Standard Guide for Disclosure of Environmental Liabilities

SCOPE
1.1 Purpose—The purpose of this guide is to provide a series of options or instructions consistent with good commercial and customary practice in the United States for environmental liability disclosures accompanying audited and unaudited financial statements. This guide is intended to supplement and be consistent with Generally Accepted Accounting Principles (GAAP).
1.2 Objectives—The objectives of this guide are to determine the conditions warranting disclosure and the content of appropriate disclosure.

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Publication Date
09-Dec-2001
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NOTICE: This standard has either been superseded and replaced by a new version or withdrawn.
Contact ASTM International (www.astm.org) for the latest information
Designation:E2173–01
Standard Guide for
Disclosure of Environmental Liabilities
This standard is issued under the fixed designation E 2173; 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 (e) indicates an editorial change since the last revision or reapproval.
1. Scope 3.1.2 CERCLIS—Comprehensive Environmental Response,
Compensation and Liability Information System, the list of
1.1 Purpose—The purpose of this guide is to provide a
sites compiled by the EPA that the EPA has investigated or is
series of options or instructions consistent with good commer-
currently investigating for potential hazardous substance con-
cial and customary practice in the United States for environ-
tamination for possible inclusion on the National Priorities
mental liability disclosures accompanying audited and unau-
List.
ditedfinancialstatements.Thisguideisintendedtosupplement
3.1.3 CFR—Code of Federal Regulations.
and be consistent with Generally Accepted Accounting Prin-
2 3.1.4 claim—a demand for payment.
ciples (GAAP).
3.1.5 environmental liabilities—accrued liabilities and loss
1.2 Objectives—The objectives of this guide are to deter-
contingencies associated with conditions that present an unac-
mine the conditions warranting disclosure and the content of
ceptable risk of harm to public health or the environment and
appropriate disclosure.
that would be the subject of an enforcement action or other
2. Referenced Documents
legal action.
3.1.6 EPA—United States Environmental Protection
2.1 ASTM Standards:
Agency.
D 5746 Classification of Environmental Condition of Prop-
3.1.7 Federal Register, (FR)—publication of the United
erty Area Types for Defense Base Closure and Realign-
States government published daily (except for federal holidays
ment Facilities
and weekends) containing all proposed and final regulations
E 1527 Practice for Environmental SiteAssessments: Phase
and some other activities of the federal government. When
I Environmental Site Assessment Process
regulations become final, they are included in the Code of
E 1739 Guide for Risk Based Corrective Action Applied at
Federal Regulations (CFR), as well as published in the Federal
Petroleum Release Sites
Register.
E 2137 Guide for Estimating Monetary Costs and Liabili-
3.1.8 financial statements—include, but are not limited to,
ties for Environmental Matters
statements associated with shareholder reporting, loans, merg-
2.2 EPA Directives:
ers, acquisitions, or divestitures.
United States Environmental Protection Agency, OSWER
3.1.9 materiality—the significance of an item to users of a
Directive 9610.17: Use of Risk-Based Decision-Making
financial statement that considers all relevant and surrounding
in UST Corrective Action Programs
circumstances. A material item is one that its omission or
3. Terminology
misstatement is of such a magnitude in the surrounding
circumstances that either the judgment of a reasonable person
3.1 Definitions of Terms Specific to This Standard:
relying on the financial statement would have been changed or
3.1.1 CERCLA—Comprehensive Environmental Response,
influenced by its inclusion or correction, or there is a substan-
Compensation and LiabilityAct of 1980 (as amended, 42 USC
tial likelihood that the item, after assessing the inferences, and
Section 9601 et seq. ).
their significance, drawn from the given set of facts associated
with the financial statement, would be viewed as significantly
ThisguideisunderthejurisdictionofASTMCommitteeE50onEnvironmental
altering the information made available to the investor or
Assessment and is the direct responsibility of Subcommittee E50.05 on Wetland
shareholder. Relevant sources of information and references
Ecosystems.
are included in Appendix X2.
Current edition approved Dec. 10, 2001. Published February 2002.
This guide alone does not satisfy or include all disclosure requirements under 3.1.10 National Priorities List (NPL)—a list compiled by
GAAP, SEC, or any other agency or regulatory body. Appendix X1 provides some
the EPA pursuant to CERCLA 42 USC § 9605(a)(8)(B) of
examples of where such requirements are contained.
properties with the highest priority for cleanup pursuant to the
Annual Book of ASTM Standards, Vol 11.04.
EPA’s Hazard Ranking System. See 40 CFR Part 300.
AvailablefromtheUnitedStatesEnvironmentalProtectionAgency(U.S.EPA),
Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, DC 20460.
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States.
E2173
3.1.11 Potentially Responsible Party (PRP)—any indi- techniques, or other factors. However, information on trends
vidual, legal entity, or government—including owners, opera- may be of value to a user of financial statements.
tors, transporters, or generators—potentially responsible for, or 4.2.1.4 Not Exhaustive—Appropriate disclosure does not
contributing to, conditions that present an unacceptable risk of necessarily mean an exhaustive disclosure of the reporting
harmtohumanhealthortheenvironmentandthatwouldbethe entity’s environmental liabilities. There is a point at which the
subject of an enforcement action or other legal action. cost of obtaining information or the time required to gather it
3.1.12 RCRA—Resource Conservation and Recovery Act outweighs the usefulness of the information and, in fact, may
(as amended, 42 USC § 6901 et seq.). be a material detriment to the orderly preparation of financial
3.1.13 reasonably possible—the likelihood, or probability, statements and the ability of readers to understand the infor-
associated with a given event occurring that lies in the range mationcontainedtherein.However,allrelevantandreasonably
between remote and probable. The probability values assigned ascertainable information should be used to determine the
to remote and probable will depend on the industry, the content of appropriate disclosure for environmental liabilities.
aggregate number of sites, observations, and possible out- 4.2.1.5 Assessment of Risk—As the reporting entity be-
comes, and the uncertainty associated with estimating prob- comes aware of an environmental liability or an environmental
abilities. compliance issue, the condition or issue should be evaluated to
3.1.14 release—any spilling, leaking, pumping, pouring, assess the actual or potential risk to human health and
emitting, emptying, discharging, injecting, escaping, leaching, environment. This process may be dependent on the regulatory
dumping, or disposing into the environment. environment, an understanding of the specifics of the condition
3.1.15 remedial or corrective action—all environmental or issue, and potential future uses. For example, guidance on
response activities to an environmental liability. petroleum release sites is provided in Guide E 1739 and
3.1.16 reporting entity—any business or public agency additional guidance is provided in EPA OSWER Directive
preparing a financial statement. 9610.17. The degree of risk suggests the appropriate response
3.1.17 site—real property affected by an environmental actions and should be a factor in the level of effort devoted to
liability. developing the cost and liability estimates associated with the
environmental condition or the compliance issue.
4. Significance and Use
5. Determining Whether a Disclosure is Warranted
4.1 Uses—This guide is intended for use on a voluntary
basis by a reporting entity that provides disclosure in their 5.1 Circumstances Associated with Environmental Liabili-
financial statements regarding environmental liabilities. The ties:
degree and type of disclosure depends on the scope and 5.1.1 Following are the major circumstances that might give
objective of the financial statements. rise to environmental liabilities:
4.2 Principles: 5.1.1.1 Enforcement of environmental laws or regulations
4.2.1 The following principles are an integral part of this regarding investigation, clean-up, maintenance, and other
guide and are intended to be referred to in resolving any costs. Such circumstance arises if the EPA, a state agency, or a
ambiguity or dispute regarding the interpretation of disclosures local government has named the reporting entity a PRP on a
regarding environmental liabilities. site, or a reporting entity is required to perform corrective
4.2.1.1 Uncertainty Not Eliminated—Although a reporting action under RCRA, or is required to remediate a contaminated
entity,asofthetimewhenitsfinancialstatementsareprepared, property under any other environmental law.
may hold a certain position with regard to the existence and 5.1.1.2 Contractual assumptions of risk or risk transfer
extentofitsenvironmentalliabilities,thereremainsuncertainty agreements. The most familiar forms of risk transfer agree-
with regard to the final resolution of factual, technological, ments are insurance contracts, hold harmless agreements,
regulatory, legislative, and judicial matters, which could affect indemnity agreements, and similar terms within contracts for
its environmental liabilities. the transfer of property.
4.2.1.2 Disclosure Dependent on Circumstances—Not ev- 5.1.1.3 Commencement of litigation or assertion of a claim
ery environmental liability warrants the same level of detail in or assessment by a party alleging legal liability on the part of
its disclosure. Disclosure will be guided by the scope and the reporting entity.
objective of the financial statement, and accordingly, b
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