ASTM E1528-00
(Practice)Standard Practice for Environmental Site Assessments: Transaction Screen Process
Standard Practice for Environmental Site Assessments: Transaction Screen Process
SCOPE
1.1 Purpose -The purpose of this practice, as well as Practice E1527, 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 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 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 E1527, a Phase I Environmental Site Assessment . 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 on 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 is not based upon the applicability, if any, of CERCLA to petroleum products .
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 may pose risks of civil and/or criminal sanctions for non-compliance.
1.2 Objectives -Objectives guiding the development of this practice and Practice E1527 are (1) to synthesize and put in writing good commercial and customary practice for environmental site assessments for commercial real estate , (2) to facilitate high- quality, standardized environmental site assessments , (3) to ensure that the standard of appropriate inquiry is practica...
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Designation:E1528–00
Standard Practice for
Environmental Site Assessments: Transaction Screen
1
Process
This standard is issued under the fixed designation E 1528; 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 (e) indicates an editorial change since the last revision or reapproval.
1. Scope of harm to public health or the environment and that generally
would not be the subject of an enforcement action if brought to
1.1 Purpose—The purpose of this practice, as well as
the attention of appropriate governmental agencies. Conditions
Practice E 1527, is to define good commercial and customary
determined to be de minimis are not recognized environmental
practice in the United States of America for conducting an
2
conditions.
environmental site assessment of a parcel of commercial real
1.1.2 Two Related Practices—This practice is closely re-
estate with respect to the range of contaminants within the
lated to Practice E 1527,a Phase I Environmental Site Assess-
scope of the Comprehensive Environmental Response Com-
ment. Both are environmental site assessments for commercial
pensation and Liability Act (CERCLA) and petroleum prod-
real estate. See 4.3.
ucts. As such, this practice is intended to permit a user to
1.1.3 Petroleum Products—Petroleum products are in-
satisfy one of the requirements to qualify for the innocent
cluded within the scope of both practices because they are of
landowner defense to CERCLA liability: that is, the practices
concern on many parcels of commercial real estate and current
that constitute “all appropriate inquiry into the previous own-
custom and usage is to include an inquiry into the presence of
ership and uses of the property consistent with good commer-
petroleum products when doing an environmental site assess-
cial or customary practice” as defined in 42 USC §
ment of commercial real estate. Inclusion of petroleum prod-
9601(35)(B). (See Appendix X1 for an outline of CERCLA’s
ucts within the scope of this practice is not based upon the
liability and defense provisions.) An evaluation of business
applicability, if any, of CERCLA to petroleum products.
environmental risk associated with a parcel of commercial real
1.1.4 CERCLA Requirements Other Than Appropriate
estate may necessitate investigation beyond that identified in
Inquiry—This practice does not address whether requirements
this practice (see Sections 1.3 and 11).
in addition to appropriate inquiry have been met in order to
1.1.1 Recognized Environmental Conditions—In defining a
qualify for CERCLA’s innocent landowner defense (for ex-
standard of good commercial and customary practice for
ample, the duties specified in 42 USC § 9607(b)(3)(a) and (b)
conducting an environmental site assessment of a parcel of
and cited in Appendix X1).
property, the goal of the processes established by this practice
1.1.5 Other Federal, State, and Local Environmental
is to identify recognized environmental conditions. The term
Laws—This practice does not address requirements of any
recognized environmental conditions means the presence or
state or local laws or of any federal laws other than the
likely presence of any hazardous substances or petroleum
appropriate inquiry provisions of CERCLA’s innocent land-
products on a property under conditions that indicate an
owner defense.Usersarecautionedthatfederal,state,andlocal
existing release, a past release, or a material threat of a release
laws may impose environmental assessment obligations that
of any hazardous substances or petroleum products into
are beyond the scope of this practice. Users should also be
structures on the property or into the ground, ground water, or
aware that there are likely to be other legal obligations with
surface water of the property. The term includes hazardous
regard to hazardous substances or petroleum products discov-
substances or petroleum products even under conditions in
eredon propertythatarenotaddressedinthispracticeandmay
compliance with laws. The term is not intended to include de
pose risks of civil and/or criminal sanctions for non-
minimis conditions that generally do not present a material risk
compliance.
1.2 Objectives—Objectives guiding the development of this
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This practice is under the jurisdiction of ASTM Committee E50 on Environ- practice and Practice E 1527 are (1) to synthesize and put in
mental Assessment and is the direct responsibility of Subcommittee E50.02 on
writing good commercial and customary practice for environ-
Commercial Real Estate Transactions.
mental site assessments for commercial real estate, (2) to
Current edition approved May 10, 2000. Published July 2000. Originally
facilitate h
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