1、Designation: E 2247 08Standard 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 () indicates an editorial change since the last revision or reapproval.1. Scope1.1 PurposeThe purpose of this practice is to define goodcommercial and customar
3、y 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 Co
4、mprehensive Environmental Re-sponse, Compensation, and Liability Act (CERCLA) andpetroleum products. The property need not be contiguous;however, the non-contiguous areas should have substantiallythe same general land use and be part of the same transaction.The property may contain isolated areas of
5、 non-forestland andnon-rural property. As such, this practice is intended to permita user to satisfy one of the requirements to qualify for theinnocent landowner, contiguous property owner,orbona fideprospective purchaser limitations on CERCLA liability (here-inafter, the “landowner liability protec
6、tions,” or “LLPs”): thatis, the practice that constitutes “all appropriate inquiry into theprevious ownership and uses of the property consistent withgood commercial or customary practice” as defined at 42U.S.C. 9601(35)(B). (See Appendix X1 for an outline ofCERCLAs liability and defense provisions.
7、) Controlled sub-stances are not included within the scope of this standard.Persons conducting an environmental site assessment as part ofan EPA Brownfields Assessment and Characterization Grantawarded under CERCLA 42 U.S.C. 9604(k)(2)(B) mustinclude controlled substances as defined in the Controlle
8、dSubstances Act (21 U.S.C. 802) within the scope of theassessment investigations to the extent directed in the termsand conditions of the specific grant or cooperative agreement.1.1.1 Recognized Environmental ConditionsIn defining astandard of good commercial and customary practice forconducting an
9、environmental site 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 prope
10、rty under conditions 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 petroleu
11、m products even under conditions incompliance with laws. The term is not intended to include deminimis conditions that generally do not present a threat tohuman health or the environment or that generally would notbe the subject of an enforcement action if brought to theattention of appropriate gove
12、rnmental agencies. Conditionsdetermined to be de minimis are not recognized environmentalconditions.1.1.2 Two Related PracticesThis practice is closely re-lated to Practice E 1527. Practice E 1527 is an environmentalsite assessment for commercial real estate (see 4.3).1.1.3 Petroleum ProductsPetrole
13、um products are in-cluded within the scope of this practice 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
14、rural property.Inclusion of petroleum products within 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
15、 does not address whether requirementsin addition to all appropriate inquiry have been met in order toqualify for the LLPs (for example, the duties specified in 42U.S.C. 9607(b)(3)(a) and (b) and cited in Appendix X1including the continuing obligation not to impede the integrityand effectiveness of
16、activity and use limitations (AULs),orthe1This practice is under the jurisdiction of ASTM Committee E50 on Environ-mental Assessment, Risk Management and Corrective Action and is the directresponsibility of Subcommittee E50.02 on Real Estate Assessment and Manage-ment.Current edition approved June 1
17、, 2008. Published June 2008. Originallyapproved in 2002. Last previous edition approved in 2002 as E 2247 02.2All definitions, descriptions of terms, and acronyms are defined in Section 3.Whenever terms defined in 3.2 are used in this practice, they are in italics.1Copyright ASTM International, 100
18、Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States.duty to take reasonable steps to prevent releases, or the duty tocomply with legally required release reporting obligations).1.1.5 Other Federal, State, and Local EnvironmentalLawsThis practice does not address requireme
19、nts of anystate or local laws or of any federal laws other than the allappropriate inquiry provisions of the LLPs. Users are cau-tioned that federal, state, and local laws may impose environ-mental assessment obligations that are beyond the scope of thispractice. Users should also be aware that ther
20、e are likely to beother legal obligations with regard to hazardous substances orpetroleum products discovered on a property that are notaddressed in this practice and that may pose risks of civiland/or criminal sanctions for non-compliance.1.1.6 DocumentationThe scope of this practice includesresear
21、ch and reporting requirements that support the usersability to qualify for the LLPs. As such, sufficient documenta-tion of all sources, records, and resources utilized in conduct-ing the inquiry required by this practice must be provided in thewritten report (refer to 8.1.8 and 12.2).1.2 ObjectivesO
22、bjectives guiding the development of thispractice 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 stand
23、ard of all appropriate inquiry is practical and reason-able, and (4) to clarify an industry standard for all appropriateinquiry in an effort to guide legal interpretation of the LLPs.1.3 Considerations Beyond ScopeThe use of this practiceis strictly limited to the scope set forth in this section. Se
24、ction13 of this practice 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 be
25、tween theenvironmental professional and the user about a forestland orrural property transaction. The need to include an investigationof any such conditions in the environmental professionalsscope of services should be evaluated based upon, among otherfactors, the nature of the property and the reas
26、ons for perform-ing the assessment and should be agreed upon between the userand environmental professional as additional services beyondthe scope of this practice prior to initiation of the environmen-tal site assessment process.1.4 Organization of This PracticeThis practice has 13Sections and 6 ap
27、pendixes. Section 1 concerns the Scope.Section 2 relates to Referenced Documents. Section 3, Termi-nology, contains definitions of terms not unique to this practice,descriptions of terms unique to this practice, and acronyms.Section 4 describes the Significance and Use of this practice.Section 5 pro
28、vides discussion regarding activity and uselimitations. Section 6 describes the Users Responsibilities.Sections 7-12 are the main body of the Phase I environmentalsite assessment, including evaluation and report preparation.Section 13 provides additional information regarding non-scope consideration
29、s (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 understand-ing the users responsibilities under CERCLA; it also containsother importa
30、nt information regarding CERCLA, the Brown-fields Amendments, and this practice. Appendix X2 providesthe definition of the environmental professional responsible forthe Phase I environmental site assessment, as required in the“All Appropriate Inquiry” Final Rule (40 CFR Part 312).Appendix X3 provide
31、s an optional User Questionnaire to assistthe user and the environmental professional in gatheringinformation from the user that may be material to identifyingrecognized environmental conditions. Appendix X4 provides arecommended table of contents and report format for a PhaseI environmental site as
32、sessment. Guidance Documents X5 andX6 provide guidance to address the evaluation of threatenedand endangered species and Clean Water Act non-point sourceconsiderations, respectively.1.5 The values stated in inch-pound units are to be regardedas standard. The values given in parentheses are mathemati
33、calconversions to SI units that are provided for information onlyand are not considered standard.1.6 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 safety and health
34、practices and determine the applica-bility of regulatory limitations prior to use.1.7 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 may be applica
35、ble 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 title means on
36、ly 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 Limited Environmental Due Diligence:Transaction Screen ProcessE 2091
37、 Guide for Use of Activity and Use Limitations,Including Institutional and Engineering Controls2.2 Federal Statutes:Comprehensive Environmental Response, Compensation,and Liability Act of 1980 (“CERCLA” or “Superfun-d”), as amended by Superfund Amendments and Reau-thorization Act of 1986 (“SARA”) an
38、d Small BusinessLiability Relief and Brownfields Revitalization Act of2002 (“Brownfields Amendments”), 42 U.S.C. 9601 etseq.Emergency Planning and Community Right-To-KnowAct of1986 (“EPCRA”), 42 U.S.C. 11001 et seq.3For referenced ASTM standards, visit the ASTM website, www.astm.org, orcontact ASTM
39、Customer Service at serviceastm.org. For Annual Book of ASTMStandards volume information, refer to the standards Document Summary page onthe ASTM website.E2247082Freedom of Information Act, 5 U.S.C. 552 as amended byPublic Law No. 104-231, 110 Stat. 3048Resource Conservation and Recovery Act (someti
40、mes alsoreferred to as the Solid Waste Disposal Act), as amended(“RCRA”), 42 U.S.C 6901 et seq.2.3 USEPA Documents:“All Appropriate Inquiry” Final Rule (40 CFR Part 312)Chapter 1 EPA, Subchapter JSuperfund, Emergency Plan-ning, and Community Right-To-Know Programs, 40 CFRParts 300-399National Oil an
41、d Hazardous Substances Pollution Contin-gency Plan, 40 CFR Part 3002.4 Other Federal Agency Documents:OSHA Hazard Communication Regulation, 29 CFR1910.12003. Terminology3.1 This section provides definitions, descriptions of terms,and a list of acronyms for many of the words used in thispractice. The
42、 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 abandoned propertyproperty that can be presumedto be deserted, or an intent to relinquish possession or controlcan be inferred from the general disrepair or lack of acti
43、vitythereon such that a reasonable person could believe that therewas an intent on the part of the current owner to surrenderrights to the property.3.2.2 activity and use limitations (AULs)legal or physicalrestrictions or limitations on the use of, or access to, a site orfacility: (1) to reduce or e
44、liminate potential exposure tohazardous substances or petroleum products in the soil orground water on the property,or(2) to prevent activities thatcould interfere with the effectiveness of a response action, inorder to ensure maintenance of a condition of no significantrisk to public health or the
45、environment. These legal orphysical restrictions, which may include institutional and/orengineering controls, are intended to prevent adverse impactsto individuals or populations that may be exposed to hazardoussubstances and petroleum products in the soil or ground wateron the property.43.2.3 actua
46、l knowledgethe knowledge actually possessedby an individual who is a real person, rather than an entity.Actual knowledge is to be distinguished from constructiveknowledge; that is, knowledge imputed to an individual orentity.3.2.4 adjoining propertiesany real property or propertiesthe border of whic
47、h is contiguous or partially contiguous withthat of the property, or that would be contiguous or partiallycontiguous with that of the property but for a street, road, orother thoroughfare separating them.3.2.5 aerial photographsphotographs taken from an air-plane or helicopter (from a low enough alt
48、itude to allowidentification of development and activities) of areas encom-passing the property. Aerial photographs are often availablefrom government agencies or private collections unique to alocal area. See 8.3.4.1 of this practice.3.2.6 all appropriate inquirythat inquiry constituting “allapprop
49、riate inquiry into the previous ownership and uses ofthe property consistent with good commercial or customarypractice” as defined in CERCLA, 42 U.S.C. 9601(35)(B), thatwill qualify a party to a forestland or rural property transactionfor one of the threshold criteria for satisfying the LLPs toCERCLA liability (42 U.S.C. 9601(A) and (B) and9607(b)(3), 9607(q); and 9607(r), assuming compliancewith other elements of the defense. See Appendix X1.3.2.7 apiarya place where bees are kept; a collection ofhives or colony of bees.3.2.8 approximate mini
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