1、Designation: E 1527 05Standard Practice forEnvironmental Site Assessments: Phase I EnvironmentalSite Assessment Process1This standard is issued under the fixed designation E 1527; the number immediately following the designation indicates the year oforiginal adoption or, in the case of revision, the
2、 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 customary practice in the United States
3、ofAmerica for conducting an environmental site assessment2of aparcel of commercial real estate with respect to the range ofcontaminants within the scope of Comprehensive Environmen-tal Response, Compensation and Liability Act (CERCLA) (42U.S.C. 9601) and petroleum products.As such, this practice isi
4、ntended to permit a user to satisfy one of the requirements toqualify for the innocent landowner, contiguous propertyowner,orbona fide prospective purchaser limitations onCERCLAliability (hereinafter, the “landowner liability protec-tions,” or “LLPs”): that is, the practice that constitutes “allappr
5、opriate inquiry into the previous ownership and uses ofthe property consistent with good commercial or customarypractice” as defined at 42 U.S.C. 9601(35)(B). (SeeAppendixX1 for an outline of CERCLAs liability and defense provi-sions.) Controlled substances are not included within the scopeof this s
6、tandard. Persons conducting an environmental siteassessment as part of an EPA Brownfields Assessment andCharacterization Grant awarded under CERCLA 42 U.S.C.9604(k)(2)(B) must include controlled substances as definedin the Controlled Substances Act (21 U.S.C. 802) within thescope of the assessment i
7、nvestigations to the extent directed inthe terms and conditions of the specific grant or cooperativeagreement. Additionally, an evaluation of business environ-mental risk associated with a parcel of commercial real estatemay necessitate investigation beyond that identified in thispractice (see Secti
8、ons 1.3 and 13).1.1.1 Recognized Environmental ConditionsIn defining astandard of good commercial and customary practice forconducting an environmental site assessment of a parcel ofproperty, the goal of the processes established by this practiceis to identify recognized environmental conditions. Th
9、e termrecognized environmental conditions means the presence orlikely presence of any hazardous substances or petroleumproducts on a property under conditions that indicate anexisting release, a past release, or a material threat of a releaseof any hazardous substances or petroleum products intostru
10、ctures on the property or into the ground, ground water, orsurface water of the property. The term includes hazardoussubstances or petroleum products even under conditions incompliance with laws. The term is not intended to include deminimis conditions that generally do not present a threat tohuman
11、health or the environment and that generally would notbe the subject of an enforcement action if brought to theattention of appropriate governmental agencies. Conditionsdetermined to be de minimis are not recognized environmentalconditions.1.1.2 Petroleum ProductsPetroleum products are in-cluded wit
12、hin the scope of this practice because they are ofconcern with respect to many parcels of commercial real estateand current custom and usage is to include an inquiry into thepresence of petroleum products when doing an environmentalsite assessment of commercial real estate. Inclusion of petro-leum p
13、roducts within the scope of this practice is not basedupon the applicability, if any, of CERCLA to petroleumproducts. (See X1.7 for discussion of petroleum exclusion toCERCLA liability.)1.1.3 CERCLA Requirements Other Than AppropriateInquiryThis practice does not address whether requirementsin addit
14、ion 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 X1,including the continuing obligation not to impede the integrityand effectiveness of activity and use limitations (AULs), or thedu
15、ty to take reasonable steps to prevent releases, or the duty tocomply with legally required release reporting obligations).1.1.4 Other Federal, State, and Local EnvironmentalLawsThis practice does not address requirements of anystate or local laws or of any federal laws other than the allappropriate
16、 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 there are likely to beother legal obligations with regard to hazardous substances or1T
17、his practice is under the jurisdiction of ASTM Committee E50 on Environ-mental Assessment and is the direct responsibility of Subcommittee E50.02 onCommercial Real Estate Transactions.Current edition approved Nov. 1, 2005. Published November 2005. Originallyapproved in 1993. Last previous edition ap
18、proved in 2000 as E 1527 00.2All 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 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States.p
19、etroleum products discovered on the property that are notaddressed in this practice and that may pose risks of civiland/or criminal sanctions for non-compliance.1.1.5 DocumentationThe scope of this practice includesresearch and reporting requirements that support the usersability to qualify for the
20、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 ObjectivesObjectives guiding the development of thispractice are (1) to synthesize and put
21、 in writing good commer-cial and customary practice for environmental site assessmentsfor commercial real estate, (2) to facilitate high quality,standardized environmental site assessments, (3) to ensure thatthe standard of all appropriate inquiry is practical and reason-able, and (4) to clarify an
22、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. Section13 of this practice identifies, for informational purposes,certain environment
23、al conditions (not an all-inclusive list) thatmay exist on a property that are beyond the scope of thispractice but may warrant consideration by parties to a com-mercial real estate transaction. The need to include an inves-tigation of any such conditions in the environmental profes-sionals scope of
24、 services should be evaluated based upon,among other factors, the nature of the property and the reasonsfor performing the assessment (for example, a more compre-hensive evaluation of business environmental risk) and shouldbe agreed upon between the user and environmental profes-sional as additional
25、 services beyond the scope of this practiceprior to initiation of the environmental site assessment process.1.4 Organization of This PracticeThis practice has thir-teen sections and four appendixes. Section 1 is the Scope.Section 2 is Referenced Documents. Section 3, Terminology,has definitions of t
26、erms not unique to this practice, descriptionsof terms unique to this practice, and acronyms. Section 4 isSignificance and Use of this practice. Section 5 providesdiscussion regarding activity and use limitations. Section 6describes Users Responsibilities. Sections 7-12 are the mainbody of the Phase
27、 I Environmental Site Assessment, includingevaluation and report preparation. Section 13 provides addi-tional information regarding non-scope considerations (see1.3). The appendixes are included for information and are notpart of the procedures prescribed in this practice. Appendix X1explains the li
28、ability and defense provisions of CERCLA thatwill assist the user in understanding the users responsibilitiesunder CERCLA; it also contains other important informationregarding CERCLA, the Brownfields Amendments, and thispractice. Appendix X2 provides the definition of the environ-mental professiona
29、l responsible for the Phase I EnvironmentalSite Assessment, as required in the “All Appropriate Inquiry”Final Rule (40 C.F.R. Part 312). Appendix X3 provides anoptional User Questionnaire to assist the user and the environ-mental professional in gathering information from the user thatmay be materia
30、l to identifying recognized environmental con-ditions. Appendix X4 provides a recommended table of con-tents and report format for a Phase I Environmental SiteAssessment.1.5 This standard does not purport to address all of thesafety concerns, if any, associated with its use. It is theresponsibility
31、of the user of this standard to establish appro-priate safety 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. This document cannot replaceeducation or experience
32、 and should be used in conjunctionwith professional judgment. Not all aspects of this practice maybe applicable in all circumstances. This ASTM standard is notintended to represent or replace the standard of care by whichthe adequacy of a given professional service must be judged,nor should this doc
33、ument be applied without consideration ofa projects many unique aspects. The word “Standard” in thetitle means only that the document has been approved throughthe ASTM consensus process.2. Referenced Documents2.1 ASTM Standards:3E 1528 Guide for Environmental Site Assessments: Trans-action Screen Pr
34、ocessE 2091 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
35、(“SARA”) and 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.Freedom of Information Act, 5 U.S.C. 552, as amended byPublic Law No. 104-
36、231, 110 Stat. 3048Resource Conservation and Recovery Act (sometimes 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 C.F.R. Part 312Chapter 1 EPA, Subchapter J-Superfund, Emergency Plan-ning, and
37、Community Right-To-Know Programs, 40C.F.R Parts 300-399National Oil and Hazardous Substances Pollution Contin-gency Plan, 40 C.F.R. Part 3002.4 Other Federal Agency Document:OSHA Hazard Communication Regulation, 29 C.F.R.1910.12003For referenced ASTM standards, visit the ASTM website, www.astm.org,
38、orcontact ASTM Customer Service at serviceastm.org. For Annual Book of ASTMStandards volume information, refer to the standards Document Summary page onthe ASTM website.E15270523. Terminology3.1 This section provides definitions, descriptions of terms,and a list of acronyms for many of the words use
39、d 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 abandoned propertyproperty that can be presumedto be deserted, or an intent to relinquish possession or controlcan be inferred from the general dis
40、repair or lack of activitythereon 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 limitationslegal or physical restric-tions or limitations on the use of, or access to, a site or facility:(
41、1) to reduce or eliminate potential exposure to hazardoussubstances or petroleum products in the soil or ground water onthe property,or(2) to prevent activities that could interferewith the effectiveness of a response action, in order to ensuremaintenance of a condition of no significant risk to pub
42、lichealth or the environment. These legal or physical restrictions,which may include institutional and/or engineering controls,are intended to prevent adverse impacts to individuals orpopulations that may be exposed to hazardous substances andpetroleum products in the soil or ground water on the pro
43、p-erty.43.2.3 actual 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 propertiest
44、he border of which 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 public thoroughfare separating them.3.2.5 aerial photographsphotographs taken from anaerial platform with su
45、fficient resolution to allow identificationof development and activities of areas encompassing theproperty. Aerial photographs are often available from govern-ment agencies or private collections unique to a local area. See8.3.4.1 of this practice.3.2.6 all appropriate inquirythat inquiry constituti
46、ng “allappropriate 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 commercial real estate transaction forone of threshold criteria for satisfying the LLPs to CE
47、RCLAliability (42 U.S.C 9601(35)(A) and 9607(r), assuming compliance with otherelements of the defense. See Appendix X1.3.2.7 approximate minimum search distancethe area forwhich records must be obtained and reviewed pursuant toSection 8 subject to the limitations provided in that section.This may i
48、nclude areas outside the property and shall bemeasured from the nearest property boundary. This term isused in lieu of radius to include irregularly shaped properties.3.2.8 bona fide prospective purchaser liability protection(42 U.S.C. 9607(r)a person may qualify as a bona fideprospective purchaser
49、if, among other requirements, suchperson made “all appropriate inquiries into the previousownership and uses of the facility in accordance with generallyaccepted good commercial and customary standards and prac-tices.” Knowledge of contamination resulting from all appro-priate inquiry would not generally preclude this liabilityprotection. A person must make all appropriate inquiry on orbefore the date of purchase. The facility must have beenpurchased after January 11, 2002. See Appendix X1 for theother necessary requirements that are beyond th
