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 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 1.6.)  
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 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. In addition, no implication is intended that it is currently c...
SCOPE
1.1 Purpose—The purpose of this practice is to provide an alternative method to ASTM E1527 for good commercial and customary practice 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 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 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 g...

General Information

Status
Historical
Publication Date
30-Nov-2016
Current Stage
Ref Project

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ASTM E2247-16 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property
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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 − 16
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 assess rural and forestland properties that are generally uni-
form in use. A primary consideration in applying this practice
1.1 Purpose—The purpose of this practice is to provide an
instead of E1527 is the nature and extent of the property being
alternative method to ASTM E1527 for good commercial and
assessed, as the typical environmental concerns, sources for
customary practice in the United States of America for con-
2
interviews and records, and the methodology used to perform
ducting a Phase I Environmental Site Assessment of forestland
the site reconnaissance may differ significantly. The property
or rural property with respect to the range of contaminants
to be assessed using this standard practice need not be
within the scope of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) and contiguous and may contain isolated areas of non-forestland
petroleum products. As such, this practice is intended to permit and non-rural property. Site reconnaissance of isolated areas
a user to satisfy one of the requirements to qualify for the
of the property that include activities outside the definition of
innocent landowner, contiguous property owner, or bona fide
forestland or rural property should be addressed using meth-
prospective purchaser limitations on CERCLA liability
odologies such as those provided in E1527-13, which may be
(hereinafter, the “landowner liability protections,” or “LLPs”):
conducted and reported in conjunction with this practice, as
that is, the practice that constitutes “all appropriate inquiries”
discussed in section 4.5.3.
into the previous ownership and uses of the property consistent
1.1.2 Recognized Environmental Conditions—In defining a
with good commercial or customary practice” as defined at 42
standard of good commercial and customary practice for
U.S.C. §9601(35)(B). (See Appendix X1 for an outline of
conducting an environmental site assessment of a parcel of
CERCLA’s liability and defense provisions.) Controlled sub-
property, the goal of the processes established by this practice
stances are not included within the scope of this standard.
is to identify recognized environmental conditions. The term
Persons conducting an environmental site assessment as part of
recognized environmental conditions means the presence or
an EPA Brownfields Assessment and Characterization Grant
likely presence of any hazardous substances or petroleum
awarded under CERCLA 42 U.S.C. §9604(k)(2)(B) must
products in, on, or at a property: (1) due to any release to the
include controlled substances as defined in the Controlled
environment; (2) under conditions indicative of a release to the
Substances Act (21 U.S.C. §802) within the scope of the
environment;or (3) under conditions that pose a material threat
assessment investigations to the extent directed in the terms
of a future release to the environment. De minimis conditions
and conditions of the specific grant or cooperative agreement.
are not recognized environmental conditions.
1.1.1 Standard Practice Selection—The methodology in-
cluded in this practice is an effective and practical process for 1.1.3 Related Standard Practices—This practice is closely
achieving the objectives of a Phase I Environmental Site related to Standard Practice E1527. Standard Practice E1527 is
Assessment of forestland or rural property when some of the an environmental site assessment for commercial real estate
methodologies of ASTM E1527 are deemed to be impractical
(see 4.3).
or unnecessary due to the size or nature of the property. This
1.1.4 Petroleum Products—Petroleum products are included
practice is intended to provide a more practical approach to
within the scope of this practice because they are of concern
with respect to many parcels of forestland or rural property
1
This practice is under the jurisdiction of ASTM Committee E50 on Environ-
and current custom and usage is to include an inquiry into the
mental Assessment, Risk Management and Corrective Action and is the direct
presence of petroleum products when doing an environmental
responsibility of Subcommittee E50.02 on Real Estate Assessment and
...

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 − 08 E2247 − 16
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 Purpose—The purpose of this practice is to define provide an alternative method to ASTM E1527 for good commercial and
customary practice in the United States of America for conducting a Phase I environmental site assessmentEnvironmental Site
2
Assessment of a property 120 acres or greater of forestland or rural property or with a developed use of only with 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“all appropriate inquiryinquiries” 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 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 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 in, on, or at a property under conditions that indicate an existing release, a past
release, or a material threat of a release of any : hazardous substances(1) ordue petroleum productsto any release intoto structures
on the propertyenvironment or into the ground, groundwater, or surface water of the ; property.(2) The term includesunder
conditions indicative hazardous substancesof a release to the environment; or petroleum products(3) even under conditions in
compliance with la
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