ASTM E2091-05

Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls

SCOPE
1.1 This guide covers information for incorporating activity and use limitations that are protective of human health and the environment into federal, state, tribal or local remediation programs using a risk-based approach to corrective action. Activity and use limitations should be considered early in the site assessment and remedial action selection process, and should be considered an integral part of remedial action selection. In the event that an appropriate activity and use limitation cannot be found, the user may need to revisit the initial remedial action selection decision.
1.2 This guide does not mandate any one particular type of activity and use limitation but merely serves to help users identify, implement and maintain the types of activity and use limitations that may be appropriate in programs using a risk-based decision-making approach.
1.3 This guide identifies screening and balancing criteria that should be applied in determining whether any particular activity and use limitation may be appropriate. This guide identifies the need to develop long-term monitoring and stewardship plans to ensure the long-term reliability and enforceability of activity and use limitations. This guide explains the purpose of activity and use limitations in the remedial action process and the types of activity and use limitations that are most commonly available.
1.4 This guide describes the process for evaluating potentially applicable activity and use limitations and using screening and balancing criteria to select one or more activity and use limitations for a specific site. The guide also describes some "best practices" from a transactional, stakeholder involvement, and long-term stewardship perspective. The guide also emphasizes the importance of considering the need for, and potential applicability of, activity and use limitations EARLY in the remedial action process.
1.5 All references to specific Federal or state programs are current as of the date of publication. The user is cautioned not to rely on this guide alone but to consult directly with the appropriate program.
1.6 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.

General Information

• Status: Historical
• Publication Date: 30-Apr-2005
• ICS: 13.020.01 - Environment and environmental protection in general
• Technical Committee: E50 - Environmental Assessment, Risk Management and Corrective Action
• Drafting Committee: E50.02 - Real Estate Assessment and Management

Relations

• Replaces: ASTM E2091-00 - Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
• Effective Date: 01-May-2005
• Replaced By: ASTM E2091-11 - Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
• Effective Date: 01-May-2011
• Referred By: ASTM E1528-22 - Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process
• Effective Date: 01-May-2005
• Referred By: ASTM E2247-16 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property
• Effective Date: 01-May-2005
• Referred By: ASTM E2893-16e1 - Standard Guide for Greener Cleanups
• Effective Date: 01-May-2005
• Referred By: ASTM E2081-22 - Standard Guide for Risk-Based Corrective Action
• Effective Date: 01-May-2005
• Referred By: ASTM E3228-19 - Standard Guide for Environmental Knowledge Management
• Effective Date: 01-May-2005
• Referred By: ASTM E2173-22 - Standard Guide for Disclosure of Environmental Liabilities
• Effective Date: 01-May-2005
• Referred By: ASTM E2435-05(2020) - Standard Guide for Application of Engineering Controls to Facilitate Use or Redevelopment of Chemical-Affected Properties
• Effective Date: 01-May-2005
• Referred By: ASTM E3182-20 - Standard Practice for Preparing an Occupant Exposure Screening Report (OESR) for Substances in Installed Building Products
• Effective Date: 01-May-2005
• Referred By: ASTM E1527-21 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
• Effective Date: 01-May-2005
• Referred By: ASTM E2137-22 - Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters
• Effective Date: 01-May-2005
• Referred By: ASTM E2616-09(2020) - Standard Guide for Remedy Selection Integrating Risk-Based Corrective Action and Non-Risk Considerations
• Effective Date: 01-May-2005
• Referred By: ASTM E2531-06(2020) - Standard Guide for Development of Conceptual Site Models and Remediation Strategies for Light Nonaqueous-Phase Liquids Released to the Subsurface
• Effective Date: 01-May-2005
• Referred By: ASTM E2876-13(2020) - Standard Guide for Integrating Sustainable Objectives into Cleanup
• Effective Date: 01-May-2005

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:E2091–05
Standard Guide for
Use of Activity and Use Limitations, Including Institutional
1
and Engineering Controls
This standard is issued under the fixed designation E2091; 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.
INTRODUCTION
Valuable property, which is, or is perceived to be, environmentally impacted, remains idle
throughout the fifty states because fears of liability and corrective action costs deter potential
developers,purchasers,andlenders.Inresponse,manystateshaveadoptedvoluntarycorrectiveaction
or brownfields programs that utilize risk-based corrective action principles. One element of these
programsmaybeactivityanduselimitationstoachieveeitheran“acceptablerisk”ora“nosignificant
risk” level. For example, an owner/operator who volunteers to remediate a site to meet an industrial
or commercial use standard may do so in exchange for a restrictive covenant that limits the use of the
site to industrial or commercial purposes only. Activity and use limitations should be considered an
integral part of the remedial action selection process. The user may determine, based upon
post-remedial action land use, or based upon the deficiencies in available activity and use limitations,
that an activity and use limitation is not feasible for the site.The most effective use of activity and use
limitationsaspartofafederal,state,tribalorlocalremediationprogramrequirescarefulconsideration
of many factors, including effectiveness, amenability to integration with property redevelopment
plans, implementability, technical practicability, cost prohibitiveness, long-term reliability, acceptabil-
ity to stakeholders, and cost effectiveness. While this guidance is most likely to be applied where
risk-based corrective actions are conducted, use of activity and use limitations is not restricted to
risk-based applications. Both institutional and engineering controls may be employed as elements of
a remedial action that is based on concentration level, background, or other non-risk-based
approaches.
1. Scope 1.2 This guide does not mandate any one particular type of
activity and use limitation but merely serves to help users
1.1 This guide covers information for incorporating activity
identify, implement and maintain the types of activity and use
and use limitations that are protective of human health and the
limitations that may be appropriate in programs using a
environment into federal, state, tribal or local remediation
risk-based decision-making approach.
programs using a risk-based approach to corrective action.
1.3 This guide identifies screening and balancing criteria
Activity and use limitations should be considered early in the
that should be applied in determining whether any particular
site assessment and remedial action selection process, and
activity and use limitation may be appropriate. This guide
should be considered an integral part of remedial action
identifies the need to develop long-term monitoring and
selection. In the event that an appropriate activity and use
stewardship plans to ensure the long-term reliability and
limitation cannot be found, the user may need to revisit the
enforceability of activity and use limitations. This guide
initial remedial action selection decision.
explains the purpose of activity and use limitations in the
remedial action process and the types of activity and use
1
limitations that are most commonly available.
ThisguideisunderthejurisdictionofASTMCommitteeE50onEnvironmental
AssessmentandisthedirectresponsibilityofSubcommittee E50.02onCommercial
1.4 This guide describes the process for evaluating poten-
Real Estate Transactions.
tially applicable activity and use limitations and using screen-
Current edition approved May 1, 2005. Published June 2005. Originally
ingandbalancingcriteriatoselectoneormoreactivityanduse
approved in 2000. Last previous edition approved in 2000 as E2091 – 00. DOI:
10.1520/E2091-05. limitations for a specific site. The guide also describes some
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States.
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E2091–05
“best practices” from a transactional, stakeholder involvement, this standard differs from an existing regulatory definition or
and long-term stewardship perspective. The guide also empha- use, the user should address these differences prior to proceed-
sizes the importance of considering the need for, and potential ing with the corrective action process.
applicability of, activity and use limitations EARLY i
...