NEW  3.12  Data gaps Excerpt Text:  The proposed provisions for addressing data gaps.

 Lack of information or the inability to obtain information on a site is a common problem. This is often caused by project limitations as reflected in scope and budget. However, Phase I ESA reports have traditionally not included detail about data gaps. Therefore, we believe this proposed requirement will result in better reports and provide report recipients with greater detail upon which liability minimizing decisions can be made.

Response: The Environmental Protection Agency thanks the commenter for the stated support for 48 the proposed rule.

Commenter Organization Name: Templeton, Sharon Comment Number: 0407 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  The cost impacts of the proposed rule will not be significant Excerpt Text: The proposed rule builds on and significantly improves the existing environmental inquiry process for property transactions. While the cost of conducting an inquiry according to the proposed AAI rule will likely be a little more than the cost associated with the current process, the cost impacts should be minor and the resulting benefits will be significant.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA agrees with the commenter that the requirements included in the final rule will only slightly increase the costs of performing an environmental site assessment over the current cost of performing an assessment in compliance with the ASTM E1527 2000 standard.

Commenter Organization Name: Rybak, John Thomas Comment Number: 0412 Excerpt Number: 1 Excerpt Text: It is Branch Bank and Trust's general position of support for the proposed AAI Phase I Standards. Since its inception approximately 15 years ago the Environmental Phase I industry has been without a regulatory standard for these reports, and this has lead to a vast array of report types, quality, and professionals preparing these reports. ASTM has been a good guidance document, but it contains many vague areas, lacks a standard in other areas, and is only voluntarily adhered to. Not all users of the Phase I possess the expertise to evaluate if their Phase I report meets the current guideline, or if the consultant the hired adequately represented their interests. Many users of the report simply mark a task completed, that the Phase I has been done. But to what standard, and is that standard even applicable or sufficient to cover their risks and preserve the various CERCLA Defenses? How can a CERCLA Defense be sufficiently developed based on a suspect foundation? The simple task of obtaining a Phase I under the current guidelines, especially one of poor quality, may not prove adequate in a court of law, and certainly may not sufficiently evaluate the environmental risks at the real property.

Over the past ten years I've personally reviewed thousands of Phase I reports for several National Financial Lending Institutions. Not all Phase I reports are created equal. In the 49 vacuum of a Regulatory Standard quality and consistency vary greatly. There are many good and ethical firms conducting high quality Phase I report for a fair price. However there are also many firms who don't fit that definition of quality and ethics. It is our hope that through the AAI Phase I process the industry will see equalization in the Phase I Report Standard, and an increase in overall quality of this product. We may experience an increase in cost or timing, but this would be reasonable for a higher quality product. For a long time the Appraisal Industry has been regulated, leaving no question as to the Standards that need to be met. The Environmental Phase I industry faces many of the report quality and consistency problems that faced the appraisal industry prior to being regulated.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA agrees with the commenter that the requirements included in the final rule will only slightly increase the costs of performing an environmental site assessment over the current cost of performing an assessment in compliance with the ASTM E1527 2000 standard.

EPA agrees that the performance standards will increase the standard by which Phase I reports are conducted. However, the Agency also notes that there may still be varying degrees of quality in Phase I reporting and encourages prospective landowners to carefully select who they trust or employ to conduct all appropriate inquiries. Also, merely conducting all appropriate inquiries will not satisfy the provisions of CERCLA necessary to establish a defense to liability relief. Once acquiring a property, landowners must comply with the continuing obligations established in the statute to qualify for liability protection as a bona fide prospective purchaser, innocent landowner or contiguous property owner.

Commenter Organization Name: Langston, Jeff Comment Number: PM 0127 0006 Excerpt Number: 1 Other Sections: NEW  <IP_ADDRESS>  The proposed minimum requirements will improve quality of ESAs Excerpt Text: And I just want to mention that I'm in favor of the proposed rule, and for the reasons  the favorable reasons that have been mentioned by others. I don't want to restate those, but specifically, I do want to comment on the definition of the environmental professional that the rule would require, and I believe that that definition for the environmental professional would result in increased quality of the environment assessment and the due diligence reports.

Response: The Environmental Protection Agency thanks the commenter for the stated support for 50 the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, including revisions to the proposed definition of an environmental professional, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions. 51 <IP_ADDRESS> The Proposed Rule Balances Concerns of the Stakeholders without Compromising the Environment Commenter Organization Name: Cooper, Ivan A Comment Number: 0047 Excerpt Number: 2 Excerpt Text: Second, I live and work in communities that have environmentally impacted sites. The broader scope of the environmental inquiry provides users ( our clients) and the public with the confidence that AAI studies will be protective of human health and the environment, and promote productive use of properties consistent with the intent of the Small Business Liability Relief and Brownfields Revitalization Act ( the Act). In other words, it appears that the proposed Rule balances the concerns of the many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Thacker, Barry K Comment Number: 0071 Excerpt Number: 1 Excerpt Text: I have reviewed your proposed All Appropriate Inquiry ( AAI) rule changes and I support them. Cleaning up brownfields so they can be returned to productive use is an important national effort. I think your proposed changes will enable brownfields to be revitalized while taking care of environmental issues, too.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Cheeks, J. Richard Comment Number: 0083 Excerpt Number: 2 Excerpt Text: Second, I live and work in communities that have environmentally impacted sites. The broader scope of the environmental inquiry provides users ( our clients) and the public with the confidence that AAI studies will be protective of human health and the environment, and promote productive use of properties consistent with the intent of the Small Business Liability Relief and Brownfields Revitalization Act ( the Act). In other words, it appears that the proposed Rule balances the concerns of the many parties 52 involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Simon, Richard M Comment Number: 0089 Excerpt Number: 1 Excerpt Text: Your proposed All Appropriate Inquiry ( AAI) rule seems to accomplish what America needs: Revitalizing brownfields while taking care of environmental issues, too.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

Commenter Organization Name: Less, James Comment Number: 0290 Excerpt Number: 4 Other Sections: NEW  <IP_ADDRESS>  Support of the performance standard Excerpt Text: The proposed rule also is vastly superior to what is currently performed for property transactions because it: ( 1) uses a performance based approach instead of a prescriptive approach, and ( 2) broadens the scope of the environmental inquiry on those sites where it is beneficial or needed. The rule's performance based approach recognizes that AAI studies must be designed for the specific circumstances posed by a property and its past uses. This approach also makes the rule flexible so that it can be applied to any type of property. The broader scope of the environmental inquiry provides users ( our clients) and the public with the confidence that AAI studies will be protective of human health and the environment and promote productive use of properties subject to the Brownfields Law. Thus, it appears that the proposed rule balances the concerns of the many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions. 53 Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Schultz, Michael Comment Number: 0331 Excerpt Number: 4 Other Sections: NEW  <IP_ADDRESS>  Support of the performance standard Excerpt Text: The proposed rule is also vastly superior to what is currently performed for property transactions for two reasons: 1. A performance based approach instead of a prescriptive approach is employed, which recognizes that AAI studies must be designed for the specific circumstances posed by a property and its past uses. This approach also makes the rule flexible so that it can be applied to any property type. 2. It broadens the scope of the environmental inquiry on those sites where it is beneficial or needed. The broader scope of the environmental inquiry provides users ( our clients) and the public with the confidence that AAI studies will protect human health and the environment and promote productive use of properties subject to the Brownfields Law. The proposed rule appears to balance the concerns of many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Lourie Consultants Comment Number: 0353 Excerpt Number: 5 Excerpt Text:  Other objections falsely claim the proposed EP definition, if promulgated, will lead to substantially increased costs, business failures, and/ or some other form of business disruption, e. g., the rule will put small firms out of business or the cost of complying with the AAI rule will be too great. The composition of the AAI rulemaking committee included parties that represented all types and sizes of firms over a large geographic area that are involved with real estate transactions. As such, great efforts were made to accommodate many business related concerns, while still holding paramount the need to protect the public and environment.

The proposed EP definition probably received the most discussion of any one issue during the rulemaking process. The proposed EP definition, like the rest of the proposed 54 rule, contains compromises.

Response: EPA thanks the commenter for the stated support of the proposed rule. As the commenter states and as the Agency pointed out in the preamble to the proposed rule, the proposed definition of environmental professional represented a balance of interests held by EPA and the other members of the Negotiated Rulemaking Committee. EPA notes that the final rule includes revisions to the proposed definition of environmental professional to reflect issues raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these changes.

Commenter Organization Name: Lourie Consultants Comment Number: 0353 Excerpt Number: 6 Other Sections: NEW  <IP_ADDRESS>  Support of the performance standard Excerpt Text: I am convinced that the proposed AAI rule is vastly superior to what is currently performed for property transactions because it: ( 1) uses a performance based approach instead of a prescriptive approach, and ( 2) broadens the scope of the environmental inquiry on those sites where it is beneficial or needed. The broader scope of the environmental inquiry provides users and the public with the confidence that AAI studies will be protective of human health and the environment and promote productive use of properties subject to the Brownfields Law. Thus, it appears that the proposed rule balances the concerns of the many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Smith, Michael Comment Number: 0360 Excerpt Number: 1 Excerpt Text: I appreciate all the hard work provided by the committee and EPA staff in developing a workable All Appropriate Inquiry ( AAI) rule that will allow professional judgment while requiring the professional has the experience to make the judgment call. Cleaning up brownfields is vitally important to the United States. Doing so will revitalize decayed, 55 often inner city areas, bringing jobs and opportunities there, which will help reduce the need for more roads, more public transit, and cars. The social consequences can be tremendous. So can the economic impact and the valuable dampening effect brownfields revitalization can have on urban sprawl. As valuable as all these objectives may be, however, achieving them at the expense of the environment would be unacceptable. Your proposed All Appropriate Inquiry rule seems to accomplish what America needs: Revitalizing brownfields while taking care of environmental issues, too.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.

Please see response to comment number 0070, excerpt 2.

Commenter Organization Name: Denton, Robert Comment Number: 0381 Excerpt Number: 4 Other Sections: NEW  <IP_ADDRESS>  Support of the performance standard Excerpt Text: The rule's performance based approach recognizes that AAI studies must be designed for the specific circumstances posed by a property and its past uses. This approach also makes the rule flexible so that it can be applied to any type of property with sufficient specificity to focus on the relevent environmental conditions that may exist at that property. The broader scope of the environmental inquiry provides users ( our clients) and the public with the confidence that AAI studies will be protective of human health and the environment and promote productive use of properties subject to the Brownfields Law. Thus, it appears that the proposed rule balances the concerns of the many parties involved in property transactions without compromising the environment now or in the future.

Response: The Environmental Protection Agency thanks the commenter for the stated support for the proposed rule.

EPA notes that the final rule includes a few revisions from the proposed rule, to address concerns raised by other public commenters. Please see section III of the preamble to the final rule for a summary of these revisions.