1、Designation: E 2247 02Standard Practice forEnvironmental Site Assessments: Phase I EnvironmentalSite Assessment Process for Forestland or Rural Property1This standard is issued under the fixed designation E 2247; the number immediately following the designation indicates the year oforiginal adoption
2、 or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. Asuperscript epsilon (e) indicates an editorial change since the last revision or reapproval.1. Scope1.1 PurposeThe purpose of this practice is to define goodcommercial and customa
3、ry practice in the United States ofAmerica for conducting a Phase I environmental site assess-ment2of a property 120 acres or greater of forestland or ruralproperty or with a developed use of only managed forestlandand/or agriculture with respect to the range of contaminantswithin the scope of the C
4、omprehensive Environmental Re-sponse, Compensation, and Liability Act (CERCLA) andpetroleum products. The property need not be adjoining;however, the separate areas should have substantially the samegeneral land use and be part of the same transaction. Theproperty may contain isolated areas of non-f
5、orestland andnon-rural property. As such, this practice is intended to permita user to satisfy one of the requirements to qualify for theinnocent landowner defense to CERCLA liability; that is, thepractices that constitute “all appropriate inquiry into theprevious ownership and uses of the property
6、consistent withgood commercial or customary practice” as defined in 42 USC 9601(35)(B). (SeeAppendix X1 for an outline of CERCLAsliability and defense provisions).1.1.1 Recognized Environmental ConditionsIn defining astandard of good commercial and customary practice forconducting an environmental s
7、ite assessment of a parcel ofproperty, the goal of the processes established by this practiceis to identify recognized environmental conditions. The termrecognized environmental conditions means the presence orlikely presence of any hazardous substances or petroleumproducts on a property under condi
8、tions that indicate anexisting release, a past release, or a material threat of a releaseof any hazardous substances or petroleum products intostructures on the property or into the ground, groundwater, orsurface water of the property. The term includes hazardoussubstances or petroleum products even
9、 under conditions incompliance with laws. The scope of the work in Section 12(Non-Scope Considerations) also applies to conditions thatwould affect the quality of water and threatened and endan-gered species on a property (as defined in the Clean Water Actand the Endangered Species Act specific to n
10、on-point sourceBMP deviations and the taking of threatened and endangeredspecies). The term is not intended to include de minimisconditions that generally do not present a material risk of harmto public health or the environment or that generally would notbe the subject of an enforcement action if b
11、rought to theattention of appropriate governmental agencies.1.1.2 Three Related PracticesThis practice is closelyrelated to Practices E 1527 and E 1528. Both E 1527 andE 1528 are environmental site assessments for commercial realestate (see 4.3). This practice also shares similar protocols withAppen
12、dix guidance documents X3 and X4: Phase I Environ-mental Site Assessment Guides for Clean Water Act Non-PointSource Considerations and Threatened and Endangered Spe-cies Considerations on Forestland or Rural Property.1.1.3 Petroleum ProductsPetroleum products are in-cluded within the scope of this p
13、ractice because they are ofconcern with respect to many parcels of forestland or ruralproperty and current custom and usage is to include an inquiryinto the presence of petroleum products when doing anenvironmental site assessment of forestland or rural property.Inclusion of petroleum products withi
14、n the scope of thispractice is not based upon the applicability, if any, of CERCLAto petroleum products. (See Appendix X1 for discussion ofpetroleum exclusion to CERCLA liability.)1.1.4 CERCLA Requirements Other Than AppropriateInquiryThis practice does not address whether requirementsin addition to
15、 appropriate inquiry have been met in order toqualify for CERCLAs innocent landowner defense (for ex-ample, the duties specified in 42 USC 9607(b)(3)(a) and (b)and cited in Appendix X1).1.1.5 Other Federal, State, and Local EnvironmentalLawsThis practice does not address requirements of anystate or
16、local laws or of any federal laws other than theappropriate inquiry provisions of CERCLAs innocent land-owner defense. Users are cautioned that federal, state, and locallaws may impose environmental assessment obligations thatare beyond the scope of this practice. Users should also be1This practice
17、is under the jurisdiction of ASTM Committee E50 on Environ-mental Assessment and is the direct responsibility of Subcommittee E50.02 on RealEstate Assessment and Management.Current edition approved Nov. 10, 2002. Published January 2003.2All definitions, descriptions of terms, and acronyms are define
18、d in Section 3.Whenever terms defined in 3.2 or described in 3.3 are used in this practice, they arein italics.1Copyright ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States.aware that there are likely to be other legal obligations withregard to ha
19、zardous substances or petroleum products discov-ered on a property that are not addressed in this practice andthat may pose risks of civil and/or criminal sanctions fornon-compliance.1.1.6 DocumentationThe scope of this practice includesresearch and reporting requirements that support the usersabili
20、ty to qualify for the innocent landowner defense. As such,sufficient documentation of all sources, records, and resourcesutilized in conducting the inquiry required by this practice mustbe provided in the written report (refer to 7.1.8 and 11.2).1.2 ObjectivesObjectives guiding the development of th
21、ispractice are (1) to synthesize and put in writing good commer-cial and customary practice for environmental site assessmentsfor forestland or rural property,(2) to facilitate high quality,standardized environmental site assessments,(3) to ensure thatthe standard of appropriate inquiry is practical
22、 and reasonable,and (4) to clarify an industry standard for appropriate inquiryin an effort to guide legal interpretation of CERCLAs innocentlandowner defense.1.3 Considerations Beyond ScopeThe use of this practiceis strictly limited to the scope set forth in this section. Section12 of this practice
23、 identifies, for informational purposes,certain environmental conditions (for example, threatened andendangered species and non-point source considerations) thatmay exist on a forestland or rural property that are beyond thescope of this practice but may warrant discussion between theenvironmental p
24、rofessional and the user about a forestland orrural property transaction.1.4 Organization of This PracticeThis practice has sev-eral parts and two appendixes. Section 1 concerns the Scope.Section 2 relates to Referenced Documents. Section 3, Termi-nology, contains definitions of terms not unique to
25、this practice,descriptions of terms unique to this practice, and acronyms.Section 4 describes the Significance and Use of this practice.Section 5 describes Users Responsibilities. Sections 6-11contain the main body of the Phase I Environmental SiteAssessment, including evaluation and report preparat
26、ion. Sec-tion 12 provides additional information regarding non-scopeconsiderations (see 1.3). The appendixes are included forinformation and are not part of the procedures prescribed inthis practice. Appendix X1 explains the liability and defenseprovisions of CERCLA that will assist the user in unde
27、rstand-ing the users responsibilities under CERCLA; it also containsother important information regarding CERCLA and thispractice. Appendix X2 provides a recommended table ofcontents and report format for a Phase I Environmental SiteAssessment Report. Guidance Documents X1 and X2 provideguidance to
28、address the evaluation of non-point source andthreatened and endangered species considerations, respec-tively.1.5 This standard does not purport to address all of thesafety concerns, if any, associated with its use. It is theresponsibility of the user of this standard to establish appro-priate safet
29、y and health practices and determine the applica-bility of regulatory limitations prior to use.1.6 This practice offers a set of instructions for performingone or more specific operations and should be supplemented byeducation, experience, and professional judgment. Not allaspects of this practice m
30、ay be applicable in all circumstances.This ASTM standard practice does not necessarily representthe standard of care by which the adequacy of a givenprofessional service must be judged, nor should this documentbe applied without consideration of a projects unique aspects.The word “standard” in the t
31、itle means only that the documenthas been approved through the ASTM consensus process.2. Referenced Documents2.1 ASTM Standards:3E 1527 Practice for Environmental Site Assessments: PhaseI Environmental Site Assessment ProcessE 1528 Practice for Environmental Site Assessments:Transaction Screen Proce
32、ss3. Terminology3.1 This section provides definitions, descriptions of terms,and a list of acronyms for many of the words used in thispractice. The terms are an integral part of this practice and arecritical to an understanding of the practice and its use.3.2 Definitions:3.2.1 apiarya place where be
33、es are kept; a collection ofhives or colony of bees.3.2.2 Best Management Practices (BMPs)minimum stan-dards necessary for protecting and maintaining a particularStates water quality, as well as certain wildlife habitat values,during forestry activities. (See Section 12, non-scope consid-erations.)3
34、.2.3 Comprehensive Environmental Response, Compensa-tion, and Liability Information System (CERCLIS)the list ofsites compiled by the United States Environmental ProtectionAgency (EPA) that EPA has investigated or is currentlyinvestigating for potential hazardous substance contaminationfor possible i
35、nclusion on the National Priorities List.3.2.4 construction debrisconcrete, brick, asphalt, andother such building materials discarded in the construction of abuilding or other improvement to property.3.2.5 contaminated public wellspublic wells used fordrinking water that have been designated by a g
36、overnmententity as contaminated by toxic substances (for example,chlorinated solvents), or as having water unsafe to drinkwithout treatment.3.2.6 CORRACTS listlist of hazardous waste treatment,storage, or disposal facilities and other RCRIS facilities (due topast interim status or storage of hazardo
37、us waste beyond 90days) who have been notified by the EPA to undertakecorrective action under the Resource Conservation and Recov-ery Act (RCRA).3.2.7 demolition debrisconcrete, brick, asphalt, and othersuch building materials discarded in the demolition of abuilding or other improvement to property
38、.3For referenced ASTM standards, visit the ASTM website, www.astm.org, orcontact ASTM Customer Service at serviceastm.org. For Annual Book of ASTMStandards volume information, refer to the standards Document Summary page onthe ASTM website.E22470223.2.8 druma container (typically, but not necessaril
39、y,holding 55 gal 208 L of liquid) that may be used to storehazardous substances or petroleum products.3.2.9 dry wellsunderground areas where soil has beenremoved and typically replaced with pea gravel, coarse sand, orlarge rocks. Dry wells are used for drainage, to control stormrunoff, for the colle
40、ction of spilled liquids (intentional andnon-intentional), and wastewater disposal.3.2.10 dwellingstructure or portion thereof used for resi-dential habitation.3.2.11 environmental liena charge, security, or encum-brance upon title to a property to secure the payment of a cost,damage, debt, obligati
41、on, or duty arising out of responseactions, cleanup, or other remediation of hazardous substancesor petroleum products upon a property, including, but notlimited to, liens imposed pursuant to CERCLA 42 USC 9607(1) and similar state or local laws.3.2.12 Emergency Response Notification System (ERNS)li
42、stEPAs list of reported CERCLA hazardous substancereleases or spills in quantities greater than the reportablequantity, as maintained at the National Response Center.Notification requirements for such releases or spills are codi-fied in 40 Code of Federal Regulations (CFR) Parts 302 and355.3.2.13 Fe
43、deral Register (FR)publication of the UnitedStates government published daily (except for federal holidaysand weekends) containing all proposed and final regulationsand some other activities of the federal government. Whenregulations become final, they are included in the CFR, as wellas published in
44、 the Federal Register.3.2.14 hazardous substancea substance defined as a haz-ardous substance pursuant to CERCLA42 USC 9601(14), asinterpreted by EPA regulations and the courts: “(A) anysubstance designated pursuant to section 1321(b)(2)(A) of Title33, (B) any element, compound, mixture, solution, o
45、r sub-stance designated pursuant to section 9602 of this title, (C) anyhazardous waste having the characteristics identified under orlisted pursuant to section 3001 of the Solid Waste Disposal Act(42 USC 6921) (but not including any waste the regulation ofwhich under the Solid Waste Disposal Act (42
46、 USC 6901 etseq.) has been suspended by Act of Congress), (D) any toxicpollutant listed under section 1317(a) of Title 33, (E) anyhazardous air pollutant listed under section 112 of the CleanAir Act (42 USC 7412), and (F) any imminently hazardouschemical substance or mixture with respect to which th
47、eAdministrator (of EPA) has taken action pursuant to section2606 of Title 15. The term does not include petroleum,including crude oil or any fraction thereof which is nototherwise specifically listed or designated as a hazardoussubstance under subparagraphs (A) through (F) of this para-graph, and th
48、e term does not include natural gas, natural gasliquids, liquefied natural gas, or synthetic gas usable for fuel(or mixtures of natural gas and such synthetic gas)” SeeAppendix X1.3.2.15 hazardous wasteany hazardous waste having thecharacteristics identified under or listed pursuant to section3001 o
49、f the Solid Waste DisposalAct (42 USC 6921) (but notincluding any waste the regulation of which under the SolidWaste Disposal Act (42 USC 6901 et seq.) has beensuspended by Act of Congress). The Solid Waste Disposal Actof 1980 amended RCRA. RCRA defines a hazardous waste,in42 USC 6903, as: “A solid waste, or combination of solidwastes, which because of its quantity, concentration, or physi-cal, chemical, or infectious characteristics may (A) cause, orsignificantly contribute to, an increase in mortality or anincrease in serious irre
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