ASTM E1528-06
(Practice)Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process
Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process
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 transaction screen for a parcel of commercial real estate where the user wishes to conduct limited environmental due diligence (that is, less than a Phase I Environmental Site Assessment). If the driving force behind the environmental due diligence is a desire to qualify for one of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Landowner Liability Protections (LLPs), this practice should not be applied. Instead, the ASTM Practice E 1527 for Environmental Site Assessments: Phase I Environmental Site Assessment Process, may be used.Note 1
The user is advised that this practice will not satisfy the practices that constitute all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial or customary practice as defined in 42 U.S.C. 9601(35)(B) to establish the CERCLA LLPs.
1.2 An evaluation of business environmental risk associated with a parcel of commercial real estate may necessitate investigation beyond that identified in this practice. See Sections 1.4 and 11.
1.2.1 Potential Environmental Concerns— In defining a standard of good commercial and customary practice for conducting a transaction screen of a parcel of property, the goal of the processes established by this practice is to identify potential environmental concerns, as defined in 3.2.34.
1.2.2 Other Federal, State, and Local Environmental Laws—This practice does not address requirements of any state or local laws or of any federal laws. 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 property that are not addressed in this practice and may pose risks of civil and/or criminal sanctions for non-compliance.
1.3 Objective—The objective guiding the development of this practice is to facilitate standardized transaction screens.
1.3.1 Note of Caution—The user should be cautious in applying this practice to properties with known current or historic handling of hazardous substances or petroleum products.
1.4 Considerations Beyond the Scope—The use of this practice is strictly limited to the scope set forth in this section. Section 11 of this practice identifies, for informational purposes, certain environmental conditions (not an all-inclusive list) that may exist on a property that are beyond the scope of this practice but may warrant consideration by parties to a commercial real estate transaction. The need to include an investigation of any such conditions in the scope of services should be evaluated based upon, among other factors, the nature of the property and the reasons for performing the assessment (for example, a more comprehensive evaluation of business environmental risk) and should be agreed upon as additional services beyond the scope of this practice prior to initiation of the Transaction Screen Process.
1.5 Organization of This Practice—This practice has several parts and one appendix. Section is the Scope. Section refers to other ASTM standards in the Referenced Documents. Section , Terminology, has definitions of terms not unique to this practice, descriptions of terms unique to this practice, and acronyms. Section is Significance and Use of this practice. Section is the Introduction to the Transaction Screen Questionnaire. Section sets forth the Transaction Screen Questionnaire itself. Sections contain the Guide to the Transaction Screen Questionnaire and its various parts. Section provides additional information regarding non-scope considerations. See 1.4.
This standard does not purport to address all of the safety concerns, if any, associated with its use. It is...
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Designation: E1528 − 06
StandardPractice for
Limited Environmental Due Diligence: Transaction Screen
1
Process
This standard is issued under the fixed designation E1528; 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 petroleum products discovered on property that are not ad-
dressed in this practice and may pose risks of civil and/or
1.1 Purpose—The purpose of this practice is to define good
criminal sanctions for non-compliance.
commercial and customary practice in the United States of
2
America for conducting a transaction screen for a parcel of
1.3 Objective—The objective guiding the development of
commercial real estate where the user wishes to conduct
this practice is to facilitate standardized transaction screens.
limited environmental due diligence (that is, less than a Phase
1.3.1 Note of Caution—The user should be cautious in
I Environmental Site Assessment). If the driving force behind
applying this practice to properties with known current or
theenvironmental due diligenceisadesiretoqualifyforoneof
historic handling of hazardous substances or petroleum prod-
the Comprehensive Environmental Response, Compensation,
ucts.
and Liability Act (CERCLA) Landowner Liability Protections
(LLPs), this practice should not be applied. Instead, theASTM
1.4 Considerations Beyond the Scope—The use of this
Practice E1527 for Environmental Site Assessments: Phase I
practice is strictly limited to the scope set forth in this section.
Environmental Site Assessment Process, may be used.
Section 11 of this practice identifies, for informational
NOTE 1—The user is advised that this practice will not satisfy the
purposes, certain environmental conditions (not an all-
practices that constitute all appropriate inquires into the previous owner-
inclusive list) that may exist on a property that are beyond the
ship and uses of the property consistent with good commercial or
scope of this practice but may warrant consideration by parties
customary practice as defined in 42 U.S.C. §9601(35)(B) to establish the
CERCLA LLPs. to a commercial real estate transaction. The need to include an
investigation of any such conditions in the scope of services
1.2 An evaluation of business environmental risk associated
should be evaluated based upon, among other factors, the
with a parcel of commercial real estate may necessitate
nature of the property and the reasons for performing the
investigation beyond that identified in this practice. See Sec-
assessment (for example, a more comprehensive evaluation of
tions 1.4 and 11.
business environmental risk) and should be agreed upon as
1.2.1 Potential Environmental Concerns—In defining a
additional services beyond the scope of this practice prior to
standard of good commercial and customary practice for
initiation of the Transaction Screen Process.
conducting a transaction screen of a parcel of property, the
goal of the processes established by this practice is to identify
1.5 Organization of This Practice—Thispracticehasseveral
potential environmental concerns, as defined in 3.2.34.
partsandoneappendix.Section1istheScope.Section2refers
1.2.2 Other Federal, State, and Local Environmental
to other ASTM standards in the Referenced Documents.
Laws—Thispracticedoesnotaddressrequirementsofanystate
Section 3, Terminology, has definitions of terms not unique to
or local laws or of any federal laws. Users are cautioned that
this practice, descriptions of terms unique to this practice, and
federal, state, and local laws may impose environmental
acronyms. Section 4 is Significance and Use of this practice.
assessment obligations that are beyond the scope of this
Section 5 is the Introduction to the Transaction Screen Ques-
practice. Users should also be aware that there are likely to be
tionnaire. Section 6 sets forth the Transaction Screen Ques-
other legal obligations with regard to hazardous substances or
tionnaire itself. Sections 7-10 contain the Guide to the Trans-
action Screen Questionnaire and its various parts. Section 11
provides additional information regarding non-scope consider-
1
This practice is under the jurisdiction of ASTM Committee E50 on Environ-
mental Assessment, Risk Management and Corrective Action and is the direct ations. See 1.4.
responsibility of Subcommittee E50.02 on Real Estate Assessment and Manage-
1.6 This standard does not purport to address all of the
ment.
Current edition approved Feb. 1, 2006. Published February 2006. Originally
safety concerns, if any, associated with its use. It is the
approved in 1993. Last previous edition approved in 2000 as E1528 –
...
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