ASTM E2247-08

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

SIGNIFICANCE AND USE
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 of 120 acres or greater taking into account commonly known and reasonably ascertainable information. While use of this practice is intended to constitute all appropriate inquiry 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 property. No implication is intended that a person must 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 a commercially prudent and reasonable inquiry. (See section 1.7.)
Clarifications on Use:
Use Not Limited to CERCLA—This practice is designed to assist the user in developing information about the environmental condition of a 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.
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 inquiry or for any other purpose. In addition, no implication is intended that it is currently cu...
SCOPE
1.1 Purpose—The purpose of this practice is to define good commercial and customary practice in the United States of America for conducting a Phase I environmental site assessment of a property 120 acres or greater of forestland or rural property or with a developed use of only managed forestland and/or agriculture with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and petroleum products. The property need not be contiguous; however, the non-contiguous areas should have substantially the same general land use and be part of the same transaction. The property may contain isolated areas of non-forestland and non-rural property. As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the “landowner liability protections,” or “LLPs”): that is, the practice that constitutes “all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice” as defined at 42 U.S.C. §9601(35)(B). (See 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.
1.1.1 Recognized Environmental Conditions—In defining a standard of good commercial and customary practice for conducting an environmental site assessment of a parce...

General Information

• Status: Historical
• Publication Date: 31-May-2008
• 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 E2247-02 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property
• Effective Date: 01-Jun-2008
• Replaced By: ASTM E2247-16 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property
• Effective Date: 01-Dec-2016
• Referred By: ASTM E3033-16 - Standard Guide for Beneficial Use of Landfills and Chemically Impacted Sites
• Effective Date: 01-Jun-2008
• Referred By: ASTM E2790-20 - Standard Guide for Identifying and Complying With Continuing Obligations
• Effective Date: 01-Jun-2008
• Referred By: ASTM E1903-19 - Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process
• Effective Date: 01-Jun-2008
• Referred By: ASTM E1528-22 - Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process
• Effective Date: 01-Jun-2008
• Referred By: ASTM E1527-21 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
• Effective Date: 01-Jun-2008
• Referred By: ASTM D6008-22 - Standard Practice for Determining the Environmental Condition of Federal Property
• Effective Date: 01-Jun-2008
• Referred By: ASTM E3358-23a - Standard Guide for Per- and Polyfluoroalkyl Substances Site Screening and Initial Characterization
• Effective Date: 01-Jun-2008
• Referred By: ASTM E2137-22 - Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters
• Effective Date: 01-Jun-2008
• Referred By: ASTM E2091-22 - Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
• Effective Date: 01-Jun-2008

Standards Content (Sample)

NOTICE: This standard has either been superseded and replaced by a new version or withdrawn.
Contact ASTM International (www.astm.org) for the latest information
Designation: E2247 − 08
Standard Practice for
Environmental Site Assessments: Phase I Environmental
1
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 1.1.1 Recognized Environmental Conditions—In defining a
standard of good commercial and customary practice for
1.1 Purpose—The purpose of this practice is to define good
conducting an environmental site assessment of a parcel of
commercial and customary practice in the United States of
property, the goal of the processes established by this practice
America for conducting a Phase I environmental site assess-
2 is to identify recognized environmental conditions. The term
ment of a property 120 acres or greater of forestland or rural
recognized environmental conditions means the presence or
property or with a developed use of only managed forestland
likely presence of any hazardous substances or petroleum
and/or agriculture with respect to the range of contaminants
products on a property under conditions that indicate an
within the scope of the Comprehensive Environmental
existing release, a past release, or a material threat of a release
Response, Compensation, and Liability Act (CERCLA) and
of any hazardous substances or petroleum products into
petroleum products. The property need not be contiguous;
structures on the property or into the ground, groundwater, or
however, the non-contiguous areas should have substantially
surface water of the property. The term includes hazardous
the same general land use and be part of the same transaction.
substances or petroleum products even under conditions in
The property may contain isolated areas of non-forestland and
compliance with laws. The term is not intended to include de
non-rural property.As such, this practice is intended to permit
minimis conditions that generally do not present a threat to
a user to satisfy one of the requirements to qualify for the
human health or the environment or that generally would not
innocent landowner, contiguous property owner,or bona fide
be the subject of an enforcement action if brought to the
prospective purchaser limitations on CERCLA liability
attention of appropriate governmental agencies. Conditions
(hereinafter,the“ landowner liability protections,”or“LLPs”):
determined to be de minimis are not recognized environmental
thatis,thepracticethatconstitutes“allappropriateinquiryinto
conditions.
the previous ownership and uses of the property consistent
1.1.2 Two Related Practices—This practice is closely re-
with good commercial or customary practice” as defined at 42
lated to Practice E1527. Practice E1527 is an environmental
U.S.C. §9601(35)(B). (See Appendix X1 for an outline of
site assessment for commercial real estate (see 4.3).
CERCLA’s liability and defense provisions.) Controlled sub-
1.1.3 Petroleum Products—Petroleum productsareincluded
stances are not included within the scope of this standard.
within the scope of this practice because they are of concern
Personsconductinganenvironmentalsiteassessmentaspartof
with respect to many parcels of forestland or rural property
an EPA Brownfields Assessment and Characterization Grant
and current custom and usage is to include an inquiry into the
awarded under CERCLA 42 U.S.C. §9604(k)(2)(B) must
presence of petroleum products when doing an environmental
include controlled substances as defined in the Controlled
site assessment of forestland or rural property. Inclusion of
Substances Act (21 U.S.C. §802) within the scope of the
petroleum products within the scope of this practice is not
assessment investigations to the extent directed in the terms
based upon the applicability, if any, of CERCLA to petroleum
and conditions of the specific grant or cooperative agreement.
products. (See Appendix X1 for discussion of petroleum
exclusion to CERCLA liability.)
1
This practice is under the jurisdiction of ASTM Committee E50 on Environ-
1.1.4 CERCLA Requirements Other Than Appropriate
mental Assessment, Risk Management and Corrective Action and is the direct
Inquiry—This practice does not address whether requirements
responsibility of Subcommittee E50.02 on Real Estate Assessment and Manage-
in addition to all appropriate inquiry have been met in order to
ment.
Current edition approved June 1, 2008. Published June 2008. Originally
qualify for the LLPs (for example, the duties specified in 42
approved in 2002. Last previous edition approved in 2002 as E2247 – 02. DOI:
U.S.C. §9607(b)(3)(a) and (b) and cited in A
...

This document is not anASTM standard and is intended only to provide the user of anASTM standard an indication of what changes have been made to the previous version. Because
it may not be technically possible to adequately depict all changes accurately, ASTM recommends that users consult prior editions as appropriate. In all cases only the current version
of the standard as published by ASTM is to be considered the official document.
Designation:E2247–02 Designation: E 2247 – 08
Standard Practice for
Environmental Site Assessments: Phase I Environmental
1
Site Assessment Process for Forestland or Rural Property
This standard is issued under the fixed designation E 2247; 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—ThepurposeofthispracticeistodefinegoodcommercialandcustomarypracticeintheUnitedStatesofAmerica
2
for conducting a Phase I environmental site assessment of a property 120 acres or greater of forestland or rural property or with
a developed use of only managed forestland and/or agriculture with respect to the range of contaminants within the scope of the
ComprehensiveEnvironmentalResponse,Compensation,andLiabilityAct(CERCLA)andpetroleumproducts.Thepropertyneed
not be adjoining;contiguous; however, the separatenon-contiguous areas should have substantially the same general land use and
be part of the same transaction. The property may contain isolated areas of non-forestland and non-rural property. As such, this
practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA
liability; that is, the practices that constitute “all appropriate inquiry into the previous ownership and uses of the innocent
landowner, contiguous property owner,or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the
“landowner liability protections ,” or “LLPs”): that is, the practice that constitutes “all appropriate inquiry into the previous
ownership and uses of the property consistent with good commercial or customary practice” as defined inat 42 U.S.C.
§9601(35)(B). (See Appendix X1 for an outline of CERCLA’s liability and defense provisions). 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 EPABrownfieldsAssessment and Characterization Grant awarded under CERCLA42
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.
1.1.1 RecognizedEnvironmentalConditions—Indefiningastandardofgoodcommercialandcustomarypracticeforconducting
an environmental site assessment of a parcel of property, the goal of the processes established by this practice is to identify
recognized environmental conditions.The term recognized environmental conditions means the presence or likely presence of any
hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a
material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground,
groundwater, or surface water of the property . The term includes hazardous substances or petroleum products even under
conditions in compliance with laws. The scope of the work in Section 12 (Non-Scope Considerations) also applies to conditions
that would affect the quality of water and threatened and endangered species on a property (as defined in the Clean WaterAct and
the Endangered Species Act specific to non-point source BMP deviations and the taking of threatened and endangered species).
The term is not intended to include even under conditions in compliance with laws. The term is not intended to include de minimis
conditions that generally do not present a material risk of harm threat to publichuman health or the environment or that generally
would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions
determined to be de minimis are not recognized environmental conditions .
1.1.2 Three Related Practices—This practice is closely related to Practices E1527 and E1528. Both E1527 and E1528 are
environmental site assessments Two Related Practices—This practice is closely related to Practice E 1527. Practice E 1527 is an
environmental site assessment for commercial real estate (see 4.3). This practice also shares similar protocols with Appendix
guidance documents X3 and X4: Phase I Environmental Site Assessmen
...