Sweeping changes are taking place in the way that Environmental Site Assessments (ESAs) are conducted. EnSafe is working diligently to incorporate new government standards set to take effect in November 2006. Known as the AAI rule (for All Appropriate Inquiry), the regulations establish requirements for conducting AAI into the previous ownership, uses, and environmental conditions of a property for the purposes of qualifying for certain landowner liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Since 1986, when Congress amended CERCLA and introduced the concept of AAI, there has been continuing debate, as well as costly litigation, over exactly what was necessary to satisfy a seemingly obscure standard. The new AAI requirements are the result of 2002 legislation mandating that the U.S. Environmental Protection Agency (USEPA) draw up regulations to clearly define the requirements for performing due diligence on properties contaminated with hazardous substances.

The AAI Rule, which will be codified at 40 CFR 312, applies to all commercial properties, as well as properties used for commercial purposes (e.g., apartment buildings), federally owned properties, and properties assessed with federal grant money.  Prospective owners who fail to conduct AAI in compliance with the rule prior to obtaining title to a property could lose their ability to assert a defense to CERCLA liability at a later time. Simply put, the purpose of the AAI rule is to eliminate ambiguity and uncertainty as to what constitutes the scope of due diligence necessary to ultimately qualify for one of the protections provided under CERCLA.

To read the new legislation in its entirety, as well as other information concerning environmental site assessments related to CERCLA, visit the USEPA Web site.