1、Designation: E2247 08E2247 16Standard Practice forEnvironmental Site Assessments: Phase I EnvironmentalSite Assessment Process for Forestland or Rural Property1This standard is issued under the fixed designation E2247; the number immediately following the designation indicates the year oforiginal ad
2、option 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 provide an alternativ
3、e method to ASTM E1527 for good commercial andcustomary practice in the United States of America for conducting a Phase I environmental site assessmentEnvironmental SiteAssessment2 of a property 120 acres or greater of forestland or rural property or with a developed use of only with managedforestla
4、nd and/or agriculture with respect to the range of contaminants within the scope of the Comprehensive EnvironmentalResponse, Compensation, and Liability Act (CERCLA) and petroleum products. The property need not be contiguous; however,the non-contiguous areas should have substantially the same gener
5、al land use and be part of the same transaction. The propertymay contain isolated areas of non-forestland and non-rural property.As such, this practice is intended to permit a user to satisfyone of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospe
6、ctive purchaserlimitations on CERCLA liability (hereinafter, the “landowner liability protections,” or “LLPs”): that is, the practice that constitutes“all“all appropriate inquiryinquiries” into the previous ownership and uses of the property consistent with good commercial orcustomary practice” as d
7、efined at 42 U.S.C. 9601(35)(B). (See Appendix X1 for an outline of CERCLAs liability and defenseprovisions.) Controlled substances are not included within the scope of this standard. Persons conducting an environmental siteassessment as part of an EPA Brownfields Assessment and Characterization Gra
8、nt awarded under CERCLA 42 U.S.C.9604(k)(2)(B) must include controlled substances as defined in the Controlled Substances Act (21 U.S.C. 802) within the scopeof the assessment investigations to the extent directed in the terms and conditions of the specific grant or cooperative agreement.1.1.1 Stand
9、ard Practice SelectionThe methodology included in this practice is an effective and practical process for achievingthe objectives of a Phase I Environmental Site Assessment of forestland or rural property when some of the methodologies ofASTM E1527 are deemed to be impractical or unnecessary due to
10、the size or nature of the property. This practice is intended toprovide a more practical approach to assess rural and forestland properties that are generally uniform in use. A primaryconsideration in applying this practice instead of E1527 is the nature and extent of the property being assessed, as
11、 the typicalenvironmental concerns, sources for interviews and records, and the methodology used to perform the site reconnaissance maydiffer significantly. The property to be assessed using this standard practice need not be contiguous and may contain isolated areasof non-forestland and non-rural p
12、roperty.Site reconnaissance of isolated areas of the property that include activities outside thedefinition of forestland or rural property should be addressed using methodologies such as those provided in E1527-13, which maybe conducted and reported in conjunction with this practice, as discussed i
13、n section 4.5.3.1.1.2 Recognized Environmental ConditionsIn defining a standard of good commercial and customary practice for conductingan environmental site assessment of a parcel of property, the goal of the processes established by this practice is to identifyrecognized environmental conditions.
14、The term recognized environmental conditions means the presence or likely presence of anyhazardous substances or petroleum products on in, on, or at a property under conditions that indicate an existing release, a pastrelease, or a material threat of a release of any : hazardous substances(1) ordue
15、petroleum productsto any release intoto structureson the propertyenvironment or into the ground, groundwater, or surface water of the ; property.(2) The term includesunderconditions indicative hazardous substancesof a release to the environment; or petroleum products(3) even under conditions incompl
16、iance with laws. The term is not intended to include under conditions that pose a de minimismaterial threat conditions thatgenerally do not present a threat to human health or the environment or that generally would not be the subject of an enforcementofa future actionrelease if brought to the atten
17、tion of appropriate governmental agencies. Conditions determined to be to thedeenvironment.De minimis conditions are not recognized environmental conditions.1 This practice is under the jurisdiction of ASTM Committee E50 on Environmental Assessment, Risk Management and Corrective Action and is the d
18、irect responsibilityof Subcommittee E50.02 on Real Estate Assessment and Management.Current edition approved June 1, 2008Dec. 1, 2016. Published June 2008January 2017. Originally approved in 2002. Last previous edition approved in 20022008 asE2247 02.E2247 08. DOI: 10.1520/E2247-08.10.1520/E2247-16.
19、2 All 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.This document is not an ASTM standard and is intended only to provide the user of an ASTM standard an indication of what changes have been mad
20、e to the previous version. Becauseit may not be technically possible to adequately depict all changes accurately, ASTM recommends that users consult prior editions as appropriate. In all cases only the current versionof the standard as published by ASTM is to be considered the official document.Copy
21、right ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States11.1.3 Two Related Standard PracticesThis practice is closely related to Standard Practice E1527. Standard Practice E1527 isan environmental site assessment for commercial real estate (see 4.
22、3).1.1.4 Petroleum ProductsPetroleum products are included within the scope of this practice because they are of concern withrespect to many parcels of forestland or rural property and current custom and usage is to include an inquiry into the presence ofpetroleum products when doing an environmenta
23、l site assessment of forestland or rural property. Inclusion of petroleum productswithin the scope of this practice is not based upon the applicability, if any, of CERCLA to petroleum products. (See Appendix X1for discussion of petroleum exclusion to CERCLA liability.)1.1.5 CERCLA Requirements Other
24、 Than Appropriate InquiryInquiriesThis practice does not address whether requirementsin addition to all appropriate inquiryinquiries have been met in order to qualify for the LLPs (for example, the duties specifiedin 42 U.S.C. 9607(b)(3)(a) and (b) and cited in Appendix X1 including the continuing o
25、bligation not to impede the integrity andeffectiveness of activity and use limitations (AULs), or the duty to take reasonable steps to prevent releases, or the duty to complywith legally required release reporting obligations).1.1.6 Other Federal, State, and Local Environmental LawsThis practice doe
26、s not address requirements of any state or locallaws or of any federal laws other than the all appropriate inquiryinquiries provisions of the LLPs.Users are cautioned that federal,state, and local laws may impose environmental assessment obligations that are beyond the scope of this practice. Users
27、shouldalso be aware that there are likely to be other legal obligations with regard to hazardous substances or petroleum productsdiscovered on a property that are not addressed in this practice and that may pose risks of civil and/or criminal sanctions fornon-compliance.1.1.7 DocumentationThe scope
28、of this practice includes research and reporting requirements that support the users ability toqualify for the LLPs. As such, sufficient documentation of all sources, records, and resources utilized in conducting the inquiryrequired by this practice must be provided in the written report (refer to 8
29、.1.8 and 12.2).1.2 ObjectivesObjectives guiding the development of this practice are (1(1) ) to synthesize and put in writing goodcommercial and customary practice for environmental site assessments for forestland or rural property, (2(2) to facilitate highquality, standardized environmental site as
30、sessments, (3(3) to ensure that the standard of to provide a practical and reasonablestandard practice for all appropriate inquiryinquiries, is practical and reasonable, and (and 4(4) to clarify an industry standard forall appropriate inquiryinquiries in an effort to guide legal interpretation of th
31、e LLPs.1.3 Considerations Beyond ScopeThe use of this practice is strictly limited to the scope set forth in this section. Section 13of this practice identifies, for informational purposes, certain environmental conditions (for example, threatened and endangeredspecies and non-point source considera
32、tions) that may exist on a forestland or rural property that are beyond the scope of thispractice, but may warrant discussion between the environmental professional and the user about a forestland or rural propertytransaction. The need to include an investigation of any such conditions in the enviro
33、nmental professionals scope of servicesshould be evaluated based upon, among other factors, the nature of the property and the reasons for performing the assessmentand should be agreed upon between the user and environmental professional as additional services beyond the scope of this practiceprior
34、to initiation of the environmental site assessment process.1.4 Organization of This PracticeThis practice has 13 Sections and 65 appendixes. Section 1 concerns the Scope. Section 2relates to Referenced Documents. Section 3, Terminology, contains definitions of terms not unique to this practice, desc
35、riptionsof terms unique to this practice, and acronyms. Section 4 describes the Significance and Use of this practice. Section 5 providesdiscussion regarding activity and use limitations. Section 6 describes the Users Responsibilities. Sections 7 12 are the main bodyof the Phase I environmental site
36、 assessment,Environmental Site Assessment, including evaluation and report preparation. Section13 provides additional information regarding non-scope considerations (see 1.3). The appendixes are included for information andare not part of the procedures prescribed in this practice. Appendix X1 expla
37、ins the liability and defense provisions of CERCLAthat will assist the user in understanding the users responsibilities under CERCLA; it also contains other important informationregarding CERCLA, the Brownfields Amendments, and this practice. Appendix X2 provides the definition of the environmentalp
38、rofessional responsible for the Phase I environmental site assessment,Environmental Site Assessment, as required in the “AllAllAppropriate InquiryInquiries” Final Rule (40 CFR Part 312). Appendix X3 provides an optional User Questionnaire to assist theuser and the environmental professional in gathe
39、ring information from the user that may be material to identifying recognizedenvironmental conditions.Appendix X4 provides a recommended table of contents and report format for a Phase I environmentalsite assessment.Environmental Site Assessment.Appendix X5 Guidance Documents X5 and X6 provide guida
40、nce to address theevaluation of threatened and endangered species and Clean Water Act non-point source considerations, respectively.summarizesnon-scope considerations that persons may want to assess.1.5 The values stated in inch-pound units are to be regarded as standard. The values given in parenth
41、eses are mathematicalconversions to SI units that are provided for information only and are not considered standard.1.5 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibilityof the user of this standard to establish appropriate
42、 safety and health practices and determine the applicability of regulatorylimitations prior to use.1.6 This practice offers a set of instructions for performing one or more specific operations and should be supplemented byeducation, experience, and professional judgment. Not all aspects of this prac
43、tice may be applicable in all circumstances. ThisE2247 162ASTM standard practice does not necessarily represent the standard of care by which the adequacy of a given professional servicemust be judged, nor should this document be applied without consideration of a projects unique aspects. The word “
44、standard”in the title means only that the document has been approved through the ASTM consensus process.2. Referenced Documents2.1 ASTM Standards:3E1527 Practice for Environmental Site Assessments: Phase I Environmental Site Assessment ProcessE1528 Practice for Limited Environmental Due Diligence: T
45、ransaction Screen ProcessE2091 Guide for Use of Activity and Use Limitations, Including Institutional and Engineering ControlsE2600 Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions2.2 Federal Statutes:Comprehensive Environmental Response, Compensation, and Liab
46、ility Act of 1980 (“CERCLA” or “Superfund”), as amendedby Superfund Amendments and Reauthorization Act of 1986 (“SARA”) and Small Business Liability Relief and BrownfieldsRevitalization Act of 2002 (“Brownfields Amendments”), 42 U.S.C. 9601 et seq.Emergency Planning and Community Right-To-Know Act o
47、f 1986 (“EPCRA”), 42 U.S.C. 11001 et seq.Freedom of Information Act, 5 U.S.C. 552 as amended by Public Law No. 104-231, 110 Stat. 3048Resource Conservation and Recovery Act (sometimes also (also referred to as the Solid Waste Disposal Act), as amended(“RCRA”), 42 U.S.C 6901 et seq.2.3 USEPA Document
48、s:“All Appropriate Inquiry” Final Rule (40 CFR Part 312)Chapter 1 EPA, Subchapter JSuperfund, Emergency Planning, and Community Right-To-Know Programs, 40 CFR Parts300-399National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR Part 3002.4 Other Federal Agency Documents:OSHA Hazard C
49、ommunication Regulation, 29 CFR 1910.12003. Terminology3.1 This section provides definitions, descriptions of terms, and a list of acronyms for many of the words used in this practice.The terms are an integral part of this practice and are critical to an understanding of the practice and its use.3.2 Definitions:3.2.1 abandoned propertyproperty that can be presumed to be deserted, or an intent to relinquish possession or control canbe inferred from the general disrepair or lack of activity thereon such that a reasonable person could believe tha
