ASTM E2247-23

Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property

SIGNIFICANCE AND USE
4.1 Uses—This practice is intended for use on a voluntary basis by parties who wish to assess the environmental condition of forestland or rural property taking into account commonly known and reasonably ascertainable information. While use of this practice is intended to constitute all appropriate inquiries for purposes of the LLPs, it is not intended that its use be limited to that purpose. This practice is intended primarily as an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a subject property. No implication is intended that a person shall use this practice in order to be deemed to have conducted inquiry in a commercially prudent or reasonable manner in any particular transaction. Nevertheless, this practice is intended to reflect good commercial and customary practice. (See 1.5.)  
4.2 Clarifications on Use:  
4.2.1 Use Not Limited to CERCLA—This practice is designed to assist the user in developing information about the environmental condition of a subject property and as such, has utility for a wide range of persons, including those who may have no actual or potential CERCLA liability and/or may not be seeking the LLPs.  
4.2.2 Residential Occupants/Lessees/Purchasers and Others—No implication is intended that it is currently customary practice for residential occupants/lessees of multifamily residential buildings, occupants/lessees of single-family homes or other residential real estate, or purchasers of dwellings for one's own residential use, to conduct an environmental site assessment in connection with these transactions. Thus, these transactions are not included in the term forestland or rural property transactions, and it is not intended to imply that such persons are obligated to conduct an environmental site assessment in connection with these transactions for purposes of all appropriate inquiries or for any other purpose.  
4.2.3 Site-specific—This practice is site-specific in tha...
SCOPE
1.1 Purpose—The purpose of this practice is to provide an alternative method to ASTM E1527 for good commercial and customary practices in the United States of America for conducting a Phase I Environmental Site Assessment2 of forestland or rural property with respect to the range of contaminants within the scope of the 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, 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 inquiries” into the previous ownership and uses of a property consistent with good commercial and customary standards and practices as defined at 42 U.S.C. §9601(35)(B). (See Appendix X1 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 (BER) associated with a parcel of commercial real estate may necessitate investigation beyond that identified in this practice (see 1.4 and Section 13).  
1.1.1 Standard Practice Selection—The methodology included in this practice is an effective and practical process for achieving the objectives of a Phase I Environmental Site Assessment of forestland or rural property when some of the metho...

General Information

• Status: Published
• Publication Date: 31-Oct-2023
• ICS: 13.020.10 - Environmental management
• Technical Committee: E50 - Environmental Assessment, Risk Management and Corrective Action
• Drafting Committee: E50.02 - Real Estate Assessment and Management

Relations

• Replaces: ASTM E2247-16 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property
• Effective Date: 01-Nov-2023
• Referred By: ASTM E1903-19 - Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process
• Effective Date: 01-Nov-2023
• Referred By: ASTM E1527-21 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
• Effective Date: 01-Nov-2023
• Referred By: ASTM E1528-22 - Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process
• Effective Date: 01-Nov-2023
• Referred By: ASTM E2091-22 - Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
• Effective Date: 01-Nov-2023
• Referred By: ASTM E2790-20 - Standard Guide for Identifying and Complying With Continuing Obligations
• Effective Date: 01-Nov-2023
• Referred By: ASTM E3033-16 - Standard Guide for Beneficial Use of Landfills and Chemically Impacted Sites
• Effective Date: 01-Nov-2023
• Referred By: ASTM E3358-23a - Standard Guide for Per- and Polyfluoroalkyl Substances Site Screening and Initial Characterization
• Effective Date: 01-Nov-2023
• Referred By: ASTM D5746-23 - Standard Classification of Environmental Condition of Property Area Types, Including Explosives Safety for Federally-Owned Real Property
• Effective Date: 01-Nov-2023
• Referred By: ASTM D6008-22 - Standard Practice for Determining the Environmental Condition of Federal Property
• Effective Date: 01-Nov-2023
• Referred By: ASTM E2137-22 - Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters
• Effective Date: 01-Nov-2023

Overview

ASTM E2247-23, published by ASTM International, is the Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property. This standard provides a framework for conducting Phase I environmental site assessments (ESAs) specifically tailored to rural and forested properties in the United States. The goal is to identify recognized environmental conditions (RECs) associated with hazardous substances and petroleum products, helping property stakeholders manage environmental risks and comply with regulatory expectations.

ASTM E2247-23 is widely used by environmental professionals, landowners, purchasers, and other stakeholders interested in evaluating the environmental condition of forestland and rural property, whether for due diligence, risk management, or to qualify for landowner liability protections (LLPs) under federal law such as CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act).

Key Topics

• Purpose and Scope
  • Provides an alternative to ASTM E1527 specifically for rural and forestland environments.
  • Centers on identifying RECs involving hazardous substances and petroleum products, but does not include controlled substances unless specifically required by certain grants.
  • Supports “all appropriate inquiries” as defined by CERCLA, crucial for those seeking eligibility for liability protections as innocent landowners, contiguous property owners, or bona fide prospective purchasers.
• Applicability
  • Designed for voluntary use in forestland and rural property transactions, not customary for individual residential real estate purchases.
  • Site-specific assessments, focusing on properties where uniform land use patterns and limited development are prevalent.
• Documentation and Methodology
  • Emphasizes robust documentation, including research, reporting, and record retention to support findings and qualify for CRECLA’s LLPs.
  • Recognizes the differences in sources of information, interview subjects, and site reconnaissance methodologies compared to assessments for urban or developed properties.

Applications

ASTM E2247-23 delivers practical value across a range of environmental due diligence activities related to rural and forestland real estate:

• Real Estate Transactions
  • Essential for buyers, sellers, and investors assessing potential liability for contamination prior to acquiring forestland or rural properties.
  • Facilitates compliance with federal due diligence requirements, ensuring eligibility for CERCLA’s landowner liability protections.
• Land Development and Resource Management
  • Useful for timber companies, conservation groups, and agricultural enterprises evaluating property for new investment, stewardship, or land use change.
  • Assists landowners and managers in identifying environmental risks, such as historic uses that might have led to contamination, supporting sustainable management practices.
• Environmental Grant Compliance
  • Guides recipients of EPA Brownfields Assessment and Characterization Grants on meeting necessary assessment standards, particularly when the inclusion of controlled substances is directed by the funding terms.
• Legal and Financial Risk Assessment
  • Used by attorneys, lenders, and insurers as a benchmark for commercial and customary practice, documenting efforts to uncover environmental risks and satisfy statutory requirements for environmental due diligence.

Related Standards

• ASTM E1527 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (for commercial real estate).
• ASTM E1903 - Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process.
• ASTM E2091 - Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls.
• ASTM E2600 - Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions.
• Key Federal References
  • CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act)
  • EPA’s “All Appropriate Inquiry” Final Rule (40 CFR Part 312)

By implementing ASTM E2247-23, forestland and rural property stakeholders benefit from a standardized, defensible process for environmental due diligence, risk identification, and regulatory compliance, ensuring prudent land management and transactional transparency.

Standards Content (Sample)

This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the
Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.
Designation: E2247 − 23
Standard Practice for
Environmental Site Assessments: Phase I Environmental
Site Assessment Process for Forestland or Rural Property
This standard is issued under the fixed designation E2247; 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 achieving the objectives of a Phase I Environmental Site
Assessment of forestland or rural property when some of the
1.1 Purpose—The purpose of this practice is to provide an
methodologies of ASTM E1527 are deemed to be impractical
alternative method to ASTM E1527 for good commercial and
or unnecessary due to the size or nature of the property. This
customary practices in the United States of America for
practice is intended to provide a more practical approach to
conducting a Phase I Environmental Site Assessment of
assess rural and forestland properties that are generally uni-
forestland or rural property with respect to the range of
form in use. A primary consideration in applying this practice
contaminants within the scope of the Comprehensive Environ-
instead of E1527 is the nature and extent of the property being
mental Response, Compensation, and Liability Act (CERCLA)
assessed, as the typical environmental concerns, sources for
and petroleum products. As such, this practice is intended to
interviews and records, and the methodology used to perform
permit a user to satisfy one of the requirements to qualify for
the site reconnaissance may differ significantly. The property
the innocent landowner, contiguous property owner, or bona
to be assessed using this standard practice need not be
fide prospective purchaser limitations on CERCLA liability
contiguous and may contain isolated areas of non-forestland
(hereinafter, the “landowner liability protections,” or “LLPs”):
and non-rural property. Site reconnaissance of isolated areas
that is, the practice that constitutes “all appropriate inquiries”
of the property that include activities outside the definition of
into the previous ownership and uses of a property consistent
forestland or rural property should be addressed using meth-
with good commercial and customary standards and practices
odologies such as those provided in E1527, which may be
as defined at 42 U.S.C. §9601(35)(B). (See Appendix X1 for an
conducted and reported in conjunction with this practice, as
outline of CERCLA’s liability and defense provisions.) Con-
discussed in 4.5.3.
trolled substances are not included within the scope of this
standard. Persons conducting an environmental site assessment
1.1.2 Recognized Environmental Conditions—The goal of
as part of an EPA Brownfields Assessment and Characteriza-
the processes established by this practice is to identify recog-
tion Grant awarded under CERCLA 42 U.S.C. §9604(k)(2)(B)
nized environmental conditions. The term recognized environ-
must include controlled substances as defined in the Controlled
mental condition means (1) the presence of hazardous sub-
Substances Act (21 U.S.C. §802) within the scope of the
stances or petroleum products in, on, or at the subject property
assessment investigations to the extent directed in the terms
due to any release to the environment; (2) the likely presence
and conditions of the specific grant or cooperative agreement.
of hazardous substances or petroleum products in, on, or at the
Additionally, an evaluation of business environmental risk
subject property due to a release or likely release to the
(BER) associated with a parcel of commercial real estate may
environment; or (3) the presence of hazardous substances or
necessitate investigation beyond that identified in this practice
petroleum products in, on, or at the subject property under
(see 1.4 and Section 13).
conditions that pose a material threat of a future release to the
1.1.1 Standard Practice Selection—The methodology in-
environment. A de minimis condition is not a recognized
cluded in this practice is an effective and practical process for
environmental condition.
1.1.3 Related Standard Practices—This practice is closely
This practice is under the jurisdiction of ASTM Committee E50 on Environ- related to Standard Practice E1527. Standard Practice E1527 is
mental Assessment, Risk Management and Corrective Action and is the direct
an environmental site assessment for commercial real estate
responsibility of Subcommittee E50.02 on Real Estate Assessment and Manage-
(see 4.3).
ment.
Current edition approved Nov. 1, 2023. Published December 2023. Originally
1.1.4 Petroleum Products—Petroleum products are included
approved in 2002. Last previous edition approved in 2016 as E2247 – 16. DOI:
within the scope of this practice because they are of concern
10.1520/E2247-23.
2 with respect to many parcels of forestland or rural property
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. and current custom and usage is to include an inquiry into the
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
E2247 − 23
presence of petroleum products when conducting an environ- 1.4 Considerations Beyond Scope—The use of this practice
mental site assessment of forestland or rural property. Inclu- is strictly limited to the scope set forth in this section. Section
sion of petroleum products within the scope of this practice is 13 of this practice identifies, for informational purposes,
not based upon the applicability, if any, of CERCLA to certain environmental conditions (for example, threatened and
petroleum products. endangered species and non-point source considerations) that
1.1.5 CERCLA Requirements Other Than Appropriate may exist on a forestland or rural property that are beyond the
Inquiries—This practice does not address whether require- scope of this practice, but may warrant discussion between the
ments in addition to all appropriate inquiries have been met in environmental professional and the user about a forestland or
order to qualify for the LLPs (for example, the duties specified rural property transaction. The need to include an investigation
in 42 U.S.C. §§9607(b)(3)(a) and (b) and cited in Appendix X1 of any such conditions in the environmental professional’s
including the continuing obligation not to impede the integrity scope of services should be evaluated based upon, among other
and effectiveness of activity and use limitations (AULs), or the factors, the nature of the subject property and the reasons for
duty to take reasonable steps to prevent releases, or the duty to performing the assessment (for example, a more comprehen-
comply with legally required release reporting obligations). sive evaluation of business environmental risk), and should be
1.1.6 Other Federal, State, and Local Environmental agreed upon between the user and environmental professional
Laws—This practice does not address requirements of any state as additional services beyond the scope of this practice prior to
or local laws or of any federal laws other than the All initiation of the environmental site assessment process.
Appropriate Inquiries provisions of the LLPs. Users are
1.5 This practice offers a set of instructions for performing
cautioned that federal, state, and local laws may impose
one or more specific operations and should be supplemented by
environmental assessment obligations that are beyond the
education, experience, and professional judgment. Not all
scope of this practice. Users should also be aware that there are
aspects of this practice may be applicable in all circumstances.
likely to be other legal obligations with regard to hazardous
This ASTM standard practice does not necessarily represent
substances or petroleum products discovered in, on, or at the
the standard of care by which the adequacy of a given
subject property that are not addressed in this practice and that
professional service must be judged, nor should this document
may pose risks of civil and/or criminal sanctions for non-
be applied without consideration of a project’s unique aspects.
compliance.
The word “standard” in the title means only that the document
1.1.7 Documentation—The scope of this practice includes
has been approved through the ASTM consensus process.
research and reporting requirements that support the user’s
1.6 This standard does not purport to address all of the
ability to qualify for the LLPs. As such, sufficient documenta-
safety concerns, if any, associated with its use. It is the
tion of all sources, records, and resources utilized in conduct-
responsibility of the user of this standard to establish appro-
ing the inquiry required by this practice must be provided in the
priate safety, health, and environmental practices and deter-
written report (refer to 8.1.9 and 12.2).
mine the applicability of regulatory limitations prior to use.
1.7 This international standard was developed in accor-
1.2 Objectives—Objectives guiding the development of this
dance with internationally recognized principles on standard-
practice are (1) to synthesize and put in writing good commer-
ization established in the Decision on Principles for the
cial and customary practices for environmental site assess-
Development of International Standards, Guides and Recom-
ments for forestland or rural property; (2) to facilitate high
mendations issued by the World Trade Organization Technical
quality, standardized environmental site assessments; (3) to
Barriers to Trade (TBT) Committee.
provide a practical and reasonable standard practice for all
appropriate inquiries; and (4) to clarify an industry standard
2. Referenced Documents
for all appropriate inquiries in an effort to guide legal
interpretation of the LLPs.
2.1 ASTM Standards:
1.3 Units—The values stated in inch-pound units are to be
NOTE 1—Referenced ASTM standards imply their current versions.
regarded as the standard. The values given in parentheses are
D7297 Practice for Evaluating Residential Indoor Air Qual-
mathematical conversions to SI units that are provided for
ity Concerns
information only and are not considered standard.
E1465 Practice for Radon Control Options for the Design
and Construction of New Low-Rise Residential Buildings
(Withdrawn 2017)
Many states and other jurisdictions have differing definitions for terms used
E1527 Practice for Environmental Site Assessments: Phase I
throughout this practice, such as “release” and “hazardous substance.” If a Phase I
Environmental Site Assessment Process
Environmental Site Assessment is being conducted to satisfy state requirements and
E1903 Practice for Environmental Site Assessments: Phase
to qualify for the state (or other jurisdiction) equivalent of LLPs, users and
environmental professionals are cautioned and encouraged to consider any differing
II Environmental Site Assessment Process
jurisdictional requirements and definitions while performing the Phase I Environ-
mental Site Assessment. Substances that are outside the scope of this practice (for
example, emerging contaminants that are not hazardous substance under CERCLA)
may be regulated under state law and may be federally regulated in the future. For referenced ASTM standards, visit the ASTM website, www.astm.org, or
Although the presence or any release/threatened release of these substances are contact ASTM Customer Service at [e-mail]. For Annual Book of ASTM
“non-scope considerations” under this practice, the user may nonetheless decide to Standards volume information, refer to the standard’s Document Summary page on
include such substances in the defined scope of work for which the environmental the ASTM website.
professional conducting the Phase I Environmental Site Assessment is engaged. See The last approved version of this historical standard is referenced on
13.1.2. www.astm.org.
E2247 − 23
E2091 Guide for Use of Activity and Use Limitations, 3.2.1 abandoned property, n—property that can be pre-
Including Institutional and Engineering Controls sumed to be deserted, or an intent to relinquish possession or
E2121 Practice for Installing Radon Mitigation Systems in control can be inferred from the general disrepair or lack of
Existing Low-Rise Residential Buildings activity thereon such that a reasonable person could believe
E2308 Guide for Limited Asbestos Screens of Buildings that there was an intent on the part of the current owner to
(Withdrawn 2014) surrender rights to the property.
E2356 Practice for Comprehensive Building Asbestos Sur-
3.2.2 activity and use limitations, n—legal or physical
veys
restrictions or limitations on the use of, or access to, a site or
E2418 Guide for Readily Observable Mold and Conditions
facility: (1) to reduce or eliminate potential exposure to
Conducive to Mold in Commercial Buildings: Baseline
hazardous substances or petroleum products in the soil, soil
Survey Process (Withdrawn 2015)
vapor, ground water, or surface water on a property, or (2) to
E2600 Guide for Vapor Encroachment Screening on Prop-
prevent activities that could interfere with the effectiveness of
erty Involved in Real Estate Transactions
a response action, in order to ensure maintenance of a
E2790 Guide for Identifying and Complying With Continu-
condition of no significant risk to public health or the environ-
ing Obligations
ment. These legal or physical restrictions, which may include
institutional and/or engineering controls, are intended to pre-
2.2 Federal Statutes:
vent adverse impacts to individuals or populations that may be
Comprehensive Environmental Response, Compensation,
exposed to hazardous substances and petroleum products in the
and Liability Act of 1980 (“CERCLA” or “Super-
soil, soil vapor, ground water, or surface water on a property.
fund”), as amended by Superfund Amendments and Re-
3.2.2.1 Discussion—The term activity and use limitation
authorization Act of 1986 (“SARA”) and Small Business
(AUL) is taken from Guide E2091 to include both legal (that is,
Liability Relief and Brownfields Revitalization Act of
institutional) and physical (that is, engineering) controls within
2002 (“Brownfields Amendments”), and the Brownfields
its scope. Other agencies, organizations, and jurisdictions may
Utilization, Investment, and Local Development Act of
define or utilize these terms differently (for example, EPA and
2018 (“BUILD”) 42 U.S.C. § 960 et seq.
California do not include physical controls within their defini-
Emergency Planning and Community Right-To-Know Act of
tions of “institutional controls.” Department of Defense and
1986 (“EPCRA”), 42 U.S.C. § 11001 et seq.
International County/City Management Association use “Land
Freedom of Information Act, 5 U.S.C. § 552 as amended by
Use Controls.” The term “land use restrictions” is used but is
Public Law No. 104-231, 110 Stat. 3048
not defined in the Brownfields Amendments).
Resource Conservation and Recovery Act (also referred to as
the Solid Waste Disposal Act), as amended (“RCRA”), 42 3.2.3 actual knowledge, n—knowledge actually possessed
U.S.C § 6901 et seq.
by an individual who is a real person, rather than an entity.
Actual knowledge is to be distinguished from constructive
2.3 USEPA Documents:
knowledge; that is, knowledge imputed to an individual or
“All Appropriate Inquiry” Final Rule (40 C.F.R. Part 312)
entity.
Chapter 1 EPA, Subchapter J–Superfund, Emergency
Planning, and Community Right-To-Know Programs, 40
3.2.4 adjoining properties, n—any real property or proper-
C.F.R. Parts 300-399
ties the border of which is contiguous or partially contiguous
National Oil and Hazardous Substances Pollution Contin-
with that of the subject property, or that would be contiguous
gency Plan, 40 C.F.R. Part 300
or partially contiguous with that of the subject property but for
a street, road, or other thoroughfare separating them.
2.4 Other Federal Agency Documents:
829 C.F.R. § 1910.1200
3.2.5 aerial photographs, n—The term “aerial photo-
graphs” means photographs taken from an aerial platform with
3. Terminology
sufficient resolution to allow identification of development and
activities.
3.1 Scope—This section provides definitions, descriptions
of terms, and a list of acronyms for many of the words used in
3.2.6 all appropriate inquiries, n—that inquiry constituting
this practice. The terms are an integral part of this practice and
all appropriate inquiries into the previous ownership and uses
are critical to an understanding of the practice and its use. In
of the subject property consistent with good commercial or
determining the meaning of any term used in this practice,
customary standards and practices as defined in CERCLA, 42
unless the context indicates otherwise, words referencing the
U.S.C. § 9601(35)(B) and 40 C.F.R. Part 312, that will qualify
singular include and apply to multiple examples of the same
a party to a forestland or rural property transaction for one of
thing; words referencing the plural include the singular.
the threshold criteria for satisfying the LLPs to CERCLA
liability (42 U.S.C. §§ 9601(A) and (B), § 9607(b)(3), §
3.2 Definitions:
9607(q), and § 9607(r)), assuming compliance with other
elements of the defense. See Appendix X1.
Available from U.S. Government Publishing Office (GPO), 732 N. Capitol St.,
3.2.7 approximate minimum search distance, n—the area for
NW, Washington, DC 20401, http://www.gpo.gov.
which records must be obtained and reviewed pursuant to
Available from United States Environmental Protection Agency (EPA), William
Section 8 subject to the limitations provided in that section.
Jefferson Clinton Bldg., 1200 Pennsylvania Ave., NW, Washington, DC 20460,
http://www.epa.gov. This may include areas outside the subject property and shall
E2247 − 23
be measured from the nearest subject property boundary. This nor does it include the purchase of a lot or lots to construct a
term is used in lieu of radius to include irregularly shaped dwelling for occupancy by a purchaser, but a commercial real
properties. estate transaction does include real property purchased or
leased by persons or entities in the business of construction or
3.2.8 area(s) of environmental interest, n—an area or areas
developing dwelling units.
of the property with indications of activity that could have
resulted in the presence of a recognized environmental
3.2.15 construction debris, n—concrete, brick, asphalt, and
condition, especially areas where hazardous substances or
other such building materials discarded in the construction of a
petroleum products may be used, handled, managed or stored
building or other improvement to property.
or may have been used, handled, managed or stored in the past.
3.2.16 contaminated public wells, n—public wells used for
3.2.9 bona fide prospective purchaser [42 U.S.C. §
drinking water that have been designated by a government
9607(r)], n—a person may qualify as a bona fide prospective
entity as contaminated by hazardous substances (for example,
purchaser if, among other requirements, such person made “all
chlorinated solvents), or petroleum products, or as having
appropriate inquiries into the previous ownership and uses of
water unsafe to drink without treatment.
the facility in accordance with generally accepted good com-
3.2.17 contiguous property owner [42 U.S.C. § 9607(q)],
mercial and customary standards and practices.” Knowledge of
n—a person may qualify for the contiguous property owner
contamination resulting from all appropriate inquiries would
liability protection if, among other requirements, such person
not generally preclude this liability protection. A person must
owns real property that is contiguous to, and that is or may be
make all appropriate inquiries on or before the date of
contaminated by hazardous substances from other real prop-
purchase. The facility must have been purchased after January
erty that is not owned by that person. Furthermore, such person
11, 2002. See Appendix X1 for the other necessary require-
conducted all appropriate inquiries at the time of acquisition
ments that are beyond the scope of this Practice.
of the subject property and did not know or have reason to
3.2.10 Brownfields Amendments, n—amendments to CER-
know that the subject property was or could be contaminated
CLA pursuant to the Small Business Liability Relief and
by a release or threatened release from the contiguous prop-
Brownfields Revitalization Act, Pub. L. No. 107-118 (2002),
erty. The all appropriate inquiries must not result in knowl-
42 U.S.C. § 9601 et seq.
edge of contamination. If it does, then such person did “know”
3.2.11 building department records, n—those records of the
or “had reason to know” of contamination and would not be
local government in which a subject property is located
eligible for the contiguous property owner liability protection.
indicating permission of the local government to construct,
See Appendix X1 for the other necessary requirements that are
alter, or demolish improvements on a subject property.
beyond the scope of this practice.
3.2.12 business environmental risk (BER), n—a risk that can
3.2.18 controlled recognized environmental condition, n—a
have a material environmental or environmentally-driven im-
recognized environmental condition affecting the subject prop-
pact on the business associated with the current or planned use
erty that has been addressed to the satisfaction of the applicable
of commercial real estate, not necessarily related to those
regulatory authority or authorities with hazardous substances
environmental issues required to be investigated in this prac-
or petroleum products allowed to remain in place subject to
tice. Consideration of BER issues may involve addressing one
implementation of required controls (for example, activity and
or more non-scope considerations, some of which are identified
use limitations or other property use limitations). For examples
in Section 13.
of controlled recognized environmental conditions, see Appen-
3.2.13 commercial real estate, n—any real property except a
dix X4.
dwelling or property with no more than four dwelling units
3.2.18.1 Discussion—Identification of a controlled recog-
exclusively for residential use (except that a dwelling or
nized environmental condition is a multi-step process that must
property with no more than four dwelling units exclusively for
be reflected in the report’s Findings and Opinions sections, as
residential use is included in this term when it has a commer-
described in 12.5 and 12.7, including the environmental
cial function, as in the construction of such dwellings for
professional’s rationale for concluding that a finding is a
profit). This term includes, but is not limited to, undeveloped
controlled recognized environmental condition:
real property and real property used for industrial, retail, office,
(1) When determining whether a recognized environmental
agricultural, other commercial, medical, or educational pur-
condition has been “addressed to the satisfaction of the
poses; property used for residential purposes that has more
applicable regulatory authority or authorities with hazardous
than four residential dwelling units; and property with no more
substances or petroleum products allowed to remain in place,”
than four dwelling units for residential use when it has a
the environmental professional shall review reasonably ascer-
commercial function, as in the construction of such dwellings
tainable documentation, such as no further action letters (or
for profit.
similar certifications or approvals) issued by the applicable
3.2.14 commercial real estate transaction, n—a transfer of regulatory authority or authorities, or, in the case of self-
title to or possession of real property or receipt of a security directed actions (where allowed), documentation and relevant
interest in real property, except that it does not include transfer data that satisfy risk-based criteria established by the appli-
of title to or possession of real property or the receipt of a cable regulatory authority.
security interest in real property with respect to an individual (2) In determining whether a recognized environmental
dwelling or building containing fewer than five dwelling units, condition is “subject to implementation of controls (for
E2247 − 23
example, property use limitations or activity and use runoff, for the collection of spilled liquids (intentional and
limitations),” the environmental professional shall identify the non-intentional), and wastewater disposal (often illegal).
documentation providing the property use limitation or activity
3.2.25 due diligence, n—the process of inquiring into the
and use limitation that addresses the recognized environmental
environmental characteristics of a parcel of forestland or rural
condition in the report’s Findings and Opinions section(s).
property or other conditions, usually in connection with a real
(3) When the environmental professional determines that a
estate transaction. The degree and kind of due diligence vary
recognized environmental condition is “subject to implemen-
for different properties and differing purposes. See Appendix
tation of controls (for example, property use limitations or
X1.
activity and use limitations),” this determination does not
3.2.26 dwelling, n—structure or portion thereof used for
imply that the environmental professional has evaluated or
residential habitation.
confirmed the adequacy, implementation, or continued effec-
3.2.27 engineering controls, n—physical modifications to a
tiveness of the property use limitation or activity and use
site or facility (for example, capping, slurry walls, or point of
limitation.
use water treatment) to reduce or eliminate the potential for
(4) A past release that previously qualified as a controlled
exposure to hazardous substances or petroleum products in the
recognized environmental condition may no longer constitute a
soil or groundwater on a property. Engineering controls are a
controlled recognized environmental condition at the time of
type of activity and use limitation (AUL).
the Phase I Environmental Site Assessment if new conditions or
information have been identified such as, among other things, 3.2.28 environment, n—environment shall have the same
meaning as the definition of “environment” in CERCLA 42
a change in regulatory criteria, a change of use at the subject
property, or a subsequently identified migration pathway that U.S.C. § 9601(8). For additional background information, see
Legal Appendix (Appendix X1.1.1) “Releases or Threatened
was not previously known or evaluated. As noted, the report’s
Findings and Opinions section(s) shall include the environmen- Releases.”
tal professional’s rationale for concluding that a condition at
3.2.29 environmental compliance audit, n—the investiga-
the subject property is or is not currently a recognized
tive process to determine if the operations of an existing
environmental condition or controlled recognized environmen-
facility are in compliance with applicable environmental laws
tal condition.
and regulations. This term should not be used to describe this
practice, although an environmental compliance audit may
3.2.19 data failure, n—a failure to achieve the historical
include an environmental site assessment or, if prior audits are
research objectives in 8.3.1 even after reviewing the standard
available, may be part of an environmental site assessment.
historical resources in 8.3.4.1 through 8.3.4.3 that are reason-
ably ascertainable and likely to be useful. Data failure is one 3.2.30 environmental lien, n—a charge, security, or encum-
type of data gap. See 8.3.7.
brance upon title to a property to secure the payment of a cost,
damage, debt, obligation, or duty arising out of response
3.2.20 data gap, n—a lack of or inability to obtain informa-
actions, cleanup, or other remediation of hazardous substances
tion required by this practice despite good faith efforts by the
or petroleum products upon a property, including, but not
environmental professional to gather such information. Data
limited to, liens imposed pursuant to CERCLA 42 U.S.C.
gaps may result from incompleteness in any of the activities
§§9607(1) and 9607(r) and similar state or local laws.
required by this practice, including, but not limited to site
3.2.31 environmental professional, n—a person meeting the
reconnaissance (for example, an inability to conduct the site
education, training, and experience requirements as set forth in
visit), and interviews (for example, an inability to interview the
40 C.F.R. § 312.10(b). For the convenience of the reader, this
key site manager, regulatory officials, etc.). See 12.5.1.
section is reprinted in Appendix X2. The person may be an
3.2.21 de minimis condition, n—a condition related to a
independent contractor or an employee of the user.
release that generally does not present a threat to human health
3.2.32 environmental site assessment (ESA), n—the process
or the environment and that generally would not be the subject
by which a person or entity seeks to determine if a subject
of an enforcement action if brought to the attention of
property is subject to recognized environmental conditions. At
appropriate governmental agencies. A condition determined to
the option of the user, an environmental site assessment may
be a de minimis conditions condition is not a recognized
include more inquiry than that constituting all appropriate
environmental condition nor a controlled recognized environ-
inquiries or, if the user is not concerned about qualifying for
mental condition.
the LLPs, less inquiry than that constituting all appropriate
3.2.22 demolition debris, n—concrete, brick, asphalt, and
inquiries (see Appendix X1).
other such building materials discarded in the demolition of a
3.2.33 ERNS list, n—EPA’s emergency response notification
building or other improvement to a property.
system list of reported CERCLA hazardous substance releases
3.2.23 drum, n—a container (typically, but not necessarily,
or spills in quantities greater than the reportable quantity, as
holding 55 gal [208 L] of liquid) that may be used to store
maintained at the National Response Center. Notification
hazardous substances or petroleum products.
requirements for such releases or spills are codified in 40
C.F.R. Parts 302 and 355.
3.2.24 dry wells, n—underground areas where soil has been
removed and typically replaced with pea gravel, coarse sand, or 3.2.34 fill dirt, n—dirt, soil, sand, or other earth, that is
large rocks. Dry wells are used for drainage, to control storm obtained offsite, that is used to fill holes or depressions, create
E2247 − 23
mounds, or otherwise artificially change the grade or elevation 3.2.40 hazardous waste contaminated sites, n—sites on
of real property. It does not include material that is used in which a release has occurred, or is suspected to have occurred,
of any hazardous substance, hazardous waste, or petroleum
limited quantities for normal landscaping activities.
products, and that release or suspected release has been
3.2.35 fire insurance maps, n—maps originally produced for
reported to a government entity.
fire insurance purposes that indicate uses of properties at
3.2.41 historical recognized environmental condition, n—a
specified dates.
previous release of hazardous substances or petroleum prod-
3.2.36 forestland, n—property that is either unmanaged land
ucts affecting the subject property that has been addressed to
or managed land where forest management principles are
the satisfaction of the applicable regulatory authority or au-
applied to the regeneration, utilization, productivity, and con-
thorities and meeting unrestricted use criteria established by
servation of forests to meet specific goals. Both managed and
the applicable regulatory authority or authorities without sub-
unmanaged forestland may have roads and limited areas of
jecting the subject property to any controls (for example,
development.
activity and use limitations or other property use limitations).
A historical recognized environmental condition is not a
3.2.37 good faith, n—the absence of any intention to seek an
recognized environmental condition. For examples of histori-
unfair advantage or to defraud another party; an honest and
cal recognized environmental conditions, see Appendix X4.
sincere intention to fulfill one’s obligations in the conduct or
3.2.41.1 Discussion—Identification of a historical recog-
transaction concerned.
nized environmental condition is a multi-step process that must
3.2.38 hazardous substance, n—a substance defined as a
be reflected in the report’s Findings and Opinions section(s), as
hazardous substance pursuant to CERCLA 42 U.S.C. §
described in 12.5 and 12.6, including the environmental
9601(14), as interpreted by EPA regulations and the courts:
professional’s rationale for concluding that a finding is a
“(A) any substance designated pursuant to section
historical recognized environmental condition:
1321(b)(2)(A) of Title 33, (B) any element, compound,
(1) When determining whether a recognized environmental
mixture, solution, or substance designated pursuant to section
condition has been “addressed to unrestricted use criteria
9602 of this title, (C) any hazardous waste having the
established by a regulatory authority or authorities,” the
characteristics identified under or listed pursuant to section
environmental professional shall review reasonably ascertain-
3001 of the Resource Conservation and Recovery Act of 1976
able documentation and relevant data that demonstrate that
(RCRA), as amended, (42 U.S.C. § 6921) (but not including
unrestricted use criteria established by the applicable regula-
any waste the regulation of which under RCRA (42 U.S.C. §
tory authority or authorities was met.
6901 et seq.) has been suspended by Act of Congress), (D) any
(2) A past release that qualified as a historical recognized
toxic pollutant listed under section 1317(a) of Title 33, (E) any
environmental condition may no longer qualify as a historical
hazardous air pollutant listed under section 112 of the Clean
recognized environmental condition if new conditions or
Air Act (42 U.S.C. §7412), and (F) any imminently hazardous
information have been identified such as, among other things,
chemical substance or mixture with respect to which the
a change in regulatory criteria or a subsequently identified
Administrator (of EPA) has taken action pursuant to section
migration pathway that was not previously known or evalu-
2606 of Title 15. The term does not include petroleum,
ated. As noted, the report’s Findings and Opinions section(s)
including crude oil or any fraction thereof which is not
shall include the environmental professional’s rationale for
otherwise specifically listed or designated as a hazardous concluding that a condition at the subject property is or is not
substance under subparagraphs (A) through (F) of this
currently a recognized environmental condition or a historical
paragraph, and the term does not include natural gas, natural recognized environmental condition.
gas liquids, liquefied natural gas, or synthetic gas usable for
3.2.42 IC/EC registries, n—databases of institutional con-
fuel (or mixtures of natural gas and such synthetic gas)” See
trols or engineering controls that may be maintained by a
Appendix X1 and X6.10.
federal, state or local environmental agency for purposes of
tracking sites that may contain residual contamination and
3.2.39 hazardous waste, n—any hazardous waste having the
AULs. The names for these may vary from program to program
characteristics identified under or listed pursuant to section
and state to state, and include terms such as, but not limited to
3001 of RCRA, as amended, (42 U.S.C. § 6921) (but not
the following: Declaration of Environmental Use Restriction
including any waste the regulation of which under RCRA (42
database (Arizona), Land Use Restriction Sites (California
U.S.C. §§ 6901-6992k) has been suspended by Act of Con-
Department of Toxic Substances Control), Sites with Deed
gress). RCRA is sometimes also identified as the Solid Waste
Restrictions (California State Water Resources Control Board),
Disposal Act. RCRA defines a hazardous waste, at 42 U.S.C. §
Environmental Covenant List (Washington), Sites With Envi-
6903, as: “A solid waste, or combination of solid wastes, which
ronmental Covenants and Use Restrictions (Colorado), Institu-
because of its quantity, concentration, or physical, chemical, or
tional Control Registry (Indiana), Environmental Site Tracking
infectious characteristics may: (A) cause, or significantly
and Research Tool (Missouri), and the Pennsylvania Activity
contribute to, an increase in mortality or an increase in serious
and Use Limitation (PA AUL) Registry.
irreversible, or incapacitating reversible, illness, or (B) pose a
substantial present or potential hazard to human health or the 3.2.43 innocent landowner [42 U.S.C. §§ 9601(35) &
environment when improperly treated, stored, transported, or
9607(b)(3)], n—a person may qualify as one of three types of
disposed of, or otherwise managed.” innocent landowners: (1) a person who “did not know and had
E2247 − 23
no reason to know” that contamination existed on the subject 3.2.49 landowner liability protections (LLPs), n—a defense
property at the time the purchaser acquired the subject prop- to CERCLA available to bona fide prospective purchasers,
contiguous property owners, and innocent landowners. See 42
erty; (2) a government entity which acquired the property by
escheat, or through any other involuntary transfer or U.S.C. §§ 9601(35)(A), 9601(40), 9607(q), and 9607(r).
acquisition, or through the exercise of eminent domain author-
3.2.50 local government agencies, n—those agencies of
ity by purchase or condemnation; or (3) a person who
municipal or county government having jurisdiction over the
“acquired the facility by inheritance or bequest.” To qualify for
subject property. Municipal and county government agencies
the innocent landowner defense, such person must have made
include, but are not limited to, cities, parishes, townships, and
all appropriate inquiries on or before the date of purchase.
similar entities.
Furthermore, the all appropriate inquiries must not have
3.2.51 major occupants, n—those occupants, sub
resulted in knowledge of the contamination. If it does, then
occupants, or other persons or entities each of which uses at
such person did “know” or “had reason to know” of contami-
least 40 % of the leasable area of the subject property.
nation and would not be eligible for the innocent landowner
defense. See Appendix X1 for the other necessary requirements
3.2.52 material safety data sheet (MSDS), n—see Safety
that are beyond the scope of this practice. Data Sheet.
3.2.44 institutional controls (IC), n—a legal or administra- 3.2.53 material threat, n—an obvious threat which is likely
tive restriction (for example, “deed restrictions”, restrictive to lead to a release and that, in the opinion of the environmental
professional, would likely result in impact to public health or
covenants, easements, or zoning) on the use of, or access to, a
site or facility to (1) reduce or eliminate potential exposure to the environment. An example might include an aboveground
storage tank system that contains a hazardous substance and
hazardous substances or petroleum products in the soil or
which shows evidence of damage. The damage would repre-
ground water on the property, or (2) to prevent activities that
sent a material threat if it is deemed serious enough that it may
could interfere with the effectiveness of a response action, in
cause or contribute to tank integrity failure with a release of
order to ensure maintenance of a condition of no significant
contents to the environment.
risk to public health or the environment. An institutional
control is a type of activity and use limitation (AUL).
3.2.54 migrate/migration, n/v—for the purposes of this
practice, “migrate” and “migration” refers to the movement of
3.2.45 interviews, n—those portions of this practice that are
hazardous substances or petroleum products in any form,
conducted to gather information from an individual or indi-
including, for example, solid and liquid at the surface or
viduals in person, by telephone, in writing, or via other
subsurface, and vapor in the subsurface.
electronic media to meet the objectives of this practice.
3.2.54.1 Discussion—Vapor migration in the subsurface is
3.2.46 key site manager, n—the person identified by the
described in Guide E2600; however, nothing in this practice
owner of a subject property as having good knowledge of the
should be construed to require application of Guide E2600 to
uses and physical characteristics of the subject property. See
achieve compliance with all appropriate inquiries.
10.5.1.
3.2.55 National Priorities List (NPL), n—list compiled by
3.2.47 land title records, n—records that affect the title of
EPA pursuant to CERCLA 42 U.S.C. § 9605(a)(8)(B) of sites
real estate, which may include, among other things, deeds,
with the highest priority for cleanup pursuant to EPA’s Hazard
mortgages, leases, land contracts, court orders, easements, and
Ranking System. See 40 C.F.R. Part 300.
AULs recorded within the recording systems or land registra-
3.2.56 Natural Areas Inventory, n—list compiled by various
tion systems created by state statute in every state and
state agencies that shows records of reported observations of
ordinarily administered in the local jurisdiction (usually the
threatened and endangered species.
county) in which the subject property is located, and available
by performing a title search. Such records are typically held at
3.2.57 obvious, adj—that which is plain or evident; a
the county, Tribal or administrative office, or Bureau of Indian
condition or fact that could not be ignored or overlooked by a
Affairs. These records are publicly accessible, though the
reasonable observer.
process of performing a title search to find land title records
3.2.58 occupants, n—those tenants, subtenants, or other
often requires specialized expertise or knowledge of the local
persons or entities using a property or a portion of a property
system. See 5.4 (AULs and Environmental Liens in Land Title
and includes, but is not limited to, scattered residential
Records). Information about the title to the subject property
tenancies, agricultural and silvicultural tenancies, small-scale
that is filed or stored in any place other than where land title
commercial/industrial tenancies, and recreational tenancies
recordsare, by law or custom, recorded for the local jurisdic-
such as hunting clubs.
tion in which the subject property is located, are not considered
land title records.
3.2.59 operator, n—the person responsible for the overall
operation of a facility.
3.2.48 landfill, n—a place, location, tract of land, area, or
premises used for the disposal of solid wastes as defined by
3.2.60 other historical resources, n—any resource other
state solid waste regulations. The term is synonymous with the than those designated in 8.3.4.1 through 8.3.4.3 that are
term solid waste disposal site and is also known as a garbage
credible to a reasonable person and identify past uses of
dump, trash dump, or similar term. properties. See 8.3.5.
E2247 − 23
3.2.61 owner, n—generally the fee owner of record of a records, which do not have adequate address information to be
property. located geographically, are not generally considered practi-
cally reviewable. For large databases with numerous records
3.2.62 petroleum exclusion, n—exclusion from CERCLA
(such as RCRA hazardous waste generators and registered
liability provided in 42 U.S.C. § 9601(14), as interpreted by the
underground storage tanks), the records are not practically
courts and EPA: “The term (hazardous substance) does not
reviewable unless they can be obtained from the source agency
include petroleum, including crude
...

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: E2247 − 16 E2247 − 23
Standard Practice for
Environmental Site Assessments: Phase I Environmental
Site Assessment Process for Forestland or Rural Property
This standard is issued under the fixed designation E2247; 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
1.1 Purpose—The purpose of this practice is to provide an alternative method to ASTM E1527 for good commercial and
customary practicepractices in the United States of America for conducting a Phase I Environmental Site Assessment of forestland
or rural property with respect to the range of contaminants within the scope of the 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, contiguous propertycontiguous 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 inquiries” into the previous ownership and uses of thea property consistent with good
commercial or customary practice” and customary standards and practices as defined at 42 U.S.C. §9601(35)(B). (See Appendix
X1 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 (BER) associated with
a parcel of commercial real estate may necessitate investigation beyond that identified in this practice (see 1.4 and Section 13).
1.1.1 Standard Practice Selection—The methodology included in this practice is an effective and practical process for achieving
the objectives of a Phase I Environmental Site Assessment of forestland or rural property when some of the methodologies of
ASTM E1527 are deemed to be impractical or unnecessary due to the size or nature of the property. This practice is intended to
provide a more practical approach to assess rural and forestland properties that are generally uniform in use. A primary
consideration in applying this practice instead of E1527 is the nature and extent of the property being assessed, as the typical
environmental concerns, sources for interviews and records, and the methodology used to perform the site reconnaissance may
differ significantly. The property to be assessed using this standard practice need not be contiguous and may contain isolated areas
of non-forestland and non-rural property.Site reconnaissance of isolated areas of the property that include activities outside the
definition of forestland or rural property should be addressed using methodologies such as those provided in E1527-13,, which
may be conducted and reported in conjunction with this practice, as discussed in section 4.5.3.
1.1.2 Recognized Environmental Conditions—In defining a standard of good commercial and customary practice for conducting
an The 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 conditionscondition means (1) the presence or likely
presence of any of hazardous substances or petroleum products in, on, or at athe subject property: (1)due to any release to the
environment; (2) under conditions indicativethe likely presence of hazardous substances or petroleum products in, on, or at the
This practice is under the jurisdiction of ASTM Committee E50 on Environmental Assessment, Risk Management and Corrective Action and is the direct responsibility
of Subcommittee E50.02 on Real Estate Assessment and Management.
Current edition approved Dec. 1, 2016Nov. 1, 2023. Published January 2017December 2023. Originally approved in 2002. Last previous edition approved in 20082016
as E2247 – 08.E2247 – 16. DOI: 10.1520/E2247-16.10.1520/E2247-23.
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.
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
E2247 − 23
subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum
products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment. A
De minimis conditionsde minimis condition areis not a recognized environmental conditions.condition.
1.1.3 Related Standard Practices—This practice is closely related to Standard Practice E1527. Standard Practice E1527 is an
environmental site assessment for commercial real estate (see 4.3).
1.1.4 Petroleum Products—Petroleum products are included within the scope of this practice because they are of concern with
respect to many parcels of forestland or rural property and current custom and usage is to include an inquiry into the presence of
petroleum products when doingconducting an environmental site assessment of forestland or rural property. Inclusion of petroleum
products within the scope of this practice is not based upon the applicability, if any, of CERCLA to petroleum products. (See
Appendix X1 for discussion of petroleum exclusion to CERCLA liability.)
1.1.5 CERCLA Requirements Other Than Appropriate Inquiries—This practice does not address whether requirements in addition
to all appropriate inquiries have been met in order to qualify for the LLPs (for example, the duties specified in 42 U.S.C.
§9607(b)(3)(a)§§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).
1.1.6 Other Federal, State, and Local Environmental Laws—This practice does not address requirements of any state or local laws
or of any federal laws other than the all appropriate inquiriesAll Appropriate Inquiries 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 should also be aware that there are likely to be other legal obligations with regard to hazardous substances or petroleum
products discovered on a in, on, or at the subject property that are not addressed in this practice and that may pose risks of civil
and/or criminal sanctions for non-compliance.
1.1.7 Documentation—The scope of this practice includes research and reporting requirements that support the user’s ability to
qualify for the LLPs. As such, sufficient documentation of all sources, records, and resources utilized in conducting the inquiry
required by this practice must be provided in the written report (refer to 8.1.88.1.9 and 12.2).
1.2 Objectives—Objectives guiding the development of this practice are (1) to synthesize and put in writing good commercial and
customary practicepractices for environmental site assessments for forestland or rural property,property; (2) to facilitate high
quality, standardized environmental site assessments,assessments; (3) to provide a practical and reasonable standard practice for
all appropriate inquiries,inquiries; and (4) to clarify an industry standard for all appropriate inquiries in an effort to guide legal
interpretation of the LLPs.
1.3 Units—The values stated in inch-pound units are to be regarded as the standard. The values given in parentheses are
mathematical conversions to SI units that are provided for information only and are not considered standard.
1.4 Considerations Beyond Scope—The use of this practice is strictly limited to the scope set forth in this section. Section 13 of
this practice identifies, for informational purposes, certain environmental conditions (for example, threatened and endangered
species and non-point source considerations) that may exist on a forestland or rural property that are beyond the scope of this
practice, but may warrant discussion between the environmental professional and the user about a forestland or rural property
transaction. The need to include an investigation of any such conditions in the environmental professional’s scope of services
should be evaluated based upon, among other factors, the nature of the subject property and the reasons for performing the
assessment (for example, a more comprehensive evaluation of business environmental risk), and should be agreed upon between
the user and environmental professional as additional services beyond the scope of this practice prior to initiation of the
environmental site assessment process.
1.4 Organization of This Practice—This practice has 13 Sections and 5 appendixes. Section 1 concerns the Scope. Section 2
Many states and other jurisdictions have differing definitions for terms used throughout this practice, such as “release” and “hazardous substance.” If a Phase I
Environmental Site Assessment is being conducted to satisfy state requirements and to qualify for the state (or other jurisdiction) equivalent of LLPs, users and environmental
professionals are cautioned and encouraged to consider any differing jurisdictional requirements and definitions while performing the Phase I Environmental Site Assessment.
Substances that are outside the scope of this practice (for example, emerging contaminants that are not hazardous substance under CERCLA) may be regulated under state
law and may be federally regulated in the future. Although the presence or any release/threatened release of these substances are “non-scope considerations” under this
practice, the user may nonetheless decide to include such substances in the defined scope of work for which the environmental professional conducting the Phase I
Environmental Site Assessment is engaged. See 13.1.2.
E2247 − 23
relates to Referenced Documents. Section 3, Terminology, contains definitions of terms not unique to this practice, descriptions
of terms unique to this practice, and acronyms. Section 4 describes the Significance and Use of this practice. Section 5 provides
discussion regarding activity and use limitations. Section 6 describes the User’s Responsibilities. Sections 7 – 12 are the main body
of the Phase I Environmental Site Assessment, including evaluation and report preparation. Section 13 provides additional
information regarding non-scope considerations (see 1.3). The appendixes are included for information and are not part of the
procedures prescribed in this practice. Appendix X1 explains the liability and defense provisions of CERCLA that will assist the
user in understanding the user’s responsibilities under CERCLA; it also contains other important information regarding CERCLA,
the Brownfields Amendments, and this practice. Appendix X2 provides the definition of the environmental professional responsible
for the Phase I Environmental Site Assessment, as required in the “All Appropriate Inquiries” Final Rule (40 CFR Part 312).
Appendix X3 provides an optional User Questionnaire to assist the user and the environmental professional in gathering
information from the user that may be material to identifying recognized environmental conditions.Appendix X4 provides a
recommended table of contents and report format for a Phase I Environmental Site Assessment.Appendix X5 summarizes
non-scope considerations that persons may want to assess.
1.5 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility
of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory
limitations prior to use.
1.5 This practice offers a set of instructions for performing one or more specific operations and should be supplemented by
education, experience, and professional judgment. Not all aspects of this practice may be applicable in all circumstances. This
ASTM standard practice does not necessarily represent the standard of care by which the adequacy of a given professional service
must be judged, nor should this document be applied without consideration of a project’s unique aspects. The word “standard”
in the title means only that the document has been approved through the ASTM consensus process.
1.6 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility
of the user of this standard to establish appropriate safety, health, and environmental practices and determine the applicability of
regulatory limitations prior to use.
1.7 This international standard was developed in accordance with internationally recognized principles on standardization
established in the Decision on Principles for the Development of International Standards, Guides and Recommendations issued
by the World Trade Organization Technical Barriers to Trade (TBT) Committee.
2. Referenced Documents
2.1 ASTM Standards:
NOTE 1—Referenced ASTM standards imply their current versions.
D7297 Practice for Evaluating Residential Indoor Air Quality Concerns
E1465 Practice for Radon Control Options for the Design and Construction of New Low-Rise Residential Buildings (Withdrawn
2017)
E1527 Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
E1903 Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process
E2091 Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
E2121 Practice for Installing Radon Mitigation Systems in Existing Low-Rise Residential Buildings
E2308 Guide for Limited Asbestos Screens of Buildings (Withdrawn 2014)
E2356 Practice for Comprehensive Building Asbestos Surveys
E2418 Guide for Readily Observable Mold and Conditions Conducive to Mold in Commercial Buildings: Baseline Survey
Process (Withdrawn 2015)
E2600 Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions
E2790 Guide for Identifying and Complying With Continuing Obligations
2.2 Federal Statutes:
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA” or “Superfund”), as amended
by Superfund Amendments and Reauthorization Act of 1986 (“SARA”) and Small Business Liability Relief and Brownfields
Revitalization Act of 2002 (“Brownfields Amendments”), 42 U.S.C. §§9601 and the Brownfields Utilization, Investment, and
Local Development Act of 2018 (“BUILD”) 42 U.S.C. § 960 et seq.
For referenced ASTM standards, visit the ASTM website, www.astm.org, or contact ASTM Customer Service at [e-mail]. For Annual Book of ASTM Standards
volume information, refer to the standard’s Document Summary page on the ASTM website.
For example, if a leaking underground storage tank has been cleaned up to a commercial use standard, but does not meet unrestricted residential cleanup criteria, this
would be considered a controlled recognized environmental condition.The “control” is represented by the restriction that thelast approved version of this historical standard
is propertyreferenced use remain commercial.on www.astm.org.
Available from U.S. Government Publishing Office (GPO), 732 N. Capitol St., NW, Washington, DC 20401, http://www.gpo.gov.
E2247 − 23
Emergency Planning and Community Right-To-Know Act of 1986 (“EPCRA”), 42 U.S.C. §§11001 § 11001 et seq.
Freedom of Information Act, 5 U.S.C. §552 § 552 as amended by Public Law No. 104-231, 110 Stat. 3048
Resource Conservation and Recovery Act (also referred to as the Solid Waste Disposal Act), as amended (“RCRA”), 42 U.S.C
§6901 § 6901 et seq.
2.3 USEPA Documents:
“All Appropriate Inquiry” Final Rule (40 CFRC.F.R. Part 312)
Chapter 1 EPA, Subchapter J–Superfund, Emergency Planning, and Community Right-To-Know Programs, 40 CFRC.F.R. Parts
300-399
National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFRC.F.R. Part 300
2.4 Other Federal Agency Documents:
OSHA Hazard Communication Regulation,829 C.F.R. 29 CFR §1910.1200§ 1910.1200
3. Terminology
3.1 Scope—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. In determining
the meaning of any term used in this practice, unless the context indicates otherwise, words referencing the singular include and
apply to multiple examples of the same thing; words referencing the plural include the singular.
3.2 Definitions:
3.2.1 abandoned property—property, n—property that can be presumed to be deserted, or an intent to relinquish possession or
control can be inferred from the general disrepair or lack of activity thereon such that a reasonable person could believe that there
was an intent on the part of the current owner to surrender rights to the property.
3.2.2 activity and use limitations, (AULs)—n—legal or physical restrictions or limitations on the use of, or access to, a site or
facility: (1) to reduce or eliminate potential exposure to hazardous substances or petroleum products in the soil, soil vapor, ground
water, or surface water on thea property, or (2) to prevent activities that could interfere with the effectiveness of a response action,
in order to ensure maintenance of a condition of no significant risk to public health or the environment. These legal or physical
restrictions, which may include institutional and/or engineering controls, are intended to prevent adverse impacts to individuals
or populations that may be exposed to hazardous substances and petroleum products in the soil, soil vapor, ground water, or surface
water on thea property.
3.2.2.1 Discussion—
The term activity and use limitation (AUL) is taken from Guide E2091 to include both legal (that is, institutional) and physical (that
is, engineering) controls within its scope. Other agencies, organizations, and jurisdictions may define or utilize these terms
differently (for example, EPA and California do not include physical controls within their definitions of “institutional controls.”
Department of Defense and International County/City Management Association use “Land Use Controls.” The term “land use
restrictions” is used but is not defined in the Brownfields Amendments).
3.2.3 actual knowledge—knowledge, n—the knowledge actually possessed by an individual who is a real person, rather than an
entity. Actual knowledge is to be distinguished from constructive knowledge; that is, knowledge imputed to an individual or entity.
3.2.4 adjoining properties—properties, n—any real property or properties the border of which is contiguous or partially contiguous
with that of the subject property, or that would be contiguous or partially contiguous with that of the subject property but for a
street, road, or other thoroughfare separating them.
3.2.5 aerial photographs—photographs, n—The term “aerial photographs” means photographs taken from an aerial platform with
sufficient resolution to allow identification of development and activities of areas encompassing the activities.property.Aerial
photographs are often available from government agencies, libraries, historical societies, private collections or from commercial
companies. See 8.3.4.1 of this practice.
3.2.6 all appropriate inquiries—inquiries, n—that inquiry constituting “all appropriate inquiries into the previous ownership and
uses of the subject property consistent with good commercial or customary practice” standards and practices as defined in
CERCLA, 42 U.S.C. §9601(35)(B), § 9601(35)(B) and 40 C.F.R. Part 312, that will qualify a party to a forestland or rural property
Available from United States Environmental Protection Agency (EPA), William Jefferson Clinton Bldg., 1200 Pennsylvania Ave., NW, Washington, DC 20460,
http://www.epa.gov.
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transaction for one of the threshold criteria for satisfying the LLPs to CERCLA liability (42 U.S.C. §9601(A) and (B), §9607(b)(3),
§9607(q); and §9607(r)), §§ 9601(A) and (B), § 9607(b)(3), § 9607(q), and § 9607(r)), assuming compliance with other elements
of the defense. See Appendix X1.
3.2.7 approximate minimum search distance—distance, n—the area for which records must be obtained and reviewed pursuant to
Section 8 subject to the limitations provided in that section. This may include areas outside the subject property and shall be
measured from the nearest subject property boundary. This term is used in lieu of radius to include irregularly shaped properties.
3.2.8 area(s) of environmental interest—interest, n—an area or areas of the property with indications of activity that could have
resulted in the presence of a recognized environmental condition, especially areas where hazardous substances or petroleum
products may be used, handled, managed or stored or may have been used, handled, managed or stored in the past.
3.2.9 bona fide prospective purchaser liability protection—[42 U.S.C. § 9607(r)], n—(42 U.S.C. §9607(r)). A a person may qualify
as a bona fide prospective purchaser if, among other requirements, such person made “all appropriate inquiries into the previous
ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices.”
Knowledge of contamination resulting from all appropriate inquiries would not generally preclude this liability protection. A
person must make all appropriate inquiries on or before the date of purchase. The facility must have been purchased after January
11, 2002. See Appendix X1 for the other necessary requirements that are beyond the scope of this Practice.
3.2.10 Brownfields Amendments—Amendments, n—amendments to CERCLA pursuant to the Small Business Liability Relief and
Brownfields Revitalization Act, Pub. L. No. 107-118 (2002), 42 U.S.C. §§9601 § 9601 et seq.
3.2.11 building department records—records, n—those records of the local government in which thea subject property is located
indicating permission of the local government to construct, alter, or demolish improvements on thea subject property. Often
building department records are located in the building department of a municipality or county. See 8.3.4.3(5).
3.2.12 business environmental risk—risk (BER), n—a risk whichthat can have a material environmental or environmentally-driven
impact on the business associated with the current or planned use of a parcel of commercial real estate, not necessarily related to
those environmental issues required to be investigated in this practice. Consideration of business environmental riskBER issues
may involve addressing one or more non-scope considerations, some of which are identified in Section 13.
3.2.13 commercial real estate—estate, n—any real property except a dwelling or property with no more than four dwelling units
exclusively for residential use (except that a dwelling or property with no more than four dwelling units exclusively for residential
use is included in this term when it has a commercial function, as in the buildingconstruction of such dwellings for profit). This
term includes, but is not limited to, undeveloped real property and real property used for industrial, retail, office, agricultural, other
commercial, medical, or educational purposes; property used for residential purposes that has more than four residential dwelling
units; and property with no more than four dwelling units for residential use when it has a commercial function, as in the
buildingconstruction of such dwellings for profit.
3.2.14 commercial real estate transaction—transaction, n—a transfer of title to or possession of real property or receipt of a
security interest in real property, except that it does not include transfer of title to or possession of real property or the receipt of
a security interest in real property with respect to an individual dwelling or building containing fewer than five dwelling units, nor
does it include the purchase of a lot or lots to construct a dwelling for occupancy by a purchaser, but a commercial real estate
transaction does include real property purchased or leased by persons or entities in the business of buildingconstruction or
developing dwelling units.
3.2.15 Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS)—the list of sites
compiled by the United States Environmental Protection Agency (EPA) that EPA has investigated or is currently investigating for
potential hazardous substance contamination for possible inclusion on the National Priorities List.
3.2.15 construction debris—debris, n—concrete, brick, asphalt, and other such building materials discarded in the construction of
a building or other improvement to property.
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3.2.16 contaminated public wells—wells, n—public wells used for drinking water that have been designated by a government
entity as contaminated by hazardous substances (for example, chlorinated solvents), or petroleum products, or as having water
unsafe to drink without treatment.
3.2.17 contiguous property owner liability protection—[42 U.S.C. § 9607(q)], n—(42 U.S.C. §9607(q)). A a person may qualify
for the contiguous property owner liability protection if, among other requirements, such person owns real property that is
contiguous to, and that is or may be contaminated by hazardous substances from other real property that is not owned by that
person. Furthermore, such person conducted all appropriate inquiries at the time of acquisition of the subject property and did not
know or have reason to know that the subject property was or could be contaminated by a release or threatened release from the
contiguous property. The all appropriate inquiries must not result in knowledge of contamination. If it does, then such person did
“know” or “had reason to know” of contamination and would not be eligible for the contiguous property owner liability protection.
See Appendix X1 for the other necessary requirements that are beyond the scope of this Practice.practice.
3.2.18 controlled recognized environmental condition—condition, n—a recognized environmental condition resulting from a past
release of affecting the hazardous substancessubject property or petroleum productsthat has been addressed to the satisfaction of
the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting
risk-based criteria established by regulatory authority), or authorities with hazardous substances or petroleum products allowed to
remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use
limitations, limitationsinstitutional controls, or engineering controlsother )property. A condition use limitations considered by the
). For examples environmental professional to be a controlled recognized environmental condition shall be listed in the findings
section of the of Phase I Environmental Site Assessment report,controlled recognized environmental conditions, andsee Appendix
X4as a recognized environmental condition in the conclusions section of the .Phase I Environmental Site Assessment report.
NOTE 1—A condition identified as a controlled recognized environmental condition does not imply that the environmental professional has evaluated or
confirmed the adequacy, implementation, or continued effectiveness of the required control that has been, or is intended to be, implemented.
3.2.18.1 Discussion—
Identification of a controlled recognized environmental condition is a multi-step process that must be reflected in the report’s
Findings and Opinions sections, as described in 12.5 and 12.7, including the environmental professional’s rationale for concluding
that a finding is a controlled recognized environmental condition:
(1) When determining whether a recognized environmental condition has been “addressed to the satisfaction of the applicable
regulatory authority or authorities with hazardous substances or petroleum products allowed to remain in place,” the environmental
professional shall review reasonably ascertainable documentation, such as no further action letters (or similar certifications or
approvals) issued by the applicable regulatory authority or authorities, or, in the case of self-directed actions (where allowed),
documentation and relevant data that satisfy risk-based criteria established by the applicable regulatory authority.
(2) In determining whether a recognized environmental condition is “subject to implementation of controls (for example,
property use limitations or activity and use limitations),” the environmental professional shall identify the documentation
providing the property use limitation or activity and use limitation that addresses the recognized environmental condition in the
report’s Findings and Opinions section(s).
(3) When the environmental professional determines that a recognized environmental condition is “subject to implementation
of controls (for example, property use limitations or activity and use limitations),” this determination does not imply that the
environmental professional has evaluated or confirmed the adequacy, implementation, or continued effectiveness of the property
use limitation or activity and use limitation.
(4) A past release that previously qualified as a controlled recognized environmental condition may no longer constitute a
controlled recognized environmental condition at the time of the Phase I Environmental Site Assessment if new conditions or
information have been identified such as, among other things, a change in regulatory criteria, a change of use at the subject
property, or a subsequently identified migration pathway that was not previously known or evaluated. As noted, the report’s
Findings and Opinions section(s) shall include the environmental professional’s rationale for concluding that a condition at the
subject property is or is not currently a recognized environmental condition or controlled recognized environmental condition.
3.2.20 CORRACTS list—list maintained by EPA of hazardous waste treatment, storage, or disposal facilities and other
RCRA-regulated facilities (due to past interim status or storage of hazardous waste beyond 90 days) who have been notified by
the EPA to undertake corrective action under the Resource Conservation and Recovery Act (RCRA).
3.2.19 data failure—failure, n—a failure to achieve the historical research objectives in 8.3.1 through 8.3.2.2even after reviewing
the standard historical sourcesresources in 8.3.48.3.4.1 through 8.3.4.3 that are reasonably ascertainable and likely to be useful.
Data failure is one type of data gap. See 8.3.2.38.3.7.
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3.2.20 data gap—gap, n—a lack of or inability to obtain information required by this practice despite good faith efforts by the
environmental professional to gather such information. Data gaps may result from incompleteness in any of the activities required
by this practice, including, but not limited to site reconnaissance (for example, an inability to conduct the site visit), and interviews
(for example, an inability to interview the key site manager, regulatory officials, and so forth). etc.). See 12.712.5.1.
3.2.21 de minimis condition—condition, n—a condition related to a release that generally does 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 A condition determined to be a de minimis conditions are not condition is not a recognized
environmental conditionscondition or nor a controlled recognized environmental conditions.condition.
3.2.22 demolition debris—debris, n—concrete, brick, asphalt, and other such building materials discarded in the demolition of a
building or other improvement to a property.
3.2.23 drum—drum, n—a container (typically, but not necessarily, holding 55 gal [208 L] of liquid) that may be used to store
hazardous substances or petroleum products.
3.2.24 dry wells—wells, n—underground areas where soil has been removed and typically replaced with pea gravel, coarse sand,
or large rocks. Dry wells are used for drainage, to control storm runoff, for the collection of spilled liquids (intentional and
non-intentional), and wastewater disposal (often illegal).
3.2.25 due diligence—diligence, n—the process of inquiring into the environmental characteristics of a parcel of forestland or
rural property or other conditions, usually in connection with a real estate transaction. The degree and kind of due diligence vary
for different properties and differing purposes. See Appendix X1.
3.2.26 dwelling—dwelling, n—structure or portion thereof used for residential habitation.
3.2.27 Emergency Responseengineering controls, Notification n—System (ERNS) list—EPA’s list of reported CERCLA physical
modifications to a site or facility (for example, capping, slurry walls, or point of use water treatment) to reduce or eliminate the
potential for exposure to hazardous substancesubstances or releasespetroleum products or spills in quantities greater than the
reportable quantity, as maintained at the National Response Center. Notification requirements for such in the soil or groundwater
on a releasesproperty. orEngineering controls spills are codified in 40are a type of CFR Parts 302 and 355.activity and use
limitation (AUL).
3.2.28 environment—environment, n—environment shall have the same meaning as the definition of “environment” in CERCLA
42 U.S.C. § 9601(8). For additional background information, see Legal Appendix to section (Appendix X1.1.1) “Releases and
Threatened Release.”or Threatened Releases.”
3.2.29 environmental compliance audit—audit, n—the investigative process to determine if the operations of an existing facility
are in compliance with applicable environmental laws and regulations. This term should not be used to describe this practice,
although an environmental compliance audit may include an environmental site assessment or, if prior audits are available, may
be part of an environmental site assessment.
3.2.30 environmental lien—lien, n—a charge, security, or encumbrance upon title to a property to secure the payment of a cost,
damage, debt, obligation, or duty arising out of response actions, cleanup, or other remediation of hazardous substances or
petroleum products upon a property, including, but not limited to, liens imposed pursuant to CERCLA 42 U.S.C. §§9607(1) and
9607(r) and similar state or local laws.
3.2.31 environmental professional—professional, n—a person meeting the education, training, and experience requirements as set
forth in 40 CFR §312.10(b). C.F.R. § 312.10(b). For the convenience of the reader, this section is reprinted in Appendix X2. The
person may be an independent contractor or an employee of the user.
3.2.32 environmental site assessment (ESA)—(ESA), n—the process by which a person or entity seeks to determine if a particular
parcel of real subject property (including improvements) is subject to recognized environmental conditions. At the option of the
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user, an environmental site assessment may include more inquiry than that constituting all appropriate inquiries or, if the user is
not concerned about qualifying for the LLPs, less inquiry than that constituting all appropriate inquiries (see Appendix X1).
3.2.33 Federal RegisterERNS list, (FR)—n—publication of the UnitedEPA’s emergency response notification system list of
reported CERCLA States government publishedhazardous substance releases daily (except for federal holidays and weekends)
containing all proposed and final regulations and some other activities of the federal government. When regulations become final,
theyor spills in quantities greater than the reportable quantity, as maintained at the National Response Center. Notification
requirements for such arereleases included in the CFR, as well as published in theor spills are codified in 40 C.F.R. Parts 302 and
Federal Register.355.
3.2.34 fill dirt—dirt, n—dirt, soil, sand, or other earth, that is obtained offsite, that is used to fill holes or depressions, create
mounds, or otherwise artificially change the grade or elevation of real property. It does not include material that is used in limited
quantities for normal landscaping activities.
3.2.35 fire insurance maps—maps, n—maps originally produced for private fire insurance companiespurposes that indicate uses
of properties at specified dates and that encompass the dates.property. These maps are often available at local libraries, historical
societies, private resellers, or from the map companies who produced them.
3.2.36 forestland—forestland, n—property that is either unmanaged land or managed land where forest management principles are
applied to the regeneration, utilization, productivity, and conservation of forests to meet specific goals. Both managed and
unmanaged forestland may have roads and limited areas of development.
3.2.37 good faith—faith, n—the absence of any intention to seek an unfair advantage or to defraud another party; an honest and
sincere intention to fulfill one’s obligations in the conduct or transaction concerned.
3.2.38 hazardous substance—substance, n—a substance defined as a hazardous substance pursuant to CERCLA 42 U.S.C.
§9601(14), § 9601(14), as interpreted by EPA regulations and the courts: “(A) any substance designated pursuant to section
1321(b)(2)(A) of Title 33, (B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of this
title, (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Resource
Conservation and Recovery Act of 1976 (RCRA), as amended, (42 U.S.C. §6921) § 6921) (but not including any waste the
regulation of which under RCRA (42 U.S.C. §6901 § 6901 et seq.) has been suspended by Act of Congress), (D) any toxic pollutant
listed under section 1317(a) of Title 33, (E) any hazardous air pollutant listed under section 112 of the Clean Air Act (42 U.S.C.
§7412), and (F) any imminently hazardous chemical substance or mixture with respect to which the Administrator (of EPA) has
taken action pursuant to section 2606 of Title 15. The term does not include petroleum, including crude oil or any fraction thereof
which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of this
paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or
mixtures of natural gas and such synthetic gas)” See Appendix X1 and X6.10.
3.2.39 hazardous waste—waste, n—any hazardous waste having the characteristics identified under or listed pursuant to section
3001 of RCRA, as amended, (42 U.S.C. §6921) § 6921) (but not including any waste the regulation of which under RCRA (42
U.S.C. §6901§§ et seq.6901-6992k) ) has been suspended by Act of Congress). RCRA is sometimes also identified as the Solid
Waste Disposal Act. RCRA defines a hazardous waste, at 42 U.S.C. §6903, § 6903, as: “A solid waste, or combination of solid
wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics maymay: (A) cause, or
significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness;illness,
or (B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.”
3.2.40 hazardous waste contaminated sites—sites, n—sites on which a release has occurred, or is suspected to have occurred, of
any hazardous substance,hazardous waste, or petroleum products, and that release or suspected release has been reported to a
government entity.
3.2.41 historical recognized environmental condition—condition, n—a pastprevious release of any hazardous substances or
petroleum products that has occurred in connection with affecting the subject property andthat has been addressed to the
satisfaction of the applicable regulatory authority or meets unrestricted residential authorities and meeting unrestricted use criteria
established by a regulatory authority, the applicable regulatory authority or authorities without subjecting the subject property to
any required controls (for example, property use restrictions, activity and use limitations, limitationsinstitutional controls, or
E2247 − 23
engineering controlsother property use limitations). BeforeA calling the pasthistorical recognized environmental releasecondition
is not a historical recognized environmental condition,condition. the For examples of environmental professionalhistorical
recognized environmental conditions, mustsee Appendix X4determine whether the past .release is a recognized environmental
condition at the time the Phase I Environmental Site Assessment is conducted (for example, if there has been a change in the
regulatory criteria). If the EP considers the past release to be a recognized environmental condition at the time the Phase I ESA
is conducted, the condition shall be included in the conclusions section of the report as a recognized environmental condition.
3.2.41.1 Discussion—
Identification of a historical recognized environmental condition is a multi-step process that must be reflected in the report’s
Findings and Opinions section(s), as described in 12.5 and 12.6, including the environmental professional’s rationale for
concluding that a finding is a historical recognized environmental condition:
(1) When determining whether a recognized environmental condition has been “addressed to unrestricted use criteria
established by a regulatory authority or authorities,” the environmental professional shall review reasonably ascertainable
documentation and relevant data that demonstrate that unrestricted use criteria established by the applicable regulatory authority
or authorities was met.
(2) A past release that qualified as a historical recognized environmental condition may no longer qualify as a historical
recognized environmental condition if new conditions or information have been identified such as, among other things, a change
in regulatory criteria or a subsequently identified migration pathway that was not previously known or evaluated. As noted, the
report’s Findings and Opinions section(s) shall include the environmental professional’s rationale for concluding that a condition
at the subject property is or is not currently a recognized environmental condition or a historical recognized environmental
condition.
3.2.42 IC/EC registries—registries, n—databases of institutional controls or engineering controls that may be maintained by a
federal, state or local environmental agency for purposes of tracking sites that may contain residual contamination and AULs. The
names for these may vary from program to program and state to state, and include terms such as as, but not limited to the following:
Declaration of Environmental Use Restriction database (Arizona), list of “deed restrictions” (California), environmental real
covenants list (Co
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