New EPA rule establishes process for assessment of Brownfields.

The U.S. Environmental Protection Agency (EPA) presented the All Appropriate Inquiries rule in November, which the agency hopes will accelerate private cleanups of brownfields (land that was previously industrial). The rule establishes the specific procedure for evaluating a property for potential environmental contamination in order to avoid liability under the federal Superfund law.

A negotiated committee of 25 stakeholders (including EPA, environmental groups, representatives of the real estate industry, banks and other groups) developed the proposed rule, and EPA received more than 400 public comments from interested parties. These comments were factored into the final rule, which will take effect on Nov. 1, 2006.

The rule modifies what qualifies as an "all appropriate inquiry" for purposes of avoiding potential Superfund liability. Such an inquiry must be conducted or updated within one year of the date a property is acquired, and many of the inquiry's activities must be conducted by, or under the supervision of, a qualified environmental professional. The inquiry must include:

* interviews with past and present owners, operators and occupants;

* reviews of historical sources of information;

* reviews of federal, state, tribal and local government records;

* visual inspections of the facility and adjoining properties;

* commonly known or reasonably ascertainable information;

* degree of obviousness of the presence or likely presence of contamination at the property and the ability to detect the contamination.

For more information on the brownfields All Appropriate Inquiries rule, visit www.epa.gov/brownfields.