ASTM E2091-11

Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls

SIGNIFICANCE AND USE
Activity and use limitations are typically used in conjunction with risk-based decision-making principles in Federal, state, tribal, and local remediation programs, or where residual chemicals of concern remain following an evaluation of risk or following the implementation of a remedial action (see American Bar Association's Implementing Institutional Controls at Brownfields and Other Contaminated Sites; EPA's Institutional Controls: A Site Manager's Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups; EPA’s Interim Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitations on CERCLA Liability (Common Elements Guide); and EPA's Strategy to Insure Institutional Control Implementation at Superfund Sites). The principal purposes of activity and use limitations are to:
Eliminate exposure pathways for, or reduce potential exposures to, chemicals of concern;
Provide notice to property owners, holders of interests in the property, title companies, utilities, tenants, realtors, lenders, developers, appraisers and others of the presence and location of chemicals of concern that may be present on the site;
Identify the objectives and goals of each activity and use limitation;
Identify the exposure assumptions upon which each activity and use limitation is based;
Identify the site uses and activities which, if they were to occur in the future, would be appropriate and consistent with maintaining a condition of “acceptable risk” or “no significant risk”;
Identify the site uses and activities which should NOT occur in the future (unless further evaluation and remedial action, as appropriate, are undertaken), as those activities and uses may result in the exposure of persons or ecological receptors to chemicals of concern at or near the site in a manner that is inconsistent with a condition of “...
SCOPE
1.1 This guide covers information for incorporating activity and use limitations that are protective of human health and the environment into federal, state, tribal or local remediation programs using a risk-based approach to corrective action. Activity and use limitations should be considered early in the site assessment and remedial action selection process, and should be considered an integral part of remedial action selection. In the event that an appropriate activity and use limitation cannot be found, the user may need to revisit the initial remedial action selection decision.
1.2 This guide does not mandate any one particular type of activity and use limitation but merely serves to help users identify, implement and maintain the types of activity and use limitations that may be appropriate in programs using a risk-based decision-making approach.
1.3 This guide identifies screening and balancing criteria that should be applied in determining whether any particular activity and use limitation may be appropriate. This guide identifies the need to develop long-term monitoring and stewardship plans to ensure the long-term reliability and enforceability of activity and use limitations. This guide explains the purpose of activity and use limitations in the remedial action process and the types of activity and use limitations that are most commonly available.
1.4 This guide describes the process for evaluating potentially applicable activity and use limitations and using screening and balancing criteria to select one or more activity and use limitations for a specific site. The guide also describes some “best practices” from a transactional, stakeholder involvement, and long-term stewardship perspective. The guide also emphasizes the importance of considering the need for, and potential applicability of, activity and use limitations EARLY in the remedial action process.
1.5 All references to specific Federal or st...

General Information

• Status: Historical
• Publication Date: 30-Apr-2011
• ICS: 13.020.01 - Environment and environmental protection in general
• Technical Committee: E50 - Environmental Assessment, Risk Management and Corrective Action
• Drafting Committee: E50.02 - Real Estate Assessment and Management

Relations

• Replaces: ASTM E2091-05 - Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
• Effective Date: 01-May-2011
• Replaced By: ASTM E2091-17 - Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
• Effective Date: 01-Nov-2017
• Referred By: ASTM E2435-05(2020) - Standard Guide for Application of Engineering Controls to Facilitate Use or Redevelopment of Chemical-Affected Properties
• Effective Date: 01-May-2011
• Referred By: ASTM E1528-22 - Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process
• Effective Date: 01-May-2011
• Referred By: ASTM E2790-20 - Standard Guide for Identifying and Complying With Continuing Obligations
• Effective Date: 01-May-2011
• Referred By: ASTM E3182-20 - Standard Practice for Preparing an Occupant Exposure Screening Report (OESR) for Substances in Installed Building Products
• Effective Date: 01-May-2011
• Referred By: ASTM E3228-19 - Standard Guide for Environmental Knowledge Management
• Effective Date: 01-May-2011
• Referred By: ASTM E2247-16 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property
• Effective Date: 01-May-2011
• Referred By: ASTM E2173-22 - Standard Guide for Disclosure of Environmental Liabilities
• Effective Date: 01-May-2011
• Referred By: ASTM E2531-06(2020) - Standard Guide for Development of Conceptual Site Models and Remediation Strategies for Light Nonaqueous-Phase Liquids Released to the Subsurface
• Effective Date: 01-May-2011
• Referred By: ASTM E2616-09(2020) - Standard Guide for Remedy Selection Integrating Risk-Based Corrective Action and Non-Risk Considerations
• Effective Date: 01-May-2011
• Referred By: ASTM E1527-21 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
• Effective Date: 01-May-2011
• Referred By: ASTM E2876-13(2020) - Standard Guide for Integrating Sustainable Objectives into Cleanup
• Effective Date: 01-May-2011
• Referred By: ASTM E2081-22 - Standard Guide for Risk-Based Corrective Action
• Effective Date: 01-May-2011
• Referred By: ASTM E2893-16e1 - Standard Guide for Greener Cleanups
• Effective Date: 01-May-2011

Standards Content (Sample)

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: E2091 − 11
Standard Guide for
Use of Activity and Use Limitations, Including Institutional
1
and Engineering Controls
This standard is issued under the fixed designation E2091; 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.
INTRODUCTION
Valuable property, which is, or is perceived to be, environmentally impacted, remains idle
throughout the fifty states because fears of liability and corrective action costs deter potential
developers, purchasers, and lenders. In response, many states have adopted voluntary corrective action
or brownfields programs that utilize risk-based corrective action principles. One element of these
programs may be activity and use limitations to achieve either an “acceptable risk” or a “no significant
risk” level. For example, an owner/operator who volunteers to remediate a site to meet an industrial
or commercial use standard may do so in exchange for a restrictive covenant that limits the use of the
site to industrial or commercial purposes only. Activity and use limitations should be considered an
integral part of the remedial action selection process. The user may determine, based upon
post-remedial action land use, or based upon the deficiencies in available activity and use limitations,
that an activity and use limitation is not feasible for the site. The most effective use of activity and use
limitations as part of a federal, state, tribal or local remediation program requires careful consideration
of many factors, including effectiveness, amenability to integration with property redevelopment
plans, implementability, technical practicability, cost prohibitiveness, long-term reliability, acceptabil-
ity to stakeholders, and cost effectiveness. While this guidance is most likely to be applied where
risk-based corrective actions are conducted, use of activity and use limitations is not restricted to
risk-based applications. Both institutional and engineering controls may be employed as elements of
a remedial action that is based on concentration level, background, or other non-risk-based
approaches.
1. Scope limitations that may be appropriate in programs using a
risk-based decision-making approach.
1.1 This guide covers information for incorporating activity
and use limitations that are protective of human health and the
1.3 This guide identifies screening and balancing criteria
environment into federal, state, tribal or local remediation
that should be applied in determining whether any particular
programs using a risk-based approach to corrective action.
activity and use limitation may be appropriate. This guide
Activity and use limitations should be considered early in the
identifies the need to develop long-term monitoring and
site assessment and remedial action selection process, and
stewardship plans to ensure the long-term reliability and
should be considered an integral part of remedial action
enforceability of activity and use limitations. This guide
selection. In the event that an appropriate activity and use
explains the purpose of activity and use limitations in the
limitation cannot be found, the user may need to revisit the
remedial action process and the types of activity and use
initial remedial action selection decision.
limitations that are most commonly available.
1.2 This guide does not mandate any one particular type of
1.4 This guide describes the process for evaluating poten-
activity and use limitation but merely serves to help users
tially applicable activity and use limitations and using screen-
identify, implement and maintain the types of activity and use
ing and balancing criteria to select one or more activity and use
limitations for a specific site. The guide also describes some
1
“best practices” from a transactional, stakeholder involvement,
This guide is under the jurisdiction of ASTM Committee E50 on Environmental
Assessment, Risk Management and Corrective Action and is the direct responsibil-
and long-term stewardship perspective. The guide also empha-
ity of Subcommittee E50.02 on Real Estate Assessment and Management.
sizes the importance of considering the need for, and potential
Current edition approved May 1, 2011. Published July 2011. Originally approved
applicability of, activity and use limitations EARLY in the
in 2000. Last previous edition approved in 2005 as E2091 – 05. DOI: 10.1520/
E2091-11. remedial action process.
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
1

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E2091 − 11
1.5 All referen
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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 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:E2091–05 Designation:E2091–11
Standard Guide for
Use of Activity and Use Limitations, Including Institutional
1
and Engineering Controls
This standard is issued under the fixed designation E2091; 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.
INTRODUCTION
Valuable property, which is, or is perceived to be, environmentally impacted, remains idle
throughout the fifty states because fears of liability and corrective action costs deter potential
developers, purchasers, and lenders. In response, many states have adopted voluntary corrective action
or brownfields programs that utilize risk-based corrective action principles. One element of these
programs may be activity and use limitations to achieve either an “acceptable risk” or a “no significant
risk” level. For example, an owner/operator who volunteers to remediate a site to meet an industrial
or commercial use standard may do so in exchange for a restrictive covenant that limits the use of the
site to industrial or commercial purposes only. Activity and use limitations should be considered an
integral part of the remedial action selection process. The user may determine, based upon
post-remedial action land use, or based upon the deficiencies in available activity and use limitations,
that an activity and use limitation is not feasible for the site. The most effective use of activity and use
limitations as part of a federal, state, tribal or local remediation program requires careful consideration
of many factors, including effectiveness, amenability to integration with property redevelopment
plans, implementability, technical practicability, cost prohibitiveness, long-term reliability, acceptabil-
ity to stakeholders, and cost effectiveness. While this guidance is most likely to be applied where
risk-based corrective actions are conducted, use of activity and use limitations is not restricted to
risk-based applications. Both institutional and engineering controls may be employed as elements of
a remedial action that is based on concentration level, background, or other non-risk-based
approaches.
1. Scope
1.1 This guide covers information for incorporating activity and use limitations that are protective of human health and the
environment into federal, state, tribal or local remediation programs using a risk-based approach to corrective action. Activity and
use limitations should be considered early in the site assessment and remedial action selection process, and should be considered
an integral part of remedial action selection. In the event that an appropriate activity and use limitation cannot be found, the user
may need to revisit the initial remedial action selection decision.
1.2 This guide does not mandate any one particular type of activity and use limitation but merely serves to help users identify,
implement and maintain the types of activity and use limitations that may be appropriate in programs using a risk-based
decision-making approach.
1.3 This guide identifies screening and balancing criteria that should be applied in determining whether any particular activity
and use limitation may be appropriate. This guide identifies the need to develop long-term monitoring and stewardship plans to
ensure the long-term reliability and enforceability of activity and use limitations. This guide explains the purpose of activity and
use limitations in the remedial action process and the types of activity and use limitations that are most commonly available.
1.4 This guide describes the process for evaluating potentially applicable activity and use limitations and using screening and
balancing criteria to select one or more activity and use limitations for a specific site. The guide also describes some “best
practices” from a transactional, stakeholder involvement, and long-term stewardship perspective. The guide also emphasizes the
1
This guide is under the jurisdiction of ASTM Committee E50 on Environmental Assessment and is the direct responsibility of Subcommittee on Environmental
Assessment, Risk Management and Corrective Action and is the direct responsibility of Subcommittee E50.02 on Commercial Real Estate Transactions.
Current edition approved May 1, 2005. Published June 2005. Originally approved in 2000. Last previous edition approved in 2000 as E2091–00. DOI
...