ASTM E1527-05
(Practice)Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
SCOPE
1.1 PurposeThe purpose of this practice is to define good commercial and customary practice in the United States of America for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601) and petroleum products. As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the "landowner liability protections," or "LLPs"): that is, the practice that constitutes "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined at 42 U.S.C. 9601(35)(B). (See for an outline of CERCLA's liability and defense provisions.) Controlled substances are not included within the scope of this standard. Persons conducting an environmental site assessment as part of an EPA Brownfields Assessment and Characterization Grant 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 scope of the assessment investigations to the extent directed in the terms and conditions of the specific grant or cooperative agreement. Additionally, an evaluation of business environmental risk associated with a parcel of commercial real estate may necessitate investigation beyond that identified in this practice (see Sections 1.3 and 13).
1.1.1 Recognized Environmental ConditionsIn defining a standard of good commercial and customary practice for conducting an environmental site assessment of a parcel of property, the goal of the processes established by this practice is to identify recognized environmental conditions. The term recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis are not recognized environmental conditions.
1.1.2 Petroleum ProductsPetroleum products are included within the scope of this practice because they are of concern with respect to many parcels of commercial real estate and current custom and usage is to include an inquiry into the presence of petroleum products when doing an environmental site assessment of commercial real estate. Inclusion of petroleum products within the scope of this practice is not based upon the applicability, if any, of CERCLA to petroleum products. (See X1.7 for discussion of petroleum exclusion to CERCLA liability.)
1.1.3 CERCLA Requirements Other Than Appropriate InquiryThis practice does not address whether requirements in addition to all appropriate inquiry have been met in order to qualify for the LLPs (for example, the duties specified in 42 U.S.C. 9607(b)(3)(a) and (b) and cited in Appendix X1, including the continuing obligation not to impede the integrity and effectiveness of activity and use limitations (AULs), or the duty to take reasonable steps to prevent releases, or the duty to comply with legally required release reporting obligations).
1.1.4 Other Federal, State, and Local Environmental LawsThis practice does not address requirem...
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Designation: E1527 − 05
StandardPractice for
Environmental Site Assessments: Phase I Environmental
1
Site Assessment Process
This standard is issued under the fixed designation E1527; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.
1. Scope is to identify recognized environmental conditions. The term
recognized environmental conditions means the presence or
1.1 Purpose—The purpose of this practice is to define good
likely presence of any hazardous substances or petroleum
commercial and customary practice in the United States of
2
products on a property under conditions that indicate an
America for conducting an environmental site assessment of a
existing release, a past release, or a material threat of a release
parcel of commercial real estate with respect to the range of
of any hazardous substances or petroleum products into
contaminantswithinthescopeofComprehensiveEnvironmen-
structures on the property or into the ground, ground water, or
tal Response, Compensation and Liability Act (CERCLA) (42
surface water of the property. The term includes hazardous
U.S.C.§9601)and petroleum products.Assuch,thispracticeis
substances or petroleum products even under conditions in
intended to permit a user to satisfy one of the requirements to
compliance with laws. The term is not intended to include de
qualify for the innocent landowner, contiguous property
minimis conditions that generally do not present a threat to
owner,or bona fide prospective purchaser limitations on
human health or the environment and that generally would not
CERCLA liability (hereinafter, the “landowner liability
be the subject of an enforcement action if brought to the
protections,” or “LLPs”): that is, the practice that constitutes
attention of appropriate governmental agencies. Conditions
“all appropriate inquiry into the previous ownership and uses
determined to be de minimis are not recognized environmental
of the property consistent with good commercial or customary
conditions.
practice”asdefinedat42U.S.C.§9601(35)(B).(SeeAppendix
X1 for an outline of CERCLA’s liability and defense provi- 1.1.2 Petroleum Products—Petroleum productsareincluded
sions.) Controlled substances are not included within the scope within the scope of this practice because they are of concern
of this standard. Persons conducting an environmental site with respect to many parcels of commercial real estate and
assessment as part of an EPA Brownfields Assessment and
current custom and usage is to include an inquiry into the
Characterization Grant awarded under CERCLA 42 U.S.C.
presence of petroleum products when doing an environmental
§9604(k)(2)(B) must include controlled substances as defined
site assessment of commercial real estate. Inclusion of petro-
in the Controlled Substances Act (21 U.S.C. §802) within the
leum products within the scope of this practice is not based
scope of the assessment investigations to the extent directed in
upon the applicability, if any, of CERCLA to petroleum
the terms and conditions of the specific grant or cooperative
products. (See X1.7 for discussion of petroleum exclusion to
agreement. Additionally, an evaluation of business environ-
CERCLA liability.)
mental risk associated with a parcel of commercial real estate
1.1.3 CERCLA Requirements Other Than Appropriate
may necessitate investigation beyond that identified in this
Inquiry—This practice does not address whether requirements
practice (see Sections 1.3 and 13).
in addition to all appropriate inquiry have been met in order to
1.1.1 Recognized Environmental Conditions—In defining a
qualify for the LLPs (for example, the duties specified in 42
standard of good commercial and customary practice for
U.S.C. §9607(b)(3)(a) and (b) and cited in Appendix X1,
conducting an environmental site assessment of a parcel of
including the continuing obligation not to impede the integrity
property, the goal of the processes established by this practice
and effectiveness of activity and use limitations (AULs), or the
duty to take reasonable steps to prevent releases, or the duty to
comply with legally required release reporting obligations).
1
This practice is under the jurisdiction of ASTM Committee E50 on Environ-
1.1.4 Other Federal, State, and Local Environmental
mental Assessment, Risk Management and Corrective Action and is the direct
Laws—Thispracticedoesnotaddressrequirementsofanystate
responsibility of Subcommittee E50.02 on Real Estate Assessment and Manage-
or local laws or of any federal laws other than the all
ment.
Current edition approved Nov. 1, 2005. Published November 2005. O
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This document is not anASTM standard and is intended only to provide the user of anASTM standard an indication of what changes have been made to the previous version. Because
it 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 version
of the standard as published by ASTM is to be considered the official document.
Designation:E 1527–97 Designation: E1527 – 05
Standard Practice for
Environmental Site Assessments: Phase I Environmental
1
Site Assessment Process
This standard is issued under the fixed designation E1527; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision.Anumber in parentheses indicates the year of last reapproval.A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.
1. Scope
1.1 Purpose—The purpose of this practice, as well as Practice E 1528E 1528, practice is to define good commercial and
2
customary practice in the United States ofAmerica for conducting an environmental site assessment of a parcel of commercial
real estate with respect to the range of contaminants within the scope of Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) and petroleum products. As such, this practice is intended to permit a user to satisfy one of the
requirements to qualify for the innocent landowner defense to CERCLA liability: that is, the practices that constitute “all
appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice”
as defined in 42 USC §9601(35)(B). (See of a parcel of commercial real estate with respect to the range of contaminants within
the scope of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601) and
petroleum products.Assuch,thispracticeisintendedtopermita usertosatisfyoneoftherequirementstoqualifyforthe innocent
landowner, contiguous property owner,or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the
“landowner liability protections,” or “LLPs”): that is, the practice that constitutes “all appropriate inquiry into the previous
ownershipandusesofthe propertyconsistentwithgoodcommercialorcustomarypractice”asdefinedat42U.S.C.§9601(35)(B).
(SeeAppendixX1foranoutlineofCERCLA’sliabilityanddefenseprovisions.)foranoutlineofCERCLA’sliabilityanddefense
provisions.) Controlled substances are not included within the scope of this standard. Persons conducting an environmental site
assessment as part of an EPA Brownfields Assessment and Characterization Grant awarded under CERCLA 42 U.S.C.
§9604(k)(2)(B) must include controlled substances as defined in the Controlled SubstancesAct (21 U.S.C. §802) within the scope
of the assessment investigations to the extent directed in the terms and conditions of the specific grant or cooperative agreement.
Additionally, an evaluation of business environmental risk associated with a parcel of commercial real estate may necessitate
investigation beyond that identified in this practice (see Sections 1.3 and 13).
1.1.1 RecognizedEnvironmentalConditions—Indefiningastandardofgoodcommercialandcustomarypracticeforconducting
an environmental site assessment of a parcel of property, the goal of the processes established by this practice is to identify
recognized environmental conditions.Theterm recognized environmental conditionsmeansthepresenceorlikelypresenceofany
hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a
material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground,
ground water, or surface water of the property. The term includes hazardous substances or petroleum products even under
conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a
material risk of harm threat to publichuman health or the environment and that generally would not be the subject of an
enforcement action if brought to the attention of appropriate governmental agencies. 1.1.2Two Related Practices—This practice
is closely related Conditions determined to Practice E 1528E 1528. Bothbe de minimis are environmental site assessments for
commercial real estate. See 4.3not recognized environmental conditions.
1.1.3
1.1.2 Petroleum Products—Petroleum products are included within the scope of both practicesthis practice because they are of
concern with respect to many parcels of commercial real estate and current custom and usage is to include an inquiry into the
presence of petroleum products when doing an environmental site assessment of commercial real estate. Inclusion of petroleum
products within the scope of this practice and Practice E 1528E 1528 is not based upon the a
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