Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process

SCOPE
Note: A new version of E1527 will be available in late November 2005.
1.1 Purpose -The purpose of this practice, as well as Practice E1528, is to define good commercial and customary practice in the United States of America for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of 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 defense to CERCLA liability: that is, the practices that constitute "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined in 42 USC [section]9601(35)(B).  (See Appendix X1 for an outline of CERCLA's liability and defense provisions.)
1.1.1 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 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 term is not intended to include de minimis conditions that generally do not present a material risk of harm to public 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.
1.1.2 Two Related Practices -This practice is closely related to Practice E1528. Both are environmental site assessments for commercial real estate . See 4.3.
1.1.3 Petroleum Products - Petroleum products are included within the scope of both practices because they are of concern with respect to many parcels of commercial real estate and current custom and usage is to include an inquiry into the presence of petroleum products when doing an environmental site assessment of commercial real estate . Inclusion of petroleum products within the scope of this practice and Practice E 1528 is not based upon the applicability, if any, of CERCLA to petroleum products . (See Appendix X1 for discussion of petroleum exclusion to CERCLA liability.)
1.1.4 CERCLA Requirements Other Than Appropriate Inquiry -This practice does not address whether requirements in addition to appropriate inquiry have been met in order to qualify for CERCLA's innocent landowner defense (for example, the duties specified in 42 USC [section]9607(b)(3)(a) and (b) and cited in Appendix X1).
1.1.5 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 appropriate inquiry provisions of CERCLA's innocent landowner defense . 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 that may pose risks of civil and/or criminal sanctions for non-compliance.
1.1.6 Documentation- The scope of this practice includes research and reporting requirements that support the user's ability to qualify for the innocent landowner defense. As such, sufficient documentation of all sources, records, a...

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Status
Historical
Publication Date
09-May-2000
Current Stage
Ref Project

Relations

Effective Date
10-May-2000

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ASTM E1527-97 - Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process
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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: E 1527 – 97
Standard Practice for
Environmental Site Assessments: Phase I Environmental
1
Site Assessment Process
This standard is issued under the fixed designation E1527; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision.Anumber in parentheses indicates the year of last reapproval.A
superscript epsilon (e) indicates an editorial change since the last revision or reapproval.
1. Scope minimisconditionsthatgenerallydonotpresentamaterialrisk
of harm to public health or the environment and that generally
1.1 Purpose—The purpose of this practice, as well as
wouldnotbethesubjectofanenforcementactionifbroughtto
Practice E1528, is to define good commercial and customary
the attention of appropriate governmental agencies.
practice in the United States of America for conducting an
2
1.1.2 Two Related Practices—This practice is closely re-
environmental site assessment of a parcel of commercial real
lated to Practice E1528. Both are environmental site assess-
estate with respect to the range of contaminants within the
ments for commercial real estate. See 4.3.
scope of Comprehensive Environmental Response, Compen-
1.1.3 Petroleum Products—Petroleum products are in-
sation and Liability Act (CERCLA) and petroleum products.
cluded within the scope of both practices because they are of
Assuch,thispracticeisintendedtopermita usertosatisfyone
concernwithrespecttomanyparcelsof commercial real estate
of the requirements to qualify for the innocent landowner
and current custom and usage is to include an inquiry into the
defense to CERCLAliability: that is, the practices that consti-
presence of petroleum products when doing an environmental
tute “all appropriate inquiry into the previous ownership and
site assessment of commercial real estate. Inclusion of petro-
uses of the property consistent with good commercial or
leum products within the scope of this practice and Practice
customary practice” as defined in 42 USC §9601(35)(B). (See
E1528 is not based upon the applicability, if any, of CERCLA
AppendixX1foranoutlineofCERCLA’sliabilityanddefense
to petroleum products. (See Appendix X1 for discussion of
provisions.)
petroleum exclusion to CERCLA liability.)
1.1.1 Recognized Environmental Conditions—In defining a
1.1.4 CERCLA Requirements Other Than Appropriate
standard of good commercial and customary practice for
Inquiry—This practice does not address whether requirements
conducting an environmental site assessment of a parcel of
in addition to appropriate inquiry have been met in order to
property, the goal of the processes established by this practice
qualify for CERCLA’s innocent landowner defense (for ex-
is to identify recognized environmental conditions. The term
ample, the duties specified in 42 USC §9607(b)(3)(a) and (b)
recognized environmental conditions means the presence or
and cited in Appendix X1).
likely presence of any hazardous substances or petroleum
1.1.5 Other Federal, State, and Local Environmental
products on a property under conditions that indicate an
Laws—This practice does not address requirements of any
existing release, a past release, or a material threat of a release
state or local laws or of any federal laws other than the
of any hazardous substances or petroleum products into
appropriate inquiry provisions of CERCLA’s innocent land-
structures on the property or into the ground, groundwater, or
ownerdefense.Usersarecautionedthatfederal,state,andlocal
surface water of the property. The term includes hazardous
laws may impose environmental assessment obligations that
substances or petroleum products even under conditions in
are beyond the scope of this practice. Users should also be
compliance with laws. The term is not intended to include de
aware that there are likely to be other legal obligations with
regard to hazardous substances or petroleum products discov-
1
This practice is under the jurisdiction of ASTM Committee E-50 on Environ- eredon propertythatarenotaddressedinthispracticeandthat
mental Assessment and is the direct responsibility of Subcommittee E50.02 on
may pose risks of civil and/or criminal sanctions for non-
Commercial Real Estate Transactions.
compliance.
Current edition approved March 10, 1997. Published May 1997. Originally
1.1.6 Documentation—The scope of this practice includes
published as E1527–93. Last previous edition E1527–94.
2
All definitions, descriptions of terms, and acronyms are defined in Section3.
research and reporting requirements that support the user’s
Whenever terms defined in 3.2 or described in 3.3 are used in this practice, they are
ability to qualify for the innocent landowner defense.As such,
in italics.
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