YOUR COMPANYS LOGO HEREMASTERING THE BASICS: AAI RULE & ASTM E 1527-05Internal Phase I Training ModuleINSERT: DATECompanys NameSpeakers NameYOUR COMPANYS LOGO HEREOVERVIEW Understanding Background on AAI and E 1527-05 AAI-Compliant Scope of Work: Whats Really Changing? insert company names Response to AAI Our AAI Strategy YOUR COMPANYS LOGO HEREUNDERSTANDING EPAs AAI RULE and E 1527-05YOUR COMPANYS LOGO HEREAAI : ROAD TO THE FINAL RULE First federal rule governing environmental due diligence process Promulgated November 1, 2005 in Code of Federal Regulations Federal reference: 40 CFR Part 31240 CFR Part 312 Effective November 1, 2006YOUR COMPANYS LOGO HEREASTMs Response to AAI ASTM revised 2000 standard to satisfy EPA that it was “at least as stringent” as AAI rule EPAs Office of General Counsel required that certain language from AAI rule be incorporated into E 1527 YOUR COMPANYS LOGO HEREASTMs Response (contd) E 1527-05 published on November 18, 2005 Satisfied EPA as sufficiently stringent Property owners can follow either E 1527-05 or AAI to qualify for CERCLA liability protection as of November 1, 2006YOUR COMPANYS LOGO HEREAAI RULE: Who Must Comply? Must be followed by any clients seeking CERCLA Must be followed by any clients seeking CERCLA landowner liability protection as:landowner liability protection as:1.1.innocent landowner (traditional)innocent landowner (traditional)2.2.contiguous property owner contiguous property owner 3.3.bona fide prospective purchaser bona fide prospective purchaser Be aware “surrogate regulators” will also drive AAI Be aware “surrogate regulators” will also drive AAI or E 1527-05 scopes. For example:or E 1527-05 scopes. For example: U.S. Small Business Administration adopted AAIU.S. Small Business Administration adopted AAI Standard & Standard & PoorsPoors announced plans to adopt E 1527-05 announced plans to adopt E 1527-05 Attorneys demanding AAI-compliant scopes as “current Attorneys demanding AAI-compliant scopes as “current standard of care”standard of care”YOUR COMPANYS LOGO HEREKEY FACTS ABOUT AAI RULE To qualify for any of the CERCLA liability protections, 10 components of AAI must be satisfied, including “inquiry by an environmental professional” Certain components must be conducted by a qualified EP, but other steps may be the responsibility of the “user”YOUR COMPANYS LOGO HERE10 AAI COMPONENTS SHARED:9.Consider “commonly known” information 10.Consider “degree of obviousness of contamination”1.Inquiry by EP 2. must include:2.Visual inspections3.Interviews4.Reviews of historical sources5.Reviews of government records “USER” OR EP:6.Search for environmental cleanup liens7.Consider “specialized knowledge”8.Consider relationship of purchase price to fair market value of property, if not contaminatedYOUR COMPANYS LOGO HEREKEY FACTS ABOUT AAI RULE (contd) EPA does not require user to provide information to EP, but it is the EP who bears responsibility for developing opinions and documenting findings EPs report should: document what was/was not provideddocument what was/was not provided identify any of the 10 AAI steps that were identify any of the 10 AAI steps that were not addressed in the inquirynot addressed in the inquiryYOUR COMPANYS LOGO HEREKEY FACTS ABOUT AAI RULE (contd) The AAI rule assigns The AAI rule assigns 1-year shelf life1-year shelf life from the date of purchase for Phase I from the date of purchase for Phase I reports, with 180-day life for certain reports, with 180-day life for certain components.components. “Environmental professionals” have new “Environmental professionals” have new qualifications to meet in terms of qualifications to meet in terms of licenses, education and relevant licenses, education and relevant experience.experience. The rule is generating a great deal of The rule is generating a great deal of uncertainty = opportunity for uncertainty = opportunity for consultants to educate clients!consultants to educate clients!YOUR COMPANYS LOGO HEREAAI-Compliant Scope of Work: Whats Really Changing?YOUR COMPANYS LOGO HEREE 1527: AAI-RELATED REVISIONSSeven key areas of revision:1.1.Scope Scope 2.2.New Emphasis on AULsNew Emphasis on AULs3.3.User Responsibilities User Responsibilities 4.4.Professional QualificationsProfessional Qualifications5.5.Core Phase I Action Items Core Phase I Action Items 6.6.Evaluation/Report PreparationEvaluation/Report Preparation7.7.Phase I Shelf LifePhase I Shelf LifeYOUR COMPANYS LOGO HERE1. SCOPE Purpose (Section 1.1) revised to:Purpose (Section 1.1) revised to: ADDADD new liability protections new liability protections “ “this practice is intended to permit a user to satisfy one this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent of the requirements to qualify for the innocent landowner, landowner, contiguous property owner, or bona fide contiguous property owner, or bona fide prospective purchaserprospective purchaser limitations on CERCLA limitations on CERCLA liability”liability” DELETEDELETE references to Practice E 1528: references to Practice E 1528: no longer qualifies property owner for CERCLA liability no longer qualifies property owner for CERCLA liability protection under 2002 Brownfields Lawprotection under 2002 Brownfields LawYOUR COMPANYS LOGO HERE1. SCOPE: RECs (contd) ASTMs REC definition remains unchanged:ASTMs REC definition remains unchanged:“the presence or likely presence of any “the presence or likely presence of any hazardous substances or petroleum hazardous substances or petroleum products” products” versusversus AAIs scope:AAIs scope:“to identify conditions indicative of releases to identify conditions indicative of releases or threatened releasesof hazardous or threatened releasesof hazardous substances, as defined in CERCLA Section substances, as defined in CERCLA Section 101(14) (101(14) ( 312.1(c).” 312.1(c).”YOUR COMPANYS LOGO HERE1. SCOPE: POLLUTANTS New language on “controlled substances” If client is EPA brownfields grantee, EP must include controlled substances “ “to the extent directed in the terms and to the extent directed in the terms and conditions of the specific grant or conditions of the specific grant or cooperative agreementcooperative agreement” (Section 1.1).” (Section 1.1). Otherwise, outside scope of E 1527, unless client specifically requests itYOUR COMPANYS LOGO HERE2. EMPHASIS ON AULs Activity and Use Limitations (AULs): Include engineering and institutional Include engineering and institutional controls controls Used on sites with residual contaminationUsed on sites with residual contamination Have new relevance under Brownfields Have new relevance under Brownfields Law as component of “continuing Law as component of “continuing obligations”obligations” Significant efforts are underway to ensure Significant efforts are underway to ensure enforcement over timeenforcement over timeYOUR COMPANYS LOGO HERE2. EMPHASIS ON AULs (contd) ASTM added new Section 5 on AULs: Defines need for landowner Defines need for landowner compliancecompliance Addresses variability of finding AULsAddresses variability of finding AULs Distribution of responsibility:Distribution of responsibility:1.1.Land title records (user responsibility)Land title records (user responsibility)2.2.State IC/EC registries (EP State IC/EC registries (EP responsibility)responsibility)YOUR COMPANYS LOGO HERE3. USER RESPONSIBILITIESn nUnder AAI, greater onus on “user” to perform certain Under AAI, greater onus on “user” to perform certain components of inquiry:components of inquiry:1.1.Search for environmental cleanup liensSearch for environmental cleanup liens2.2.Consider relationship of the purchase price to the fair market Consider relationship of the purchase price to the fair market value of property, if not contaminatedvalue of property, if not contaminated3.3.Consider specialized knowledge or experience on the part of Consider specialized knowledge or experience on the part of the purchaserthe purchaser4.4.Consider commonly known or reasonably ascertainable Consider commonly known or reasonably ascertainable information about the property (shared with EP)information about the property (shared with EP)5.5.Consider degree of obviousness of contamination (shared Consider degree of obviousness of contamination (shared with EP)with EP)YOUR COMPANYS LOGO HERE3. USER RESPONSIBILITY: Environmental Cleanup Liens Liens are “a charge, security or encumbrance Liens are “a charge, security or encumbrance upon title to a property to secure the payment of upon title to a property to secure the payment of a cost, damage, debt, obligation or duty arising a cost, damage, debt, obligation or duty arising out of response actions, cleanup, or other out of response actions, cleanup, or other remediation of hazardous substances or remediation of hazardous substances or petroleum products”petroleum products” AAI and E 1527-05 require the user to search for AAI and E 1527-05 require the user to search for liens in: liens in: Land title recordsLand title records Lien records filed under federal, tribal, state or local Lien records filed under federal, tribal, state or local law, including judicial recordslaw, including judicial recordsYOUR COMPANYS LOGO HERE3. USER RESPONSIBILITY: Purchase Price User must consider purchase price relative to fair market value if not affected by hazardous substances or petroleum products AAI rule emphasizes that appraisal is not required for fair market value estimate Designed as “red flag” indicator of potential environmental concernYOUR COMPANYS LOGO HERE3. USER RESPONSIBILITY: Specialized Knowledge Addresses whether purchaser has any personal knowledge or experience with relevance to site condition If: Purchaser is in same line of business as Purchaser is in same line of business as operations at target property and may know of operations at target property and may know of chemicals or other substances in use therechemicals or other substances in use there Or owns property next door alreadyOr owns property next door alreadyYOUR COMPANYS LOGO HERE3. USER RESPONSIBILITIES Failure of “user” to meet responsibilities could result in forfeiture of CERCLA protection Critical that consultants alert clients of responsibilities Add documentation to Phase I reports NEW Appendix X3: User Questionnaire (E 1527-05)YOUR COMPANYS LOGO HERE4. PROFESSIONAL QUALIFICATIONSDefinition of “environmental professional” revised- from ASTMs traditional: “ “a person possessing sufficient training and a person possessing sufficient training and experience necessary to conduct site experience necessary to conduct site reconnaissance, interviews and other activities in reconnaissance, interviews and other activities in accordance with this practice”accordance with this practice” - to incorporation of EPAs:“a person meeting the education, training and “a person meeting the education, training and experience requirements as set forth in experience requirements as set forth in the AAI rule.”the AAI rule.”YOUR COMPANYS LOGO HERE4. PROFESSIONAL QUALIFICATIONSUnder AAI and E 1527-05, qualified EPs have: 1.PE or PG license AND 3 years of relevant PE or PG license AND 3 years of relevant experience; experience; 2.License or certification by government agency License or certification by government agency AND 3 years of relevant experience;AND 3 years of relevant experience; 3.Baccalaureate (or higher) degree in Baccalaureate (or higher) degree in engineering or science AND 5 years of engineering or science AND 5 years of relevant experience; or relevant experience; or 4.10 years of relevant experience.10 years of relevant experience.YOUR COMPANYS LOGO HERE4. PROFESSIONAL QUALIFICATIONS “Relevant experience” includes: ESAs, other investigations and ESAs, other investigations and remediation remediation understanding of surface and understanding of surface and subsurface environmental conditionssubsurface environmental conditions proven experience using professional proven experience using professional judgment to develop opinions regarding judgment to develop opinions regarding releases or threatened releases of releases or threatened releases of hazardous substanceshazardous substancesYOUR COMPANYS LOGO HERE4. PROFESSIONAL QUALIFICATIONS Who does what?Who does what? E 1527-05 mirrors EPAs languageE 1527-05 mirrors EPAs language Junior staff can participate if “Junior staff can participate if “under supervision under supervision or responsible chargeor responsible charge” of qualified EP” of qualified EP At least one qualified EP must:At least one qualified EP must: Review and interpret information Review and interpret information Sign off on report, declaring that federal rule Sign off on report, declaring that federal rule was followedwas followedYOUR COMPANYS LOGO HERE5. CORE PHASE I ACTION ITEMS:a) RECORDS REVIEW Four categories of AAI-driven revisions to E 1527:Four categories of AAI-driven revisions to E 1527: 1.1.Revisions to certain standard federal sourcesRevisions to certain standard federal sources2.2.Addition of engineering controls, institutional Addition of engineering controls, institutional controls searchcontrols search3.3.Addition of mandatory tribal government records Addition of mandatory tribal government records searchsearch4.4.Addition of mandatory local government records Addition of mandatory local government records searchsearchYOUR COMPANYS LOGO HEREa) RECORDS REVIEW: Federal1.1.Specific AAI-related revisions to federal Specific AAI-related revisions to federal sources:sources: NEW - Delisted NPL site list ( mile)NEW - Delisted NPL site list ( mile) Federal CERCLIS NFRAP site list Federal CERCLIS NFRAP site list modified from:modified from: property/adjoining property/adjoining To To -mile search radius-mile search radiusYOUR COMPANYS LOGO HEREa) RECORDS REVIEW: ICs/ECs2.2. Institutional and engineering controls: EPA originally proposed: ICs/ECs to mile EPA originally proposed: ICs/ECs to mile radiusradius EPA revisions in final AAI rule:EPA revisions in final AAI rule: ICs target property onlyICs target property only ECs mile radiusECs mile radius HOWEVER: EPAs AAI preamble states that:HOWEVER: EPAs AAI preamble states that: “The final rule requires thatICs/ECs be searched “The final rule requires thatICs/ECs be searched only for information on such controls at the subject only for information on such controls at the subject property.”property.” ASTM E 1527-05: ASTM E 1527-05: Federal IC/EC registriesproperty onlyFederal IC/EC registriesproperty only State/tribal IC/EC registriesproperty only State/tribal IC/EC registriesproperty only YOUR COMPANYS LOGO HEREa) RECORDS REVIEW: Tribal3. E 1527-05 expands search to: State State and tribaland tribal equivalent NPL equivalent NPL State State and tribaland tribal equivalent CERCLIS equivalent CERCLIS State State and tribaland tribal landfill and/or solid waste disposal landfill and/or solid waste disposal site listssite lists State State and tribaland tribal leaking storage tank lists (above- and leaking storage tank lists (above- and underground)underground) State State and tribaland tribal registered storage tank lists (above- registered storage tank lists (above- and underground)and underground) State State and tribaland tribal voluntary cleanup sites voluntary cleanup sites State State and tribaland tribal brownfield sites brownfield sitesYOUR COMPANYS LOGO HEREa) RECORDS REVIEW - Tribal EPAs preamble states that tribal records need only be searched and reviewed in instances where subject property is located on or near tribal-owned lands If not available, necessary information should be sought from other sources (e.g., interviews)YOUR COMPANYS LOGO HEREa) RECORDS REVIEW - Local4.4.Local government records now Local government records now 5.5. mandatory under E 1527-05 mandatory under E 1527-056.6.From: From: “ “One or more additional state sources or local sources of One or more additional state sources or local sources of environmental records environmental records may be checkedmay be checked” ” To:To:“local records and/or additional state or tribal records local records and/or additional state or tribal records shall be checkedshall be checked” ” YOUR COMPANYS LOGO HEREa) RECORDS REVIEW EP professional judgment still drives decisions about sources to include: (1) Is it reasonably ascertainable? (2) Might it be useful? (3) What is customary practice with peers?YOUR COMPANYS LOGO HERE5. CORE PHASE I ACTION ITEMS: b) HISTORICAL USE INFORMATIONAAI Rule: AAI Rule: Very basic requirements Very basic requirements Environmental professional Environmental professional determines:determines: Research timeframeResearch timeframe Data sources usedData sources used Search intervalsSearch intervals Effect of data gaps on findingsEffect of data gaps on findingsYOUR COMPANYS LOGO HEREb) HISTORICAL USE INFORMATION Research timeframe: Research timeframe: AAI:AAI: “from the time the property was first used “from the time the property was first used for residential, agricultural, commercial, for residential, agricultural, commercial, industrial, or governmental purposes.”industrial, or governmental purposes.” ASTM:ASTM: “All obvious uses of the property shall be “All obvious uses of the property shall be identified from the present, back to identified from the present, back to propertys first developed use, or back to propertys first developed use, or back to 1940, whichever is earlier.” 1940, whichever is earlier.” YOUR COMPANYS LOGO HEREb) HISTORICAL USE INFORMATION Search intervals ASTM: No change to five year intervals Review at less than five year intervals not required under E 1527-05YOUR COMPANYS LOGO HEREb) HISTORICAL USE INFORMATION Minor revisions to standard historical sources “Other historical sources” broadened to include: internet sites, internet sites, community organizations, community organizations, local libraries and historical societies, andlocal libraries and historical societies, and current owners/occupants of neighboring current owners/occupants of neighboring propertiespropertiesYOUR COMPANYS LOGO HEREb) HISTORICAL USE INFORMATION How much research is sufficient? EP should use as many standard historical EP should use as many standard historical sources as are:sources as are: reasonably ascertainable,reasonably ascertainable, and and likely to provide likely to provide usefuluseful information to identify information to identify prior uses of the property.prior uses of the property. “Data failure” exists if these two criteria are “Data failure” exists if these two criteria are not met for a given source.not met for a given source.YOUR COMPANYS LOGO HEREb) HISTORICAL USE INFORMATION Past ASTM E 1527-00: Report must Report must document data failure, and document data failure, and give reasons sources were excluded.give reasons sources were excluded. New ASTM E 1527-05 adds new considerations: Does data failure significantly affect ability to Does data failure significantly affect ability to identify identify RECsRECs? ? If so, EP must meet new AAI requirements for If so, EP must meet new AAI requirements for addressing “data gaps” (to be covered in later addressing “data gaps” (to be covered in later section)section)YOUR COMPANYS LOGO HERE5. CORE PHASE I ACTION ITEMS: c) SITE RECONNAISSANCE AAI: EPAs preamble strongly recommends that EPAs preamble strongly recommends that site visit be conducted only by qualified EPssite visit be conducted only by qualified EPs BUT it is not a requirement in the ruleBUT it is not a requirement in the rule ASTM E 1527: Always required EP to do site visit and Always required EP to do site visit and interviewsinterviews BUT EP definition tightened under AAIBUT EP definition tightened under AAIYOUR COMPANYS LOGO HEREc) SITE RECONNAISSANCE Revisions to E 1527s site reconnaissance Revisions to E 1527s site reconnaissance language:language:From From “.the “.the EPEP shall visually and physically shall visually and physically observeobserve the property” the property”To To “.“.the the propertyproperty shall shall bebe visually and visually and physically physically observedobserved” ” by by “a person with “a person with sufficient training and experience sufficient training and experience necessary”necessary”YOUR COMPANYS LOGO HEREc) SITE RECONNAISSANCEn nObservation of adjoining propertiesObservation of adjoining propertiesEPA required ASTM E 1527modification from:EPA required ASTM E 1527modification from:“To the extent that current uses of “To the extent that current uses of adjoining properties are visually and/or adjoining properties are visually and/or physically physically observedobserved”To: To: “ “To the extent that current uses of To the extent that current uses of adjoining properties are visually and/or adjoining properties are visually and/or physically physically observableobservable”YOUR COMPANYS LOGO HERE5. CORE PHASE I ACTION ITEMS d) INTERVIEWS NEW AAI requirement to interview past owners, operators, occupants E 1527-05: EP must interview EP must interview pastpast owners, operators and owners, operators and occupants likely to have material information occupants likely to have material information about the property only if: about the property only if: 1.1.They have been identified, andThey have been identified, and2.2.Information likely to be obtained is not Information likely to be obtained is not duplicative of information from other sources.duplicative of information from other sources.YOUR COMPANYS LOGO HEREd) INTERVIEWS Interviewing neighbors: Under AAI, discretionary except in special cases involving abandoned properties ASTM compelled to mirror AAI language in E 1527-05YOUR COMPANYS LOGO HEREd) INTERVIEWSAbandoned: “Property that can be presumed to be deserted, or an intent to relinquish possession can be inferred from the general disrepair or lack of activity thereon” IFAND“Evidence of unauthorized uses or uncontrolled access to the property”One or more (as necessary) interviews with neighboring property owners or occupants must be conducted. THENYOUR COMPANYS LOGO HEREd) INTERVIEWS What if you have a confidentiality agreement What if you have a confidentiality agreement with your client?with your client? ASTM treats as user-imposed limitationASTM treats as user-imposed limitation REVISED Section 12.10:REVISED Section 12.10: n n“All deletions and deviations from this practice “All deletions and deviations from this practice shall be listed individually and in detail, shall be listed individually and in detail, including including client-imposed constraintsclient-imposed constraints, and all additions , and all additions should be listed.”should be listed.”YOUR COMPANYS LOGO HEREd) INTERVIEWS Adds interviews with state officials: Adds interviews with state officials: “The objective of interviews with “The objective of interviews with state and/orstate and/or local local government officials is to obtain information government officials is to obtain information indicating indicating RECsRECs in connection with the property in connection with the property” To standard types of agencies, ASTM is To standard types of agencies, ASTM is adding:adding: “local agencies responsible for issuance of “local agencies responsible for issuance of building permits or groundwater use permits that building permits or groundwater use permits that document the presence of AULs”document the presence of AULs”YOUR COMPANYS LOGO HERE6. EVALUATION/REPORT PREPARATION Under AAI, report must include:1.1.Staff qualifications:- -Qualifications of Qualifications of EP(sEP(s) and ) and person(sperson(s) ) who conducted site reconnaissance who conducted site reconnaissance and interviewsand interviews- -Declaration language from AAI rule:Declaration language from AAI rule:- -I/We declare that I/we meet definition of I/We declare that I/we meet definition of EP and EP and - -I/We developed and performed the AAI in I/We developed and performed the AAI in conformance with the federal rule.conformance with the federal rule.YOUR COMPANYS LOGO HEREREPORT-DATA GAPS 2. Documentation of data gaps, defined in AAI 2. Documentation of data gaps, defined in AAI as:as: “a lack of or inability to obtain information “a lack of or inability to obtain information required by the standards and practices listed required by the standards and practices listed in the regulation despite good faith efforts by in the regulation despite good faith efforts by the EP or prospective landowner to gather the EP or prospective landowner to gather such information.”such information.”EPs report must:EPs report must:1. Identify data gaps and document attempts to 1. Identify data gaps and document attempts to fill themfill them2. Comment on their 2. Comment on their significancesignificance, whether gaps , whether gaps affect overall findings affect overall findings YOUR COMPANYS LOGO HEREREPORT DATA GAPS (contd) - -Data gap in and of itself is not Data gap in and of itself is not “significant”“significant”- -Relies on EPs professional judgmentRelies on EPs professional judgmentExamples: Examples: 1.1.If propertys use is not identified back to If propertys use is not identified back to 1940, but earliest source shows property 1940, but earliest source shows property was undeveloped: was undeveloped: 2.2.NOT SIGNIFICANTNOT SIGNIFICANT2.2.If building on-site is inaccessible and EPs If building on-site is inaccessible and EPs experience indicates that such a building experience indicates that such a building often involves activity that leads to a often involves activity that leads to a REC: REC: SIGNIFICANT SIGNIFICANT YOUR COMPANYS LOGO HEREREPORT-OPINION3.3.Opinions Opinions Mandatory:Mandatory: whether inquiry has identified whether inquiry has identified conditions indicative of releases or conditions indicative of releases or threatened releases of hazardous threatened releases of hazardous substancessubstancesOptional:Optional: Section 312.31 of AAI requires EP to Section 312.31 of AAI requires EP to consider “degree of obviousness of consider “degree of obviousness of contamination” and provide an contamination” and provide an opinion regarding “additional opinion regarding “additional appropriate investigation, if any.” appropriate investigation, if any.” YOUR COMPANYS LOGO HERE Under E 1527-00, providing a Under E 1527-00, providing a recommendation for additional recommendation for additional investigation is not a required componentinvestigation is not a required component E 1527-05 attempts to clarify AAI E 1527-05 attempts to clarify AAI requirementrequirement Only requires opinion re: additional Only requires opinion re: additional investigation in “unusual circumstance” investigation in “unusual circumstance” when additional certainty is requiredwhen additional certainty is required If so:If so: “Phase I is not incomplete” and “Phase I is not incomplete” and “is not intended to constitute “is not intended to constitute requirement that EP include any requirement that EP include any recommendations for Phase II or other recommendations for Phase II or other assessment activities.”assessment activities.”REPORT Opinion on Additional InvestigationYOUR COMPANYS LOGO HERE 7. PHASE I SHELF LIFE How long is Phase I valid?How long is Phase I valid? Clock starts on date of acquisitionClock starts on date of acquisition 180 days prior: report valid 180 days prior: report valid 1 year priorconduct or update these 1 year priorconduct or update these components to within 180 days:components to within 180 days: Interviews Interviews Search for environmental cleanup Search for environmental cleanup liensliens Review of government records Review of government records Site visit Site visit Declaration/signature by EP Declaration/signature by EPYOUR COMPANYS LOGO HERE7. PHASE I UPDATES (contd) more than 1 year prior, every AAI step more than 1 year prior, every AAI step must be conducted or updated to reflect must be conducted or updated to reflect current conditions and property-current conditions and property-specific information specific information E 1527-00 being revised to DELETE section on using prior Phase Is in entirety (4.7.2) EPA seeking to decrease reliance on outdated informationYOUR COMPANYS LOGO HEREYour Firms RESPONSE TO AAI add bullets to alert staff to how firm is responding. E.g.,:add bullets to alert staff to how firm is responding. E.g.,: Formally designating staff as EPs under federal Formally designating staff as EPs under federal definitiondefinition Revised scope of work for AAI-compliant Phase IsRevised scope of work for AAI-compliant Phase Is New contract languageNew contract language Policy re: Phase I updates (ex: will we do updates of Policy re: Phase I updates (ex: will we do updates of Phase Is older than one year and certify as AAI Phase Is older than one year and certify as AAI compliant?)compliant?) Standard “data gaps” languageStandard “data gaps” language Interpretations of ambiguous AAI elements (e.g., Interpretations of ambiguous AAI elements (e.g., interviewing past owners, having site visit conducted interviewing past owners, having site visit conducted only by qualified EPs, etc.)only by qualified EPs, etc.)YOUR COMPANYS LOGO HEREYour firms AAI Strategy Educating clients insert bullets on company strategy for doing insert bullets on company strategy for doing so either through visits, newsletters, etc.so either through visits, newsletters, etc. Other elements (e.g., AAI pricing decisions, any new policies for having Ph Is reviewed, new marketing initiatives, internal training, how clients questions re: AAI are being addressed, internal company AAI policy distribution, etc.)