E50.02 - Real Estate Assessment and Management
Real Estate Assessment and Management
General Information
SIGNIFICANCE AND USE
4.1 Uses—This classification is intended for use by federal landholding agencies and DoD components in order to direct ECOP efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps, explosives safety condition maps, and ECOP reports used to support CERFA uncontaminated parcel identifications and parcels suitable for transfer by lease or by deed. This classification should be used to facilitate standardized determinations of the environmental condition and explosives safety conditions of a federal landholding agency, FUDS, and DoD installation's real property. Such environmental condition of property and explosives safety condition determinations are necessary to assess the progress of ongoing environmental restoration, identify areas where further response may be required, identify areas where further evaluation is necessary, and to support FOSTs and FOSLs. An environmental condition of property map, and explosives safety condition map, if applicable, based upon the ECOP report prepared in accordance with Practice D6008, is prepared using this classification. The ECOP report may be used to determine the MILCON category (see Section 8 and Table X1.1 in Appendix X1).
SCOPE
1.1 Purpose—The purpose of this classification is to define eight standard environmental condition of property area types for federally-owned real property with respect to the requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 Section 120(h), as amended by the Community Environmental Response Facilitation Act (CERFA) of 1992, and Section 331 of the National Defense Authorization Act for Fiscal Year 1997. As such, this classification is intended to permit a federal landholding agency to classify property into eight area types, in order to facilitate and support findings of suitability to transfer (FOSTs), findings of suitability to lease (FOSLs), and uncontaminated parcel determinations pursuant to the requirements of CERFA. Users of this classification should note that it does not address (except where noted explicitly) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the identification and use of these environmental condition of property area types.
1.1.1 Eight Recognized Standard Environmental Condition of Property Area Types—The goal of this classification is to permit federal landholding agencies to classify properties in order to support determinations of which properties are suitable and unsuitable for transfer by lease or by deed. The term “standard environmental condition of property area type” refers to one of the eight area types defined in this classification. An identification of an area type on an environmental condition of property map means that a federal landholding agency federally-owned has conducted sufficient studies to make a determination of the recognized environmental conditions of installation real property or has complied with the identification requirements of uncontaminated property under CERFA, or both, and has categorized the property into one of the following eight area types:
1.1.1.1 Standard Environmental Condition of Property Area Type 1—An area or parcel of real property where no release, or disposal of hazardous substances or petroleum products or their derivatives has occurred (including no migration of these substances from adjoining properties).
1.1.1.2 Standard Environmental Condition of Property Area Type 2—An area or parcel of real property where only the release or disposal of petroleum products or their derivatives has occurred.
1.1.1.3 Standard Environmental Condition of Property Area Type 3—An area or parcel of real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, but at concentrations that do not require a removal or remedial action.
1.1.1.4 Standard E...
- Standard14 pagesEnglish language
- Standard14 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Use—This guide is intended to reflect a reasonable baseline process for the completion of PCAs for use on a voluntary basis. No implication is intended that use of this guide be required to have conducted a PCA in a commercially prudent and reasonable manner. The baseline process described in this guide is subject to a moderate level of uncertainty. Because the objectives, risk tolerance, schedule, and budget of users can be dramatically different there are varying levels of PCA and due diligence that can be exercised that are both more and less comprehensive than this guide that may be appropriate to meet the objectives of the user. In accordance with ASTM protocols, this guide does not recommend a specific course of action or scope of work. Users should consider their requirements, the purpose that the PCA is to serve, and their risk tolerance to refine the scope of assessment and consultant qualifications in order to establish appropriate objectives for the assessment.
4.2 Clarification of Use of Assessments:
4.2.1 Specific Point in Time—A user should only rely on the PCR for the point in time that the observations and research were conducted.
4.2.2 Site-Specific—The PCA prepared in accordance with this guide is site-specific in that it relates to the physical condition of primary improvements on a specific parcel of commercial real estate. Consequently, this guide does not address many additional issues in commercial real estate transactions such as economic obsolescence, the purchase of business entities, or physical deficiencies relating to off-site conditions.
4.2.3 Specific Objectives—PCAs are completed to address specific objectives identified to the consultant by the user. The consultant should be consulted prior to use of the PCA to address any other objective.
4.2.4 Intended Users—PCAs are typically completed for use by contracting parties. In some cases, the use of or reliance on reports may be extended to additional parties by mutua...
SCOPE
1.1 Purpose—The purpose of this guide is to provide a framework for conducting a property condition assessment (PCA) of the primary improvements at commercial real estate properties by performing a walk-through survey and conducting research as outlined within this guide.
1.1.1 Physical Deficiencies—The goal of the baseline process for property condition assessments is to identify and communicate material physical deficiencies to a user.
1.1.2 Walk-Through Survey—This guide outlines procedures for conducting a walk-through survey to identify physical deficiencies, and recommends various building systems and building components that should be observed by the field observer.
1.1.3 Document Reviews and Interviews—The scope of this guide includes document reviews, research, and interviews to augment the walk-through survey to assist with understanding the subject property and identification of physical deficiencies.
1.1.4 Property Condition Report—The work product resulting from completing a PCA in accordance with this guide is a property condition report (PCR). The PCR incorporates the information obtained during the Walk-Through Survey, the Document Review and Interviews sections of this guide and includes opinions of costs for suggested remedies of observed physical deficiencies.
1.2 Objectives—Objectives in the development of this guide are to: (1) provide a framework for conducting a property condition assessment (PCA) of the primary improvements located on a parcel of commercial real estate; (2) facilitate consistent and pertinent content in PCRs; (3) develop pragmatic and reasonable recommendations and expectations for site observations, document reviews and research associated with conducting PCAs and preparing PCRs; (4) establish reasonable expectations for PCRs; (5) assist in developing an industry standard of care for appropriate baseline observations and research; and (6) recommend protocols for th...
- Guide21 pagesEnglish language
- Guide21 pagesEnglish language
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 subject property. No implication is intended that a person shall 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 good commercial and customary practice. (See 1.5.)
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 subject 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.
4.2.3 Site-specific—This practice is site-specific in tha...
SCOPE
1.1 Purpose—The purpose of this practice is to provide an alternative method to ASTM E1527 for good commercial and customary practices 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 a property consistent with good commercial and customary standards and practices 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. Additionally, an evaluation of business environmental risk (BER) associated with a parcel of commercial real estate may necessitate investigation beyond that identified in this practice (see 1.4 and Section 13).
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 metho...
- Standard60 pagesEnglish language
- Standard60 pagesEnglish language
SIGNIFICANCE AND USE
5.1 Several different factors should be taken into consideration when evaluating methane hazard, rather than, for example, use of a single concentration-based screening level as a de-facto hazard assessment level. Key variables are identified and briefly discussed in this section. Legal background information is provided in Appendix X3. The Bibliography includes references where more detailed information can be found on the effect of various parameters on gas concentrations.
5.2 Application—This guide is intended for use by those undertaking an assessment of hazards to people and property as a result of subsurface methane suspected to be present based on due diligence or other site evaluations (see 6.1.1).
5.2.1 This guide addresses shallow methane, including its presence in the vadose zone; at residential, commercial, and industrial sites with existing construction; or where development is proposed.
5.3 This guide provides a consistent, streamlined process for deciding on action and the urgency of action for the identified hazard. Advantages include:
5.3.1 Decisions are based on reducing the actual risk of adverse impacts to people and property.
5.3.2 Assessment is based on collecting only the information that is necessary to evaluate hazard.
5.3.3 Available resources are focused on those sites and conditions that pose the greatest risk to people and property at any time.
5.3.4 Response actions are chosen based on the existence of a hazard and are designed to mitigate the hazard and reduce risk to an acceptable level.
5.3.5 The urgency of initial response to an identified hazard is commensurate with its potential adverse impact to people and property.
5.4 Limitations—This guide does not address potential hazards from other gases and vapors that may also be present in the subsurface such as hydrogen sulfide, carbon dioxide, and/or volatile organic compounds (VOCs) that may co-occur with methane. If the presence of hydrogen sulfide or other...
SCOPE
1.1 This guide provides a consistent basis for assessing methane in the vadose zone, evaluating hazard and risk, determining the appropriate response, and identifying the urgency of the response.
1.2 Purpose—This guide covers techniques for evaluating potential hazards associated with methane present in the vadose zone beneath or near existing or proposed buildings or other structures (for example, potential fires or explosions within the buildings or structures), when such hazards are suspected to be present based on due diligence or other site evaluations (see 6.1.1). Buildings in this context include normal below grade utilities associated with a building.
1.3 Objectives—This guide: (1) provides a practical and reasonable industry standard for evaluating, prioritizing, and addressing potential methane hazards based on mass flow and (2) provides a tool for screening out low-risk sites.
1.4 This guide offers a set of instructions for performing one or more specific operations. This guide cannot replace education or experience and should be used in conjunction with professional judgment. Not all aspects of this guide may be applicable in all circumstances. This guide is not intended to represent or replace the standard of care by which the adequacy of a given professional service should be judged, nor should this guide be applied without consideration of a project's many unique aspects. The word “Standard” in the title means only that the guide has been approved through the ASTM International consensus process.
1.5 Not addressed by this guide are:
1.5.1 Requirements or guidance or both with respect to methane sampling or evaluation in federal, state, or local regulations. Users are cautioned that federal, state, and local guidance may impose specific requirements that differ from those of this guide;
1.5.2 Safety concerns, if any, associated with its use. It is the responsibility of the user of this sta...
- Guide34 pagesEnglish language
- Guide34 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Use—This guide is intended for use on a voluntary basis by parties who wish to obtain a limited survey of commercial real estate to assess for readily observable moisture affected materials and physical deficiencies conducive to elevated moisture as part of a commercial real estate transaction or commercial property management. This guide is intended to constitute a limited inquiry using representative observations for the purposes of conducting due diligence regarding the actual and potential presence of readily observable moisture affected materials and physical deficiencies conducive to elevated moisture in connection with the subject property. Inquiries that are more and less comprehensive than this guide (including, in some instances, no inquiry) may be appropriate in some circumstances in the opinion of the user (for example, when the presence of moisture affected materials is known to the user). Furthermore, no implication is intended that a person must use this guide in order to be deemed to have conducted appropriate inquiry in a commercially prudent or reasonable manner in a particular transaction. Nevertheless, this guide is intended to reflect a commercially prudent and reasonable inquiry. However, a LMA is not intended to serve as a comprehensive survey for the presence of readily observable moisture affected materials and physical deficiencies conducive to elevated moisture in all or most of the building systems throughout a commercial building.
4.2 Clarification of Use:
4.2.1 Specific Point in Time—Because conditions conducive to elevated moisture in a building can vary greatly over time due to changes in weather, interior air handling and conditioning, occupancy, and so forth, a user should only rely on the results presented in the report for the point in time at which the LMA was conducted.
4.2.2 Site-Specific—This guide is site-specific in that it relates to assessment of readily observable moisture affected materials and physical def...
SCOPE
1.1 Purpose—The purpose of this guide2 is to define good commercial practice for conducting a limited survey for readily observable moisture affected materials and conditions conducive to elevated moisture in a commercial building related to commercial real estate transaction or commercial real estate management by conducting: a walk-through survey, document reviews, and interviews as outlined within this guide. This guide is intended to provide a practical means for the limited identification of moisture affected materials and physical deficiencies conducive to elevated moisture caused by water infiltration through the building envelope or substructure or generated within the subject building as a result of processes or mechanical systems, excluding de minimis conditions. This guide is to allow a user to assess general moisture concerns, as well as the potential need for further assessment or other actions that may be appropriate that are beyond the scope of this guide. For purposes of this guide, the initialism “LMA” or “Limited Moisture Assessment” is used interchangeably with this guide’s full title.
1.2 Purpose Limitations—While a LMA may be used to survey for readily identifiable moisture affected materials and physical deficiencies conducive to elevated moisture, the LMA is not designed to serve as comprehensive survey for the presence of moisture affected materials and physical deficiencies conducive to elevated moisture in all or most areas in a commercial building. It is not intended to reduce or eliminate the risks that elevated moisture may pose to the subject building or its occupants.
1.3 Considerations Beyond This Scope—The use of this guide is limited to the scope set forth in this section. Section 12 of this guide identifies, for informational purposes, certain physical conditions (not an all-inclusive list) that may exist at a subject property and certain activities or procedures (not an all-inclu...
- Guide24 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This practice is intended for use by federal agencies, and environmental professionals in order to facilitate ECP efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps and ECP reports used to support CERFA uncontaminated property identifications and property suitable for transfer by lease or by deed. GSA regulations addressing the disposal of federal property (41 CFR §105-72), require the landholding agency to assert either that (a) there is no evidence of hazardous substance activity, or (b) there is evidence of hazardous substance activity that occurred on the property. If there is evidence that hazardous substance activity occurred on the property, the landholding agency has a “due diligence” obligation to provide detailed, accurate information on all “reportable quantities” of hazardous substances stored, released, or disposed of on property that it reports to GSA for disposal. The specific substances that must be reported under CERCLA and their reporting limits are described in 40 CFR §302.4 and 40 CFR §373. If the landholding agency discloses that hazardous substance activity took place on the property, then the landholding agency must assert whether or not all required remedial action necessary to protect human health and the environment has been taken with respect to those hazardous substances.
4.1.1 The ECP reports prepared in accordance with this practice may be used to achieve compliance with the federal Management Regulations, Real Property Disposal rules codified in 41 CFR §102-75.
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 (see 40 CFR §373, 41 CFR §102-75 and Section 208 of the Federal Land Policy and Management Act, Public Law ...
SCOPE
1.1 Purpose—The purpose of this practice is to define good commercial and customary practice in the United States for assessing the environmental condition of property (ECP) of federal real property. This practice applies to property under consideration for lease, excess and surplus property at closing and realigning military installations, claims reverting to federal ownership such as abandoned mines, and other federally-owned property. The steps in this practice are conducted to fulfill certain requirements of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) section 120(h), as amended by the Community Environmental Response Facilitation Act of 1992 (CERFA) and the federal real property disposal regulations codified in 41 CFR Subpart C (41 CFR 102-75). As such, this practice is intended to help a user to gather and analyze data and information in order to classify property into the applicable environmental condition of property area types (in accordance with the ASTM D5746, Standard Classification of Environmental Condition of Property Area Types, (see Appendix X1). Once documented, the ECP report is used to support Findings of Suitability to Transfer (FOSTs), Findings of Suitability to Lease (FOSLs), or uncontaminated property determinations, or a combination thereof, pursuant to the requirements of CERFA and CERCLA § 120(h). Users of this practice should note that it does not address (except where explicitly noted) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the conduct of the ECP or during the identification and use of the standard environmental condition of property area types.
1.1.1 Environmental Condition of Property—In accordance with the federal landholding agency policies and General Services Administration’s (GSA) federal real property management regulations, an ECP will be prepared or evaluated for its usefulness (...
- Standard58 pagesEnglish language
- Standard58 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Activity and use limitations are typically used in conjunction with risk-based decision-making principles in Federal, state, tribal, and local remediation programs, or where residual chemicals of concern remain following an evaluation of risk or following the implementation of a remedial action (see American Bar Association's Implementing Institutional Controls at Brownfields and Other Contaminated Sites; EPA's Institutional Controls: A Site Manager's Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups; EPA’s Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who May Qualify as CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners (“Common Elements”); EPA’s Superfund Liability Protections for Local Government Acquisitions after the Brownfields Utilization, Investment, and Local Development Act of 2018); and EPA's Strategy to Insure Institutional Control Implementation at Superfund Sites). The principal purposes of activity and use limitations are to:
4.1.1 Eliminate exposure pathways for, or reduce potential exposures to, chemicals of concern identified in the conceptual site model.
4.1.2 Provide notice to property owners, holders of interests in the property, title companies, utilities, tenants, realtors, lenders, developers, appraisers and others of the presence and location of chemicals of concern that may be present on the site;
4.1.3 Identify the objectives and goals of each activity and use limitation, as an integral component of the corrective action plan for site remediation plan;
4.1.4 Identify the exposure assumptions upon which each activity and use limitation is based;
4.1.5 Identify the site uses and activities which, if they were to occur in the future, would be appropriate and consistent with maintaining a condition of “acceptable risk” or “no significant risk”;
4.1.6 Identify the site uses and activities...
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 and 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. This guide can be used to effectively i...
- Guide41 pagesEnglish language
- Guide41 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This practice sets forth a procedure for conducting limited environmental due diligence. This practice is intended for use on a voluntary basis by parties who wish to assess the environmental condition of a subject property where a Phase I Environmental Site Assessment is, initially, deemed to be unnecessary by the user and the parties do not seek CERCLA LLPs. This practice is intended primarily as a commercially prudent or reasonable approach to conducting an inquiry designed to identify potential environmental concerns in connection with a subject property.
4.2 Clarifications on Use:
4.2.1 Use Not Intended for CERCLA Liability Protection—This document is not intended to permit a user to satisfy CERCLA LLPs, that is, the practices that constitute all appropriate inquiries into the previous ownership and uses of the subject property consistent with “generally accepted good commercial and customary standards and practices” as defined in 42 U.S.C. §9601(35)(B).
4.2.2 Transaction Screen Does Not Identify Recognized Environmental Conditions—This practice does not define a scope of assessment sufficient to identify recognized environmental conditions as defined in Practice E1527 and Practice E2247.
4.2.3 Residential Tenants/Purchasers and Others—Although this practice is not intended for residential purposes, it may be used at the user’s discretion for residential tenants of multifamily residential buildings, tenants of single-family homes or other residential real estate, or purchasers of dwellings for residential use to conduct a transaction screen in connection with these transactions.
4.2.4 Site-Specific—This practice is site-specific in that it relates to assessment of environmental conditions at a subject property. Consequently, this practice does not address many additional issues raised in transactions such as purchases of business entities, or interests therein, or of their assets, that may well involve environmental liabilities pertaini...
SCOPE
1.1 Purpose—The purpose of this practice is to define a good practice in the United States of America for conducting a transaction screen2 for a subject property 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 E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or ASTM E2247: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property may be used.
1.1.1 This practice will not satisfy the requirement to conduct all appropriate inquiries into the previous ownership and uses of the subject property consistent with “generally accepted good commercial and customary standards and practices” as defined in 42 U.S.C. §9601(35)(B) to qualify for one of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Landowner Liability Protections (LLPs). Users who desire to conduct environmental due diligence to qualify for one of the CERCLA LLPs should conduct assessment activities in conformity with “Standards and Practices for All Appropriate Inquiries,” 40 C.F.R. Part 312; ASTM E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or ASTM E2247: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.
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 9.
1.2...
- Standard47 pagesEnglish language
- Standard47 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This guide is intended for use on a voluntary basis by parties who wish to conduct a VES on a parcel of real estate to determine if a VEC is identified for the TP (that is, the presence or likely presence of COC vapors in the vadose zone of the TP caused by the release of vapors from contaminated soil and/or groundwater either on or near the TP as identified by the Tier 1 or Tier 2 procedures in this guide). The process defined in this guide is a screening process that requires information similar to information generally collected as part of an E1527 Phase I ESA as well as additional information described in subsection 5.3 and Section 8 of this guide. If a VEC is identified by this screening process, the user may conduct further investigation. This guide, however, defines a procedure for determining in connection with a property involved in a real estate transaction whether a VEC exists or does not exist. A “VEC exists” determination is appropriate, for example, when there is known COC contamination in, at or on the TP, such as may be the case when COC-contaminated groundwater exists in the subsurface of the TP. A “VEC does not exist” determination is appropriate, for example, when subsurface sampling has confirmed that COC’s are not present. The guide can be applied to property with existing structures, property with structures that will be substantially rehabilitated, property without existing structures but having planned structures (for example, property in development), or property without existing structures and with no planned structures (for example, undeveloped property with no planned development).
4.2 Clarifications on Use:
4.2.1 Use in Conjunction with E1527 Phase I ESA—This practice, when used in conjunction with E1527 Phase I ESA, may assist the user and environmental professional in developing information about VECs associated with a TP. This guide has utility for a wide range of persons, including those who may not be involved in a r...
SCOPE
1.1 Purpose—The purpose of this guide is to provide practical guidance and a useful process for conducting a vapor encroachment screen (VES) on a property parcel involved in a real estate transaction in the United States of America with respect to chemicals of concern (COC) that may migrate as vapors into the vadose zone of a property as a result of contaminated soil and/or groundwater on or near the property. This guide may be used in conjunction with E1527 but does not alter or in any way define the scope of that practice. In addition, performance of this guide is not a requirement of and does not constitute, expand, or in any way define “all appropriate inquiry” as defined and approved by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the regulations there under, including 40 CFR Sec. 312.11.
1.1.1 Vapor Encroachment Condition (VEC)—The goal of conducting a VES, as established by this guide, on a parcel of property is to identify a vapor encroachment condition (VEC), which is the presence or likely presence of COC vapors in the vadose zone of the target property (TP) caused by the release of vapors from contaminated soil and/or groundwater either on or near the TP as identified by Tier 1 (see Section 8) or Tier 2 (see Section 9) procedures.
1.1.2 Federal, State, and Local Environmental Laws—This guide does not address requirements of any federal, state, or local laws with respect to vapor intrusion. Users are cautioned that federal, state, and local laws, regulations, or policy may impose vapor encroachment screening or vapor intrusion assessment obligations that are beyond the scope of this guide (information is provided in Appendix X5 and Appendix X9). Users should also be aware that there may be other legal obligations, for example, disclosure, with regard to COC or COC vapors discovered on the TP that are not address...
- Guide33 pagesEnglish language
- Guide33 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This practice is intended for use on a voluntary basis by parties who wish to conduct a BEPA on a building. The process defined in this practice involves the collection of building energy consumption information, some of which may be collected as part of E2018 PCA or E1527 ESA. The practice is intended primarily as an approach to conducting a standardized inquiry designed to identify representative building energy performance in connection with a commercial property involved in a real estate transaction. This practice is intended to reflect a commercially practical and reasonable inquiry.
4.1.1 A number of states including CA, CO, WA and NJ, and more than three dozen cities, county and municipal governments, including Ann Arbor, MI, Atlanta, GA, Austin, TX, Berkeley, CA, Bloomington, MN, Boston, MA, Boulder, CO, Cambridge, MA, Chicago, IL, Chula Vista, CA, Columbus, OH, Denver, CO, Des Moines, IA, Edina, MN, Evanston, IL, Fort Collins, CO, Indianapolis, IN, Kansas City, MO, Los Angeles, CA, Miami, FL, Minneapolis, MN, Montgomery County, MD, New York City, NY, Orlando, FL, Philadelphia, PA, Pittsburgh, PA, Portland, ME, Portland, OR, Reno, NV, Salt Lake City, UT, San Diego, CA, San Francisco, CA, San Jose, CA, Seattle, WA, South Portland, ME, St. Louis, MO, St. Louis Park, MN, St. Paul, MN and Washington, D.C. have building energy performance benchmarking and reporting policies. Users in these locations must comply with applicable ordinances and regulations.
4.2 Clarifications on Use:
4.2.1 Use in Conjunction with E2018 PCA or E1527 ESA—This practice, when added as a supplemental scope of work to a E2018 PCA or a E1527 ESA, is designed to assist the user and consultant in developing information about energy consumption in a building or buildings involved in a real estate transaction. The BEPA also has utility to a wide range of persons, including those who may not be involved in a real estate transaction.
4.2.2 Independent Use—This practice ma...
SCOPE
1.1 Purpose—The purpose of this standard is to define a commercially useful practice in the United States of America for conducting a building energy performance assessment (BEPA) on a building involved in a commercial real estate transaction and subsequent reporting of the building energy performance information. The practice is intended to provide a methodology to the user for the collection, compilation, analysis, and reporting of building energy performance information associated with a commercial building. The practice may be used independently or as a voluntary supplement to Guide E2018 for property condition assessments or Practice E1527 for Phase I environmental site assessments. Utilization of this practice and performance of a BEPA is voluntary. If the property owner (for example, the seller) is unwilling or unable to provide building energy consumption and cost information, a BEPA cannot be performed.
1.2 Building Energy Performance—This practice defines building energy performance as the building’s total annual energy consumption and cost for heating, cooling, electricity, and other related uses. Energy consumption, for example, includes total electricity purchased; purchased or delivered steam, hot water, or chilled water; natural gas; fuel oil; coal; propane; biomass; or any other matter consumed as fuel and any electricity generated on site from renewable/alternative energy systems (for example, wind energy generator technology, fuel cells, microturbines or solar photovoltaic systems).
1.3 Objectives—Objectives in the development of this practice are to: (1) define a commercially useful practice for collecting, compiling, and analyzing building energy performance information associated with a building involved in a commercial real estate transaction; (2) facilitate consistency in the collection, compilation, analysis, and reporting of building energy performance information as may be required under b...
- Standard33 pagesEnglish language
- Standard33 pagesEnglish language
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 commercial real estate 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 subject property. No implication is intended that a person shall 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 good commercial and customary practice (see 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 subject 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 Tenants/Purchasers and Others—No implication is intended that it is currently customary practice for residential tenants of multifamily residential buildings, tenants 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 commercial real estate 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 customary practice for environmental site ...
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 an environmental site assessment2 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) (42 U.S.C. § 9601) 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 and customary standards and practices 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 practice. 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. Additionally, an evaluation of business environmental risk (BER) associated with a parcel of commercial real estate may necessitate investigation beyond that identified in this practice (see 1.4 and Section 13).
1.1.1 Recognized Environmental Conditions—The goal of the processes established by this practice is to identify recognized environmental conditions. The term recognized environmental condition means (1) the presence of hazardous substances or petroleum produc...
- Standard59 pagesEnglish language
- Standard59 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This guide is intended for use on a voluntary basis primarily by parties who desire to satisfy continuing obligations at commercial real estate or at forestland or rural properties. As such, this guide provides information and suggested procedures that could be useful to persons who wish to establish one of the CERCLA LLPs or similar liability protections offered under state law. This guide may apply where response actions have already occurred, where response actions remain ongoing, or where response actions may be necessary in the future. As noted in 1.1.2, the use of this guide need not be necessarily limited to CERCLA LLPs.
4.2 Clarifications on Use:
4.2.1 Use is Property-Specific—Continuing obligations, and the process to identify and implement continuing obligations, is necessarily property-specific. Therefore, this guide includes information to consider when performing a property-specific, fact-based evaluation to determine appropriate continuing obligations.
4.2.2 Partially Addresses Eligibility for CERCLA LLPs—Users wishing to establish CERCLA LLPs should be aware that the continuing obligations covered by this guide comprise only part of CERCLA's statutory eligibility requirements for LLPs. For example, users seeking to qualify for LLPs must perform AAI before property acquisition. Users seeking the BFPP or CPO LLP must also demonstrate that they are not liable or potentially liable or affiliated with any person who is liable or potentially liable for releases of hazardous substances under CERCLA. 42 U.S.C. §9607(q)(1)(A)(ii); 42 U.S.C. §9601(40)(B)(viii). Further, users seeking the BFPP or ILO LLP must establish that disposal of hazardous substances occurred on the property prior to its acquisition. 42 U.S.C. §9601(40)(B)(i); 42 U.S.C. §9601(35)(A). Users seeking the CPO LLP must establish that they did not cause, contribute or consent to the release of hazardous substances. 42 U.S.C. §9607(q)(A)(i). Finally, users seeking to qual...
SCOPE
1.1 Purpose—The purpose of this guide is to provide information and guidance2 related to the process of identifying and fulfilling continuing obligations3 at commercial real estate, and forestland and rural property that is contaminated by hazardous substances within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 9601 et seq.), petroleum products, or other contaminants that require cleanup under federal or state law (collectively hereafter chemicals of concern). Because of the importance of federal law, this guide largely focuses on continuing obligations applicable to the innocent landowner (ILO), the contiguous property owner (CPO), and the bona fide prospective purchaser (BFPP) protections from CERCLA liability (hereinafter, collectively referred to as the “CERCLA Landowner Liability Protections,” or “CERCLA LLPs”) (see Legal Appendix X1 to Appendix X3 for an outline of CERCLA's liability and defense provisions). However, the continuing obligations arising from CERCLA LLPs are often very similar to the types of continuing obligations that state laws set as conditions for state liability protections. And, therefore, the purpose of this guide seeks to help users who wish to perform continuing obligations because of concerns over CERCLA liability and also extends to help users who wish to perform continuing obligations because of concerns over state law liability. Similarly, where sound risk management rather than a desire for liability protection is the goal, the procedures recommended in this guide can also prove useful
1.1.1 Intended Scope of Standard Guide—As a standard guide, this document provides a compendium of information and options but does not recommend a specific course of action. As a guide, the purpose of this standard is to simply increase the awareness of possible techniques or procedures related to continuing obligations and to offer guida...
- Guide53 pagesEnglish language
- Guide53 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses:
4.1.1 This practice is intended for use on a voluntary basis by parties who wish to evaluate known releases or likely release areas identified by the user or Phase II Assessor, and/or to assess the presence or likely presence of substances, for legal or business reasons such as those described in 1.2.
4.1.2 This practice is intended to meet the business community's need for a written, practical reference describing a scientifically sound approach to investigating a property to evaluate the presence or likely presence of a substance. It is impossible to generalize about the contexts in which a user may wish to conduct such investigations or the degree of confidence a user may require in the results. In any context, this practice, being rooted in sound scientific methodology, can assist users in achieving an objective and defensible assessment.
4.1.2.1 This practice does not address the evaluation of business environmental risks in light of data collected through the Phase II ESA process. Such evaluation is a function of site- and transaction-specific variables, and of the user’s objectives and risk tolerance. This practice contemplates that the Phase II ESA process will be planned and conducted with such variables in mind, and that the user will evaluate legal, business and environmental risks in light of known data relating to the particular site and transaction, and in consultation with legal and business advisors as well as the Phase II Assessor.
4.1.2.2 Likewise, this practice does not define the threshold levels at which target analytes pose a concern of significance to the user. Users may apply this practice not only in light of applicable regulatory criteria and relevant liability principles, but also to meet self-defined objectives.
4.1.2.3 If a Phase II ESA conducted in accordance with this practice provides sufficient information from which the Phase II Assessor can conclude, consistent with the scientific method, that the question...
SCOPE
1.1 This practice2 covers a process for conducting a Phase II environmental site assessment (ESA) of a parcel of property with respect to the presence or the likely presence of substances including but not limited to those within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (e.g., hazardous substances), pollutants, contaminants, petroleum and petroleum products, and controlled substances and constituents thereof. It specifies procedures based on the scientific method to characterize property conditions in an objective, representative, reproducible, and defensible manner. To promote clarity in defining Phase II ESA objectives and transparency in communicating and interpreting Phase II ESA results, this practice specifies adherence to requirements for documenting the scope of assessment and constraints on the conduct of the assessment process.
1.1.1 A user's interest in the presence or likely presence of substances in environmental media at a property may arise in a wide variety of legal, regulatory, and commercial contexts, and may involve diverse objectives including those listed in 1.2. This practice contemplates that the user and the Phase II Assessor will consult to define the scope and objectives of investigation in light of relevant factors, including without limitation the substances released or possibly released at the property, the nature of the concerns presented by their presence or likely presence, the behavior , fate and transport characteristics of substances released or possibly released, the portion of the property to be investigated, the information already available, the degree of confidence needed or desired in the results, the degree of investigatory sampling and chemical testing needed to achieve such confidence, and any applicable time and resource constraints. This practice requires that Phase II activities be conducted so that the resulting s...
- Standard22 pagesEnglish language
- Standard22 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This guide is intended for use on a voluntary basis by parties who wish to conduct a BEPIE. The process defined in this guide involves: (1) the collection of building and equipment information, including whole building energy consumption, much of which is typically collected as part of an E2018 PCA; (2) weather-normalizing the whole building energy consumption to obtain an EUI; (3) benchmarking the EUI to compare against the EUI of peer buildings; and (4) determining if the building’s EUI is under-performing compared to the EUI of peer buildings. If the building’s EUI is under-performing, the guide (1) evaluates the extent to which the building is under-performing; (2) provides guidance on what energy efficiency improvements might be made to bring the building to the performance level of its peers; and (3) provides guidance to obtain a probable cost for these energy efficiency improvements. The guide is intended principally as an approach to conducting a standardized building energy performance inquiry in connection with commercial real estate involved in a commercial real estate transaction with the intent to identify a condition of EUI under-performance compared to peer buildings. The guide provides for two approaches: a Screening Assessment (SA) that may be conducted, for example, as an adjunct to an E2018 PCA during due diligence prior to an acquisition, and a More Comprehensive Assessment (MCA) that would include more rigorous investigation as may, for example, be conducted by a building owner seeking to make an investment in EEMs. This guide is intended to reflect a commercially practical and reasonable inquiry.
4.2 Clarifications on Use:
4.2.1 Use in Conjunction with an E2018 PCA—This guide, when added as a supplemental scope of work to an E2018 PCA, is designed to assist the user and Consultant in developing information about energy consumption and energy efficiency improvements that may be undertaken to reduce energy consumption in a buil...
SCOPE
1.1 Purpose—The purpose of this guide is to define a commercially useful standard in the United States of America for incorporating building energy performance into an assessment of existing property condition, and specifically into a property condition assessment (PCA) on a building involved in a commercial real estate transaction. The guide is intended to provide a methodology for the user to identify building energy under-performance compared to peer buildings. If the building is under-performing compared to its peers, a methodology is provided to identify potential energy performance improvements and provide a probable cost for such improvements. The guide may be used independently or as a voluntary supplement to ASTM Guide E2018 PCA. Utilization of this guide and incorporating it into a PCA is voluntary. If the property owner is unwilling or unable to provide building energy consumption information and it is not possible to develop a reasonable estimate of building energy consumption, the methodology defined by this guide cannot be performed.
1.2 Building Energy Performance and Improvement Evaluation (BEPIE)—the process as described in this guide by which a person collects, analyzes and reports on a building’s energy consumption, compares it to peer buildings and determines if the building is under-performing. If the building is under-performing, potential major improvements (energy efficiency measures, EEMs) that may reduce building energy consumption to achieve parity with peer buildings are identified and a probable cost is provided. Building energy performance as defined by this guide involves the collection of annual whole building energy consumption for heating, cooling, ventilation, lighting, and other related energy-consuming end-uses. Building energy consumption, for example, includes total electricity used at the building; purchased or delivered steam, hot water, or chilled water to the building; natur...
- Guide40 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This classification is intended for use by federal landholding agencies and DoD components in order to direct ECOP efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps, explosives safety condition maps, and ECOP reports used to support CERFA uncontaminated parcel identifications and parcels suitable for transfer by lease or by deed. This classification should be used to facilitate standardized determinations of the environmental condition and explosives safety conditions of a federal landholding agency, FUDS, and DoD installation's real property. Such environmental condition of property and explosives safety condition determinations are necessary to assess the progress of ongoing environmental restoration, identify areas where further response may be required, identify areas where further evaluation is necessary, and to support FOSTs and FOSLs. An environmental condition of property map, and explosives safety condition map, if applicable, based upon the ECOP report prepared in accordance with Practice D6008, is prepared using this classification. The ECOP report may be used to determine the MILCON category (see Section 8 and Table X1.1 in Appendix X1).
SCOPE
1.1 Purpose—The purpose of this classification is to define eight standard environmental condition of property area types for federally-owned real property with respect to the requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 Section 120(h), as amended by the Community Environmental Response Facilitation Act (CERFA) of 1992, and Section 331 of the National Defense Authorization Act for Fiscal Year 1997. As such, this classification is intended to permit a federal landholding agency to classify property into eight area types, in order to facilitate and support findings of suitability to transfer (FOSTs), findings of suitability to lease (FOSLs), and uncontaminated parcel determinations pursuant to the requirements of CERFA. Users of this classification should note that it does not address (except where noted explicitly) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the identification and use of these environmental condition of property area types.
1.1.1 Eight Recognized Standard Environmental Condition of Property Area Types—The goal of this classification is to permit federal landholding agencies to classify properties in order to support determinations of which properties are suitable and unsuitable for transfer by lease or by deed. The term “standard environmental condition of property area type” refers to one of the eight area types defined in this classification. An identification of an area type on an environmental condition of property map means that a federal landholding agency federally-owned has conducted sufficient studies to make a determination of the recognized environmental conditions of installation real property or has complied with the identification requirements of uncontaminated property under CERFA, or both, and has categorized the property into one of the following eight area types:
1.1.1.1 Standard Environmental Condition of Property Area Type 1—An area or parcel of real property where no release, or disposal of hazardous substances or petroleum products or their derivatives has occurred (including no migration of these substances from adjoining properties).
1.1.1.2 Standard Environmental Condition of Property Area Type 2—An area or parcel of real property where only the release or disposal of petroleum products or their derivatives has occurred.
1.1.1.3 Standard Environmental Condition of Property Area Type 3—An area or parcel of real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, but at concentrations that do not require a removal or remedial action.
1.1.1.4 Standard E...
- Standard14 pagesEnglish language
- Standard14 pagesEnglish language
- Standard14 pagesEnglish language
SIGNIFICANCE AND USE
3.1 Use—This guide is intended to reflect a reasonable baseline process for the completion of PCAs for use on a voluntary basis. No implication is intended that use of this guide be required to have conducted a PCA in a commercially prudent and reasonable manner. The baseline process described in this guide is subject to a moderate level of uncertainty. Because the objectives, risk tolerance, schedule, and budget of users can be dramatically different there are varying levels of PCA and due diligence that can be exercised that are both more and less comprehensive than this guide that may be appropriate to meet the objectives of the user. In accordance with ASTM protocols, this guide does not recommend a specific course of action or scope of work. Users should consider their requirements, the purpose that the PCA is to serve, and their risk tolerance to refine the scope of assessment and consultant qualifications in order to establish appropriate objectives for the assessment.
3.2 Clarification of Use of Assessments:
3.2.1 Specific Point in Time—A user should only rely on the PCR for the point in time that the observations and research were conducted.
3.2.2 Site-Specific—The PCA prepared in accordance with this guide is site-specific in that it relates to the physical condition of primary improvements on a specific parcel of commercial real estate. Consequently, this guide does not address many additional issues in commercial real estate transactions such as economic obsolescence, the purchase of business entities, or physical deficiencies relating to off-site conditions.
3.2.3 Specific Objectives—PCAs are completed to address specific objectives identified to the consultant by the user. The consultant should be consulted prior to use of the PCA to address any other objective.
3.2.4 Intended Users—PCAs are typically completed for use by contracting parties. In some cases, the use of or reliance on reports may be extended to additional parties by mutua...
SCOPE
1.1 Purpose—The purpose of this guide is to provide a framework for conducting a property condition assessment (PCA) of the primary improvements at commercial real estate properties by performing a walk-through survey and conducting research as outlined within this guide.
1.1.1 Physical Deficiencies—The goal of the baseline process for property condition assessments is to identify and communicate material physical deficiencies to a user.
1.1.2 Walk-Through Survey—This guide outlines procedures for conducting a walk-through survey to identify physical deficiencies, and recommends various building systems and building components that should be observed by the field observer.
1.1.3 Document Reviews and Interviews—The scope of this guide includes document reviews, research, and interviews to augment the walk-through survey to assist with understanding the subject property and identification of physical deficiencies.
1.1.4 Property Condition Report—The work product resulting from completing a PCA in accordance with this guide is a property condition report (PCR). The PCR incorporates the information obtained during the Walk-Through Survey, the Document Review and Interviews sections of this guide and includes opinions of costs for suggested remedies of observed physical deficiencies.
1.2 Objectives—Objectives in the development of this guide are to: (1) provide a framework for conducting a property condition assessment (PCA) of the primary improvements located on a parcel of commercial real estate; (2) facilitate consistent and pertinent content in PCRs; (3) develop pragmatic and reasonable recommendations and expectations for site observations, document reviews and research associated with conducting PCAs and preparing PCRs; (4) establish reasonable expectations for PCRs; (5) assist in developing an industry standard of care for appropriate baseline observations and research; and (6) recommend protocols for th...
- Guide21 pagesEnglish language
- Guide21 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Use—This guide is intended for use on a voluntary basis by parties who wish to obtain a limited survey of commercial real estate to assess for readily observable moisture affected materials and physical deficiencies conducive to elevated moisture as part of a commercial real estate transaction or commercial property management. This guide is intended to constitute a limited inquiry using representative observations for the purposes of conducting due diligence regarding the actual and potential presence of readily observable moisture affected materials and physical deficiencies conducive to elevated moisture in connection with the subject property. Inquiries that are more and less comprehensive than this guide (including, in some instances, no inquiry) may be appropriate in some circumstances in the opinion of the user (for example, when the presence of moisture affected materials is known to the user). Furthermore, no implication is intended that a person must use this guide in order to be deemed to have conducted appropriate inquiry in a commercially prudent or reasonable manner in a particular transaction. Nevertheless, this guide is intended to reflect a commercially prudent and reasonable inquiry. However, a LMA is not intended to serve as a comprehensive survey for the presence of readily observable moisture affected materials and physical deficiencies conducive to elevated moisture in all or most of the building systems throughout a commercial building.
4.2 Clarification of Use:
4.2.1 Specific Point in Time—Because conditions conducive to elevated moisture in a building can vary greatly over time due to changes in weather, interior air handling and conditioning, occupancy, and so forth, a user should only rely on the results presented in the report for the point in time at which the LMA was conducted.
4.2.2 Site-Specific—This guide is site-specific in that it relates to assessment of readily observable moisture affected materials and physical def...
SCOPE
1.1 Purpose—The purpose of this guide2 is to define good commercial practice for conducting a limited survey for readily observable moisture affected materials and conditions conducive to elevated moisture in a commercial building related to commercial real estate transaction or commercial real estate management by conducting: a walk-through survey, document reviews, and interviews as outlined within this guide. This guide is intended to provide a practical means for the limited identification of moisture affected materials and physical deficiencies conducive to elevated moisture caused by water infiltration through the building envelope or substructure or generated within the subject building as a result of processes or mechanical systems, excluding de minimis conditions. This guide is to allow a user to assess general moisture concerns, as well as the potential need for further assessment or other actions that may be appropriate that are beyond the scope of this guide. For purposes of this guide, the initialism “LMA” or “Limited Moisture Assessment” is used interchangeably with this guide’s full title.
1.2 Purpose Limitations—While a LMA may be used to survey for readily identifiable moisture affected materials and physical deficiencies conducive to elevated moisture, the LMA is not designed to serve as comprehensive survey for the presence of moisture affected materials and physical deficiencies conducive to elevated moisture in all or most areas in a commercial building. It is not intended to reduce or eliminate the risks that elevated moisture may pose to the subject building or its occupants.
1.3 Considerations Beyond This Scope—The use of this guide is limited to the scope set forth in this section. Section 12 of this guide identifies, for informational purposes, certain physical conditions (not an all-inclusive list) that may exist at a subject property and certain activities or procedures (not an all-inclu...
- Guide24 pagesEnglish language
- Guide24 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Activity and use limitations are typically used in conjunction with risk-based decision-making principles in Federal, state, tribal, and local remediation programs, or where residual chemicals of concern remain following an evaluation of risk or following the implementation of a remedial action (see American Bar Association's Implementing Institutional Controls at Brownfields and Other Contaminated Sites; EPA's Institutional Controls: A Site Manager's Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups; EPA’s Interim Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitations on CERCLA Liability (Common Elements Guide); and EPA's Strategy to Insure Institutional Control Implementation at Superfund Sites). The principal purposes of activity and use limitations are to:
4.1.1 Eliminate exposure pathways for, or reduce potential exposures to, chemicals of concern identified in the conceptual site model.
4.1.2 Provide notice to property owners, holders of interests in the property, title companies, utilities, tenants, realtors, lenders, developers, appraisers and others of the presence and location of chemicals of concern that may be present on the site;
4.1.3 Identify the objectives and goals of each activity and use limitation, as an integral component of the corrective action plan for site remediation plan;
4.1.4 Identify the exposure assumptions upon which each activity and use limitation is based;
4.1.5 Identify the site uses and activities which, if they were to occur in the future, would be appropriate and consistent with maintaining a condition of “acceptable risk” or “no significant risk”;
4.1.6 Identify the site uses and activities which should NOT occur in the future (unless further evaluation and remedial action, as appropriate, are undertaken), as those activities...
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 and 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. This guide can be used to effectively i...
- Guide41 pagesEnglish language
- Guide41 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Activity and use limitations are typically used in conjunction with risk-based decision-making principles in Federal, state, tribal, and local remediation programs, or where residual chemicals of concern remain following an evaluation of risk or following the implementation of a remedial action (see American Bar Association's Implementing Institutional Controls at Brownfields and Other Contaminated Sites; EPA's Institutional Controls: A Site Manager's Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups; EPA’s Interim Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitations on CERCLA Liability (Common Elements Guide); and EPA's Strategy to Insure Institutional Control Implementation at Superfund Sites). The principal purposes of activity and use limitations are to:
4.1.1 Eliminate exposure pathways for, or reduce potential exposures to, chemicals of concern identified in the conceptual site model.
4.1.2 Provide notice to property owners, holders of interests in the property, title companies, utilities, tenants, realtors, lenders, developers, appraisers and others of the presence and location of chemicals of concern that may be present on the site;
4.1.3 Identify the objectives and goals of each activity and use limitation, as an integral component of the corrective action plan for site remediation plan;
4.1.4 Identify the exposure assumptions upon which each activity and use limitation is based;
4.1.5 Identify the site uses and activities which, if they were to occur in the future, would be appropriate and consistent with maintaining a condition of “acceptable risk” or “no significant risk”;
4.1.6 Identify the site uses and activities which should NOT occur in the future (unless further evaluation and remedial action, as appropriate, are undertaken), as those activities...
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 and 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. This guide can be used to effectively i...
- Guide41 pagesEnglish language
- Guide41 pagesEnglish language
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...
- Standard47 pagesEnglish language
- Standard47 pagesEnglish language
- Standard47 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This classification is intended for use by DoD components in order to direct EBS efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps and EBS reports used to support CERFA uncontaminated parcel identifications and parcels suitable for transfer by lease or by deed. This classification should be used to facilitate standardized determinations of the environmental condition of a DoD installation's real property. Such environmental condition of property determinations are necessary to assess the progress of ongoing environmental restoration, identify areas where further response may be required, identify areas where further evaluation is necessary, and to support FOSTs and FOSLs. An environmental condition of property map, which should be prepared using this classification, provides a consolidated view of a DoD installation's environmental investigation data, including sampling information.
SCOPE
1.1 Purpose—The purpose of this classification is to define seven standard environmental condition of property area types for Department of Defense (DoD) real property at a closing military installation with respect to the requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 Section 120(h), as amended by the Community Environmental Response Facilitation Act (CERFA) of 1992, and Section 331 of the National Defense Authorization Act for Fiscal Year 1997. As such, this classification is intended to permit a DoD component to classify property into seven area types, in order to facilitate and support findings of suitability to transfer (FOSTs), findings of suitability to lease (FOSLs), and uncontaminated parcel determinations pursuant to the requirements of CERFA. Users of this classification should note that it does not address (except where noted explicitly) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the identification and use of these environmental condition of property area types.
1.1.1 Seven Recognized Standard Environmental Condition of Property Area Types—The goal of this classification is to permit DoD components to classify properties on closing DoD installations in order to support determinations of which properties are suitable and unsuitable for transfer by lease or by deed. The term “standard environmental condition of property area type” refers to one of the seven area types defined in this classification. An identification of an area type on an environmental condition of property map means that a DoD component has conducted sufficient studies to make a determination of the recognized environmental conditions of installation real property or has complied with the identification requirements of uncontaminated property under CERFA, or both, and has categorized the property into one of the following seven area types:
1.1.1.1 Standard Environmental Condition of Property Area Type 1—An area or parcel of real property where no release, or disposal of hazardous substances or petroleum products or their derivatives has occurred (including no migration of these substances from adjacent properties).
1.1.1.2 Standard Environmental Condition of Property Area Type 2—An area or parcel of real property where only the release or disposal of petroleum products or their derivatives has occurred.
1.1.1.3 Standard Environmental Condition of Property Area Type 3—An area or parcel of real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, but at concentrations that do not require a removal or remedial action.
1.1.1.4 Standard Environmental Condition of Property Area Type 4—An area or parcel of real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, and all remedial actions necessary to protect human health and th...
- Standard8 pagesEnglish language
- Standard8 pagesEnglish language
- Standard8 pagesEnglish language
SIGNIFICANCE AND USE
5.1 Several different factors should be taken into consideration when evaluating methane hazard, rather than, for example, use of a single concentration-based screening level as a de-facto hazard assessment level. Key variables are identified and briefly discussed in this section. Legal background information is provided in Appendix X3. The Bibliography includes references where more detailed information can be found on the effect of various parameters on gas concentrations.
5.2 Application—This guide is intended for use by those undertaking an assessment of hazards to people and property as a result of subsurface methane suspected to be present based on due diligence or other site evaluations (see 6.1.1).
5.2.1 This guide addresses shallow methane, including its presence in the vadose zone; at residential, commercial, and industrial sites with existing construction; or where development is proposed.
5.3 This guide provides a consistent, streamlined process for deciding on action and the urgency of action for the identified hazard. Advantages include:
5.3.1 Decisions are based on reducing the actual risk of adverse impacts to people and property.
5.3.2 Assessment is based on collecting only the information that is necessary to evaluate hazard.
5.3.3 Available resources are focused on those sites and conditions that pose the greatest risk to people and property at any time.
5.3.4 Response actions are chosen based on the existence of a hazard and are designed to mitigate the hazard and reduce risk to an acceptable level.
5.3.5 The urgency of initial response to an identified hazard is commensurate with its potential adverse impact to people and property.
5.4 Limitations—This guide does not address potential hazards from other gases and vapors that may also be present in the subsurface such as hydrogen sulfide, carbon dioxide, and/or volatile organic compounds (VOCs) that may co-occur with methane. If the presence of hydrogen sulfide or other...
SCOPE
1.1 This guide provides a consistent basis for assessing site methane in the vadose zone, evaluating hazard and risk, determining the appropriate response, and identifying the urgency of the response.
1.2 Purpose—This guide covers techniques for evaluating potential hazards associated with methane present in the vadose zone beneath or near existing or proposed buildings or other structures (for example, potential fires or explosions within the buildings or structures), when such hazards are suspected to be present based on due diligence or other site evaluations (see 6.1.1).
1.3 Objectives—This guide: (1) provides a practical and reasonable industry standard for evaluating, prioritizing, and addressing potential methane hazards and (2) raises awareness of the key variables needed to properly evaluate such hazards.
1.4 This guide offers a set of instructions for performing one or more specific operations. This guide cannot replace education or experience and should be used in conjunction with professional judgment. Not all aspects of this guide may be applicable in all circumstances. This guide is not intended to represent or replace the standard of care by which the adequacy of a given professional service should be judged, nor should this guide be applied without consideration of a project's many unique aspects. The word “Standard” in the title means only that the guide has been approved through the ASTM International consensus process.
1.5 Not addressed by this guide are:
1.5.1 Requirements or guidance or both with respect to methane sampling or evaluation in federal, state, or local regulations. Users are cautioned that federal, state, and local guidance may impose specific requirements that differ from those of this guide;
1.5.2 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 th...
- Guide31 pagesEnglish language
- Guide31 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This practice is intended for use on a voluntary basis by parties who wish to conduct a BEPA on a building. The process defined in this practice involves the collection of building energy use information, some of which may be collected as part of Guide E2018 PCA or Practice E1527 ESA. The practice is intended primarily as an approach to conducting a standardized inquiry designed to identify representative building energy performance in connection with a commercial property involved in a real estate transaction. This practice is intended to reflect a commercially practical and reasonable inquiry.
4.2 Clarifications on Use:
4.2.1 Use in Conjunction with Guide E2018 PCA or Practice E1527—This practice, when added as a supplemental scope of work to a Guide E2018 PCA or a Practice E1527 ESA, is designed to assist the user and consultant in developing information about energy use in a building or buildings involved in a real estate transaction. The BEPA also has utility to a wide range of persons, including those who may not be involved in a real estate transaction.
4.2.2 Independent Use—This practice may also be used independently of any other building assessment to determine building energy performance.
4.2.3 Site-Specific—This practice is property-specific in that it relates to existing building energy performance. The practice is not intended to replace Guide E2018 PCA or Practice E1527 ESA conducted by a qualified consultant or individual, but rather to supplement it.
4.3 Who May Conduct—A BEPA shall be performed by a qualified consultant or individual (hereafter referred to as the “Consultant”) with the education, training and experience necessary to perform the requirements of this practice (see Appendix X4). No practical approach can be designed to eliminate the role of professional judgment and the value and need for experience in the individual performing the inquiry. The professional experience of the Consultant is, consequently, import...
SCOPE
1.1 Purpose—The purpose of this standard is to define a commercially useful practice in the United States of America for conducting a building energy performance assessment (BEPA) on a building involved in a commercial real estate transaction and subsequent reporting of the building energy performance information. The practice is intended to provide a methodology to the user for the collection, compilation, analysis, and reporting of building energy performance information associated with a commercial building. The practice may be used independently or as a voluntary supplement to Guide E2018 for property condition assessments or Practice E1527 for Phase I environmental site assessments. Utilization of this practice and performance of a BEPA is voluntary. If the property owner (e.g., the seller) is unwilling or unable to provide building energy use and cost information, a BEPA cannot be performed.
1.2 Building Energy Performance—This practice defines building energy performance as the building’s total annual energy use and cost for heating, cooling, electricity, and other related uses. Energy use, for example, includes total electricity purchased; purchased or delivered steam, hot water, or chilled water; natural gas; fuel oil; coal; propane; biomass; or any other matter consumed as fuel and any electricity generated on site from renewable/alternative energy systems (for example, wind energy generator technology, fuel cells, microturbines or solar photovoltaic systems).
1.3 Objectives—Objectives in the development of this practice are to: (1) define a commercially useful practice for collecting, compiling, and analyzing building energy performance information associated with a building involved in a commercial real estate transaction; (2) facilitate consistency in the collection, compilation, analysis, and reporting of building energy performance information as may be required under building benchmarking, labeling,...
- Standard33 pagesEnglish language
- Standard33 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This guide is intended for use on a voluntary basis by parties who wish to conduct a VES on a parcel of real estate to determine if a VEC is identified for the TP (that is, the presence or likely presence of COC vapors in the vadose zone of the TP caused by the release of vapors from contaminated soil and/or groundwater either on or near the TP as identified by the Tier 1 or Tier 2 procedures in this guide). The process defined in this guide is a screening process that requires information similar to information generally collected as part of a Practice E1527 Phase I ESA as well as additional information described in subsection 5.3 and Section 8 of this guide. If a VEC is identified by this screening process, the user may conduct further investigation. This guide, however, defines a procedure for determining in connection with a property involved in a real estate transaction whether a VEC exists or does not exist. A “VEC exists” determination is appropriate, for example, when there is known COC contamination in, at or on the TP, such as may be the case when COC-contaminated groundwater exists in the subsurface of the TP. A “VEC does not exist” determination is appropriate, for example, when subsurface sampling has confirmed that COC’s are not present. The guide can be applied to property with existing structures, property with structures that will be substantially rehabilitated, property without existing structures but having planned structures (for example, property in development), or property without existing structures and with no planned structures (for example, undeveloped property with no planned development).
4.2 Clarifications on Use:
4.2.1 Use in Conjunction with Practice E1527 Phase I ESA—This guide, when used in conjunction with Practice E1527 Phase I ESA, may assist the user and environmental professional in developing information about VECs associated with a TP. This guide has utility for a wide range of persons, including those who may...
SCOPE
1.1 Purpose—The purpose of this guide is to provide practical guidance and a useful process for conducting a vapor encroachment screen (VES) on a property parcel involved in a real estate transaction in the United States of America with respect to chemicals of concern (COC) that may migrate as vapors into the vadose zone of a property as a result of contaminated soil and/or groundwater on or near the property. This guide may be used in conjunction with Practice E1527 but does not alter or in any way define the scope of that practice. In addition, performance of this guide is not a requirement of and does not constitute, expand, or in any way define “all appropriate inquiry” as defined and approved by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the regulations there under, including 40 CFR Sec. 312.11.
1.1.1 Vapor Encroachment Condition (VEC)—The goal of conducting a VES, as established by this guide, on a parcel of property is to identify a vapor encroachment condition (VEC), which is the presence or likely presence of COC vapors in the vadose zone of the target property (TP) caused by the release of vapors from contaminated soil and/or groundwater either on or near the TP as identified by Tier 1 (see Section 8) or Tier 2 (see Section 9) procedures.
1.1.2 Federal, State, and Local Environmental Laws—This guide does not address requirements of any federal, state, or local laws with respect to vapor intrusion. Users are cautioned that federal, state, and local laws, regulations, or policy may impose vapor encroachment screening or vapor intrusion assessment obligations that are beyond the scope of this guide (information is provided in Appendix X5 and Appendix X9). Users should also be aware that there may be other legal obligations, for example, disclosure, with regard to COC or COC vapors discovered on the TP that are no...
- Guide34 pagesEnglish language
- Guide34 pagesEnglish language
SIGNIFICANCE AND USE
3.1 Use—This guide is intended for use on a voluntary basis by parties who desire to obtain a baseline PCA of commercial real estate. This guide also recognizes that there are varying levels of property condition assessment and due diligence that can be exercised that are both more and less comprehensive than this guide, and that may be appropriate to meet the objectives of the user. Users should consider their requirements, the purpose that the PCA is to serve, and their risk tolerance level before selecting the consultant and the level of due diligence to be exercised by the consultant. The user should also review or establish the qualifications, or both, of the proposed field observer and PCR reviewer prior to engagement. A PCR should identify any deviations or exceptions to this guide. Furthermore, no implication is intended that use of this guide be required in order to have conducted a property condition assessment in a commercially prudent and reasonable manner. Nevertheless, this guide is intended to reflect a reasonable approach for the preparation of a baseline PCA.
3.2 Clarification of Use:
3.2.1 Specific Point in Time—A user should only rely on the PCR for the point in time at which the consultant's observations and research were conducted.
3.2.2 Site-Specific—The PCA performed in accordance with this guide is site-specific in that it relates to the physical condition of real property improvements on a specific parcel of commercial real estate. Consequently, this guide does not address many additional issues in real estate transactions such as economic obsolescence, the purchase of business entities, or physical deficiencies relating to off-site conditions.
3.3 Who May Conduct—The walk-through survey portion of a PCA should be conducted by a field observer, and the PCR should be reviewed by a PCR reviewer; both qualified as suggested in X1.1.1 and X1.1.2, respectively.
3.4 Principles—The following principles are an integral part of this g...
SCOPE
1.1 Purpose—The purpose of this guide is to define good commercial practice in the United States of America for conducting a baseline property condition assessment (PCA) of the improvements located on a parcel of commercial real estate by performing a walk-through survey and conducting research as outlined within this guide.
1.1.1 Physical Deficiencies—In defining good commercial and customary practice for conducting a baseline PCA, the goal is to identify and communicate physical deficiencies to a user. The term physical deficiencies includes the presence of conspicuous defects and material deferred maintenance of a subject property's material systems, components, or equipment as observed during completion of the PCA. This definition specifically excludes deficiencies that may be remedied with routine maintenance, miscellaneous minor repairs, normal operating maintenance, etc., and excludes de minimis conditions that generally do not present material physical deficiencies of the subject property.
1.1.2 Walk-Through Survey—This guide outlines procedures for conducting a walk-through survey to identify the subject property's physical deficiencies, and recommends various systems, components, and equipment that should be observed by the field observer and reported in the property condition report (PCR).
1.1.3 Document Reviews and Interviews—The scope of this guide includes document reviews, research, and interviews to augment the walk-through survey so as to assist the consultant's understanding of the subject property and identification of physical deficiencies.
1.1.4 Property Condition Report—The work product resulting from completing a PCA in accordance with this guide is a Property Condition Report (PCR). The PCR incorporates the information obtained during the Walk-Through Survey, the Document Review and Interviews sections of this guide, and includes Opinions of Costs for suggested remedies of the physica...
- Guide21 pagesEnglish language
- Guide21 pagesEnglish language
- Guide21 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Use—This guide is intended for use on a voluntary basis by parties who wish to obtain a limited survey of commercial real estate to assess for readily observable moisture-affected materials and physical deficiencies conducive to elevated moisture as part of a commercial real estate transaction or commercial property management. This guide is intended to constitute a baseline inquiry using representative observations for the purposes of conducting due diligence regarding the actual and potential presence of readily observable moisture affected materials and physical deficiencies conducive to elevated moisture in connection with a property. Inquiries that are more and less comprehensive than this guide (including, in some instances, no inquiry) may be appropriate in some circumstances in the opinion of the user (for example, when the presence of moisture affected materials is known to the user). Furthermore, no implication is intended that a person must use this guide in order to be deemed to have conducted appropriate inquiry in a commercially prudent or reasonable manner in a particular transaction. Nevertheless, this guide is intended to reflect a commercially prudent and reasonable inquiry. However, a VMA is not intended to serve as a comprehensive survey for the presence of readily observable moisture affected materials and physical deficiencies conducive to elevated moisture in all or most of the building systems throughout a commercial building.
4.2 Clarification of Use:
4.2.1 Specific Point in Time—Because conditions conducive to elevated moisture in a building can vary greatly over time due to changes in weather, interior air handling and conditioning, occupancy, and so forth, a user should only rely on the results presented in the report for the point in time at which the VMA was conducted.
4.2.2 Site-Specific—This guide is site-specific in that it relates to assessment of readily observable moisture affected materials and physical deficiencies...
SCOPE
1.1 Purpose—The purpose of this guide2 is to define good commercial practice for conducting a baseline survey for readily observable moisture affected materials and conditions conducive to elevated moisture in a commercial building related to a commercial real estate transaction or commercial real estate asset management by conducting: a walk-through survey, document reviews, and interviews as outlined within this guide. This guide is intended to provide a practical means for the visual identification of moisture affected materials and physical deficiencies conducive to elevated moisture as a result of water infiltration through the building envelope or substructure, or generated within the subject building as a result of processes or mechanical systems, excluding de minimis conditions. This guide is to allow a user to assess general moisture concerns, as well as the potential need for further assessment or other actions that may be appropriate that are beyond the scope of this guide. For purposes of this guide, the initialism “VMA” or “Visual Moisture Assessment” is used interchangeably with this guide’s full title.
1.2 Purpose Limitations—While a VMA may be used to survey for readily identifiable moisture affected materials and physical deficiencies conducive to elevated moisture, the VMA is not designed to serve as comprehensive survey for the presence of moisture affected materials and physical deficiencies conducive to elevated moisture in all or most areas in a commercial building. It is not intended to reduce or eliminate the risks that elevated moisture may pose to the subject building or its occupants.
1.3 Considerations Beyond This Scope—The use of this guide is strictly limited to the scope set forth in this section. Section 12 of this guide identifies, for informational purposes, certain physical conditions (not an all-inclusive list) that may exist at a property and certain activities or procedures (no...
- Guide25 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This practice is intended for use by DoD components and environmental professionals in order to facilitate EBS efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps and EBS Reports used to support CERFA uncontaminated property identifications and property suitable for transfer by lease or by deed.
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.
4.2.2 Residential Tenants/Purchasers and Others—No implication is intended that it is currently customary practice for residential tenants of multifamily residential buildings, tenants of single-family homes or other residential real estate, or purchasers of dwellings for one's own residential use, to conduct an EBS in connection with these transactions. Thus, these transactions are not included in the term commercial real estate transactions. Thus, although such property may be included within the scope of an EBS, their occupants shall not be treated as key site personnel with regard to the housing occupied for the purpose of conducting an EBS.
4.2.3 Site-Specific—This practice is site-specific in that it relates to assessment of environmental conditions of federal real property. Consequently, this practice does not address many additional issues raised in transactions such as purchases of business entities; or interests therein, or of their assets, that may well involve environmental liabilities pertaining to properties previously owned or operated or other off-site environmental liabilities.
4.3 Related Practices—See Practices E1527 and E1528.
4.4 Principles—The following principles are an integral part of this practice and all related practices and are intended to be referred to in resolving an...
SCOPE
1.1 Purpose—The purpose of this practice is to define good commercial and customary practice in the United States for conducting an environmental baseline survey (EBS) in order to determine certain elements of the environmental condition of federal real property, including excess and surplus property at closing and realigning military installations. This effort is conducted to fulfill certain requirements of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) section 120(h), as amended by the Community Environmental Response Facilitation Act of 1992 (CERFA). As such, this practice is intended to help a user to gather and analyze data and information in order to classify property into seven environmental condition of property area types (in accordance with the Standard Classification of Environmental Condition of Property Area Types). Once documented, the EBS is used to support Findings of Suitability to Transfer (FOSTs), Findings of Suitability to Lease (FOSLs), or uncontaminated property determinations, or a combination thereof, pursuant to the requirements of CERFA. Users of this practice should note that it does not address (except where explicitly noted) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the conduct of the EBS or during the identification and use of the standard environmental condition of property area types.
1.1.1 Environmental Baseline Survey—In accordance with the Department of Defense (DoD) policy, an EBS will be prepared or evaluated for its usefulness (and updated if necessary) for any property to be transferred by deed or leased. The EBS will be based on existing environmental information related to storage, release, treatment, or disposal of hazardous substances or petroleum products on the property to determine or discover the obviousness of the presence or likely presence of a release or threatened release...
- Standard22 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This practice sets forth a procedure for conducting limited environmental due diligence . This practice is intended for use on a voluntary basis by parties who wish to assess the environmental condition of commercial real estate where a Phase I Environmental Site Assessment is, initially, deemed to be unnecessary by the user and the parties do not seek CERCLA LLPs . This practice is intended primarily as a commercially prudent or reasonable approach to conducting an inquiry designed to identify potential environmental concerns in connection with a property.
4.2 Clarifications on Use:
4.2.1 Use Not Intended for CERCLA Liability Protection—This document is not intended to permit a user to satisfy CERCLA LLPs, that is, 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).
4.2.2 Transaction Screen Does Not Identify Recognized Environmental Conditions—This practice does not define a scope of assessment sufficient to identify recognized environmental conditions as defined in 3.2.74 of Practice E1527 and 3.2.80 of Practice E2247.
4.2.3 Residential Tenants/Purchasers and Others—Although this document is not intended for residential purposes, it may be used at the user’s discretion for residential tenants of multifamily residential buildings, tenants of single-family homes or other residential real estate, or purchasers of dwellings for residential use, to conduct a transaction screen in connection with these transactions.
4.2.4 Site-Specific—This practice is site-specific in that it relates to assessment of environmental conditions on a specific parcel of commercial real estate. Consequently, this practice does not address many additional issues raised in transactions such as purchases of business entities, or interests therein, or of their assets, that may well involve environmental liabilities pertain...
SCOPE
1.1 Purpose—The purpose of this practice is to define a good practice in the United States of America for conducting a transaction screen2 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 E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or ASTM E2247: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property may be used.
1.1.1 This practice will not satisfy the requirement to conduct all appropriate inquiries into the previous ownership and uses of the property consistent with “generally accepted good commercial and customary standards and practices” as defined in 42 U.S.C. §9601(35)(B) to qualify for one of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Landowner Liability Protections (LLPs). Users who desire to conduct environmental due diligence to qualify for one of the CERCLA LLPs should conduct assessment activities in conformity with “Standards and Practices for All Appropriate Inquiries,” 40 C.F.R. Part 312, ASTM E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or ASTM E2247: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.
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...
- Standard27 pagesEnglish language
- Standard27 pagesEnglish language
SIGNIFICANCE AND USE
4.1 Uses—This practice sets forth a procedure for conducting limited environmental due diligence. This practice is intended for use on a voluntary basis by parties who wish to assess the environmental condition of commercial real estate where a Phase I Environmental Site Assessment is, initially, deemed to be unnecessary by the user and the parties do not seek CERCLA LLPs. This practice is intended primarily as a commercially prudent or reasonable approach to conducting an inquiry designed to identify potential environmental concerns in connection with a property.
4.2 Clarifications on Use:
4.2.1 Use Not Intended for CERCLA Liability Protection—This document is not intended to permit a user to satisfy CERCLA LLPs, that is, 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).
4.2.2 Transaction Screen Does Not Identify Recognized Environmental Conditions—This practice does not define a scope of assessment sufficient to identify recognized environmental conditions as defined in 3.2.74 of Practice E1527 and 3.2.80 of Practice E2247.
4.2.3 Residential Tenants/Purchasers and Others—Although this document is not intended for residential purposes, it may be used at the user’s discretion for residential tenants of multifamily residential buildings, tenants of single-family homes or other residential real estate, or purchasers of dwellings for residential use, to conduct a transaction screen in connection with these transactions.
4.2.4 Site-Specific—This practice is site-specific in that it relates to assessment of environmental conditions on a specific parcel of commercial real estate. Consequently, this practice does not address many additional issues raised in transactions such as purchases of business entities, or interests therein, or of their assets, that may well involve environmental liabilities pertainin...
SCOPE
1.1 Purpose—The purpose of this practice is to define a good practice in the United States of America for conducting a transaction screen2 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 E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or ASTM E2247: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property may be used.
1.1.1 This practice will not satisfy the requirement to conduct all appropriate inquiries into the previous ownership and uses of the property consistent with “generally accepted good commercial and customary standards and practices” as defined in 42 U.S.C. §9601(35)(B) to qualify for one of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Landowner Liability Protections (LLPs). Users who desire to conduct environmental due diligence to qualify for one of the CERCLA LLPs should conduct assessment activities in conformity with “Standards and Practices for All Appropriate Inquiries,” 40 C.F.R. Part 312, ASTM E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or ASTM E2247: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.
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...
- Standard27 pagesEnglish language
- Standard27 pagesEnglish language
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 commercial real estate 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 Tenants/Purchasers and Others—No implication is intended that it is currently customary practice for residential tenants of multifamily residential buildings, tenants 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 commercial real estate 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 customary practice for environmental site as...
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 an environmental site assessment2 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) (42 U.S.C. §9601) 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 and 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. Additionally, 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 1.3 and 13).
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 condition...
- Standard47 pagesEnglish language
- Standard47 pagesEnglish language
SIGNIFICANCE AND USE
Uses:
This practice is intended for use on a voluntary basis by parties who wish to evaluate known releases or likely release areas identified by the user or Phase II Assessor, and/or to assess the presence or likely presence of substances, for legal or business reasons such as those described in 1.2.
This practice is intended to meet the business community's need for a written, practical reference describing a scientifically sound approach to investigating a property to evaluate the presence or likely presence of a substance. It is impossible to generalize about the contexts in which a user may wish to conduct such investigations or the degree of confidence a user may require in the results. In any context, this practice, being rooted in sound scientific methodology, can assist users in achieving an objective and defensible assessment.
This practice does not address the evaluation of business environmental risks in light of data collected through the Phase II ESA process. Such evaluation is a function of site- and transaction-specific variables, and of the user’s objectives and risk tolerance. This practice contemplates that the Phase II ESA process will be planned and conducted with such variables in mind, and that the user will evaluate legal, business and environmental risks in light of known data relating to the particular site and transaction, and in consultation with legal and business advisors as well as the Phase II Assessor.
Likewise, this practice does not define the threshold levels at which target analytes pose a concern of significance to the user. Users may apply this practice not only in light of applicable regulatory criteria and relevant liability principles, but also to meet self-defined objectives.
If a Phase II ESA conducted in accordance with this practice provides sufficient information from which the Phase II Assessor can conclude, consistent with the scientific method, that the question to be addressed by the assessment (see 6.4...
SCOPE
1.1 This practice covers a process for conducting a Phase II environmental site assessment (ESA) of a parcel of property with respect to the presence or the likely presence of substances including but not limited to those within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (e.g., hazardous substances), pollutants, contaminants, petroleum and petroleum products, and controlled substances and constituents thereof. It specifies procedures based on the scientific method to characterize property conditions in an objective, representative, reproducible, and defensible manner. To promote clarity in defining Phase II ESA objectives and transparency in communicating and interpreting Phase II ESA results, this practice specifies adherence to requirements for documenting the scope of assessment and constraints on the conduct of the assessment process.
1.1.1 A user's interest in the presence or likely presence of substances in environmental media at a property may arise in a wide variety of legal, regulatory, and commercial contexts, and may involve diverse objectives including those listed in 1.2. This practice contemplates that the user and the Phase II Assessor will consult to define the scope and objectives of investigation in light of relevant factors, including without limitation the substances released or possibly released at the property, the nature of the concerns presented by their presence or likely presence, the portion of the property to be investigated, the information already available, the degree of confidence needed or desired in the results, the degree of investigatory sampling and chemical testing needed to achieve such confidence, and any applicable time and resource constraints. This practice requires that Phase II activities be conducted so that the resulting scope of work is performed, and the stated objectives are achieved, in a scientifically sound manner.
- Standard21 pagesEnglish language
- Standard21 pagesEnglish language
SIGNIFICANCE AND USE
Uses—This guide is intended for use on a voluntary basis primarily by parties who desire to satisfy continuing obligations at commercial real estate or at forestland or rural properties. As such, this guide provides information and suggested procedures that could be useful to persons who wish to assert a defense to CERCLA liability and to establish one of the LLPs. This guide may apply where response actions have already occurred, where response actions remain ongoing, or where response actions may be necessary in the future. As noted in 1.1.6, however, the use of this guide need not be necessarily limited to CERCLA LLPs.
Clarifications on Use:
Use is Property-Specific—Continuing obligations, and the process to identify and implement continuing obligations, is necessarily property-specific. Therefore, this guide includes information to consider when performing a property-specific, fact-based evaluation to determine appropriate continuing obligations.
Partially Addresses Eligibility for CERCLA LLPs—Users wishing to establish CERCLA LLPs should be aware that the continuing obligations covered by this guide comprise only part of CERCLA's statutory eligibility requirements for LLPs. For example, users seeking to qualify for LLPs must perform AAI before property acquisition. Users seeking the BFPP or CPO LLP must also demonstrate that they are not liable or potentially liable or affiliated with any person who is liable or potentially liable for releases of hazardous substances under CERCLA. 42 U.S.C. §9607(q)(1)(A)(ii); 42 U.S.C. §9601(40)(H). Further, users seeking the BFPP LLP must establish that disposal of hazardous substances occurred on the property prior to its acquisition. 42 U.S.C. §9601(40)(A). Users seeking the CPO LLP must establish that they did not cause, contribute or consent to the release of hazardous substances. 42 U.S.C. §9607(a)(A)(i). Finally, users seeking to qualify for the ILO LLP must establish that a third party was the sole cause of th...
SCOPE
1.1 Purpose—The purpose of this guide is to provide information and guidance related to the process of identifying and fulfilling continuing obligations at commercial real estate, and forestland and rural property, with respect to hazardous substances within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 9601 et seq.) as well as petroleum products (collectively hereafter chemicals of concern). As such, this guide’s primary purpose is to provide information and guidance about procedures that, if completed, would help users to satisfy continuing obligations applicable to the innocent landowner, the contiguous property owner (CPO), and the bona fide prospective purchaser (BFPP) protections from CERCLA liability (hereinafter, collectively referred to as the “Landowner Liability Protections,” or “LLPs”) (see Legal Appendix X1.1 to X1.3 for an outline of CERCLA's liability and defense provisions).
1.1.1 Continuing Obligations—Subsequent to property acquisition, the Small Business Liability Relief and Brownfields Revitalization Act of 2002 (the “Brownfields Amendments”), which amended CERCLA, requires persons (a broad term meant to cover individuals, companies, government agencies, and other entities) seeking to maintain LLPs to establish, by a preponderance of the evidence, fulfillment of certain continuing obligations. The continuing obligations set forth in the Brownfields Amendments include: (1) complying with any land use restrictions established or relied upon in connection with a response action at a property; (2) not impeding the effectiveness or integrity of any institutional controls employed at a property in connection with a response action; (3) taking reasonable steps with respect to releases of hazardous substances, including stopping continuing releases, preventing threatened future releases, and preventing or limiting human, environmental or natural ...
- Guide50 pagesEnglish language
SIGNIFICANCE AND USE
Activity and use limitations are typically used in conjunction with risk-based decision-making principles in Federal, state, tribal, and local remediation programs, or where residual chemicals of concern remain following an evaluation of risk or following the implementation of a remedial action (see American Bar Association's Implementing Institutional Controls at Brownfields and Other Contaminated Sites; EPA's Institutional Controls: A Site Manager's Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups; EPA’s Interim Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitations on CERCLA Liability (Common Elements Guide); and EPA's Strategy to Insure Institutional Control Implementation at Superfund Sites). The principal purposes of activity and use limitations are to:
Eliminate exposure pathways for, or reduce potential exposures to, chemicals of concern;
Provide notice to property owners, holders of interests in the property, title companies, utilities, tenants, realtors, lenders, developers, appraisers and others of the presence and location of chemicals of concern that may be present on the site;
Identify the objectives and goals of each activity and use limitation;
Identify the exposure assumptions upon which each activity and use limitation is based;
Identify the site uses and activities which, if they were to occur in the future, would be appropriate and consistent with maintaining a condition of “acceptable risk” or “no significant risk”;
Identify the site uses and activities which should NOT occur in the future (unless further evaluation and remedial action, as appropriate, are undertaken), as those activities and uses may result in the exposure of persons or ecological receptors to chemicals of concern at or near the site in a manner that is inconsistent with a condition of “...
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 st...
- Guide36 pagesEnglish language
- Guide36 pagesEnglish language
SIGNIFICANCE AND USE
Uses—This practice is intended for use on a voluntary basis by parties who wish to conduct a BEPA on a building. The process defined in this practice involves the collection of building energy use information, some of which may be collected as part of Guide E2018 PCA or Practice E1527 ESA. The practice is intended primarily as an approach to conducting a standardized inquiry designed to identify building energy performance in connection with a commercial property involved in a real estate transaction. This practice is intended to reflect a commercially practical and reasonable inquiry.
Clarifications on Use:
Use in Conjunction with Guide E2018 PCA or Practice E1527—This practice, when added as a supplemental scope of work to a Guide E2018 PCA or a Practice E1527 ESA, is designed to assist the user and consultant in developing information about energy use in a building or buildings involved in a real estate transaction. The BEPA also has utility to a wide range of persons, including those who may not be involved in a real estate transaction.
Independent Use—This practice may also be used independently of any other building assessment to determine building energy performance.
Site-Specific—This practice is property-specific in that it relates to existing building energy performance. The practice is not intended to replace Guide E2018 PCA or Practice E1527 ESA conducted by a qualified consultant or individual, but rather to supplement it.
Who May Conduct—A BEPA shall be performed by a qualified consultant or individual (hereafter referred to as the “Consultant”) with the education, training and experience necessary to perform the requirements of this practice (see Appendix X4). No practical approach can be designed to eliminate the role of professional judgment and the value and need for experience in the individual performing the inquiry. The professional experience of the Consultant is, consequently, important to the performance of this BEPA.
Additiona...
SCOPE
1.1 Purpose—The purpose of this standard is to define a commercially useful practice in the United States of America for conducting a building energy performance assessment (BEPA) on a building involved in a commercial real estate transaction and subsequent reporting of the building energy performance information. The practice is intended to provide a methodology to the user for the collection, compilation, analysis, and reporting of building energy performance information associated with a commercial building. The practice may be used independently or as a voluntary supplement to Guide E2018 for property condition assessments or Practice E1527 for Phase I environmental site assessments. Utilization of this practice and performance of a BEPA is voluntary. If the property owner (e.g., the seller) is unwilling to provide building energy use and cost information, a BEPA cannot be performed.
1.2 Building Energy Performance—This practice defines building energy performance as the building’s total annual energy use and cost for heating, cooling, electricity, and other related uses. Energy use, for example, includes total electricity purchased; purchased or delivered steam, hot water, or chilled water; natural gas; fuel oil; coal; propane; biomass; or any other matter consumed as fuel and any electricity generated on site from alternative energy systems (for example, wind energy generator technology or solar photovoltaic systems).
1.3 Objectives—Objectives in the development of this practice are to: (1) define a commercially useful practice for collecting, compiling, and analyzing building energy performance information associated with a building involved in a commercial real estate transaction; (2) facilitate consistency in the collection, compilation, analysis, and reporting of building energy performance information as may be required under building labeling, disclosure, or mandatory auditing regulations; (3) supplement ...
- Standard35 pagesEnglish language
SIGNIFICANCE AND USE
Uses—This guide is intended for use on a voluntary basis by parties who wish to conduct a VES on a parcel of real estate to determine if a VEC is identified for the TP (that is, the presence or likely presence of COC vapors in the subsurface of the TP caused by the release of vapors from contaminated soil and/or groundwater either on or near the TP as identified by the Tier 1 or Tier 2 procedures in this guide). The process defined in this guide is a screening process that requires information similar to information generally collected as part of a Practice E1527 Phase I ESA as well as additional information described in subsection 5.3 and Section 8 of this guide. If a VEC is identified by this screening process, the user may conduct further investigation. This guide, however, defines a procedure for identifying in connection with a property involved in a real estate transaction whether a VEC exists, likely exists, cannot be ruled out, or can be ruled out because a VEC does not or is not likely to exist. The guide can be applied to property with existing structures, property with structures that will be substantially rehabilitated, property without existing structures but having planned structures (for example, property in development), or property without existing structures and with no planned structures (for example, undeveloped property with no planned development).
Clarifications on Use:
Use in Conjunction with Practice E1527 Phase I ESA—This guide, when used in conjunction with Practice E1527 Phase I ESA, may assist the user and environmental professional in developing information about VECs associated with a TP. This guide has utility for a wide range of persons, including those who may not be involved in a real estate transaction.
Independent Use—This guide may be used independent of a Practice E1527 Phase I ESA to determine if a VEC exists, likely exists, cannot be ruled out, or can be ruled out because a VEC does not or is not likely to exist.
S...
SCOPE
1.1 Purpose—The purpose of this guide is to provide practical guidance and a useful process for conducting a vapor encroachment screen (VES) on a property parcel involved in a real estate transaction in the United States of America with respect to chemicals of concern (COC) that may migrate as vapors onto a property as a result of contaminated soil and groundwater on or near the property. This guide may be used in conjunction with Practice E1527 but does not alter or in any way define the scope of that practice. In addition, performance of this guide is not a requirement of and does not constitute, expand, or in any way define “all appropriate inquiry” as defined and approved by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the regulations there under, including 40 CFR Sec. 312.11.
1.1.1 Vapor Encroachment Condition (VEC)—The goal of conducting a VES, as established by this guide, on a parcel of property is to identify a vapor encroachment condition (VEC), which is the presence or likely presence of COC vapors in the sub-surface of the target property (TP) caused by the release of vapors from contaminated soil or groundwater either on or near the TP as identified by Tier 1 (see Section 8) or Tier 2 (see Section 9) procedures.
1.1.2 Federal, State, and Local Environmental Laws—This guide does not address requirements of any federal, state, or local laws with respect to vapor intrusion. Users are cautioned that federal, state, and local laws, regulations, or policy may impose vapor encroachment screening or vapor intrusion assessment obligations that are beyond the scope of this guide (information is provided in Appendix X5 and Appendix X9). Users should also be aware that there may be other legal obligations, for example, disclosure, with regard to COC or COC vapors discovered on the TP that are not addressed in this guide.
...
- Standard33 pagesEnglish language
- Standard33 pagesEnglish language
SIGNIFICANCE AND USE
Uses—This classification is intended for use by DoD components in order to direct EBS efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps and EBS reports used to support CERFA uncontaminated parcel identifications and parcels suitable for transfer by lease or by deed. This classification should be used to facilitate standardized determinations of the environmental condition of a DoD installation's real property. Such environmental condition of property determinations are necessary to assess the progress of ongoing environmental restoration, identify areas where further response may be required, identify areas where further evaluation is necessary, and to support FOSTs and FOSLs. An environmental condition of property map, which should be prepared using this classification, provides a consolidated view of a DoD installation's environmental investigation data, including sampling information.
SCOPE
1.1 Purpose—The purpose of this classification is to define seven standard environmental condition of property area types for Department of Defense (DoD) real property at a closing military installation with respect to the requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 Section 120(h), as amended by the Community Environmental Response Facilitation Act (CERFA) of 1992, and Section 331 of the National Defense Authorization Act for Fiscal Year 1997. As such, this classification is intended to permit a DoD component to classify property into seven area types, in order to facilitate and support findings of suitability to transfer (FOSTs), findings of suitability to lease (FOSLs), and uncontaminated parcel determinations pursuant to the requirements of CERFA. Users of this classification should note that it does not address (except where noted explicitly) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the identification and use of these environmental condition of property area types.
1.1.1 Seven Recognized Standard Environmental Condition of Property Area Types—The goal of this classification is to permit DoD components to classify properties on closing DoD installations in order to support determinations of which properties are suitable and unsuitable for transfer by lease or by deed. The term “standard environmental condition of property area type” refers to one of the seven area types defined in this classification. An identification of an area type on an environmental condition of property map means that a DoD component has conducted sufficient studies to make a determination of the recognized environmental conditions of installation real property or has complied with the identification requirements of uncontaminated property under CERFA, or both, and has categorized the property into one of the following seven area types:
1.1.1.1 Standard Environmental Condition of Property Area Type 1—An area or parcel of real property where no release, or disposal of hazardous substances or petroleum products or their derivatives has occurred (including no migration of these substances from adjacent properties).
1.1.1.2 Standard Environmental Condition of Property Area Type 2—An area or parcel of real property where only the release or disposal of petroleum products or their derivatives has occurred.
1.1.1.3 Standard Environmental Condition of Property Area Type 3—An area or parcel of real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, but at concentrations that do not require a removal or remedial action.
1.1.1.4 Standard Environmental Condition of Property Area Type 4—An area or parcel of real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, and all remedial actions necessary to protect human health and the env...
- Standard8 pagesEnglish language
SIGNIFICANCE AND USE
Use—This guide is intended for use on a voluntary basis by parties who desire to obtain a baseline PCA of commercial real estate. This guide also recognizes that there are varying levels of property condition assessment and due diligence that can be exercised that are both more and less comprehensive than this guide, and that may be appropriate to meet the objectives of the user. Users should consider their requirements, the purpose that the PCA is to serve, and their risk tolerance level before selecting the consultant and the level of due diligence to be exercised by the consultant. The user should also review or establish the qualifications, or both, of the proposed field observer and PCR reviewer prior to engagement. A PCR should identify any deviations or exceptions to this guide. Furthermore, no implication is intended that use of this guide be required in order to have conducted a property condition assessment in a commercially prudent and reasonable manner. Nevertheless, this guide is intended to reflect a reasonable approach for the preparation of a baseline PCA.
Clarification of Use:
Specific Point in Time—A user should only rely on the PCR for the point in time at which the consultant's observations and research were conducted.
Site-Specific—The PCA performed in accordance with this guide is site-specific in that it relates to the physical condition of real property improvements on a specific parcel of commercial real estate. Consequently, this guide does not address many additional issues in real estate transactions such as economic obsolescence, the purchase of business entities, or physical deficiencies relating to off-site conditions.
Who May Conduct—The walk-through survey portion of a PCA should be conducted by a field observer, and the PCR should be reviewed by a PCR reviewer; both qualified as suggested in X1.1.1.1 and X1.1.1.2, respectively.
Principles—The following principles are an integral part of this guide. They are intended to be...
SCOPE
1.1 Purpose—The purpose of this guide is to define good commercial and customary practice in the United States of America for conducting a baseline property condition assessment (PCA) of the improvements located on a parcel of commercial real estate by performing a walk-through survey and conducting research as outlined within this guide.
1.1.1 Physical Deficiencies—In defining good commercial and customary practice for conducting a baseline PCA, the goal is to identify and communicate physical deficiencies to a user. The term physical deficiencies means the presence of conspicuous defects or material deferred maintenance of a subject property's material systems, components, or equipment as observed during the field observer's walk-through survey. This definition specifically excludes deficiencies that may be remedied with routine maintenance, miscellaneous minor repairs, normal operating maintenance, etc., and excludes de minimis conditions that generally do not present material physical deficiencies of the subject property.
1.1.2 Walk-Through Survey—This guide outlines procedures for conducting a walk-through survey to identify the subject property's physical deficiencies, and recommends various systems, components, and equipment that should be observed by the field observer and reported in the property condition report (PCR).
1.1.3 Document Reviews and Interviews—The scope of this guide includes document reviews, research, and interviews to augment the walk-through survey so as to assist the consultant's understanding of the subject property and identification of physical deficiencies.
1.1.4 Property Condition Report—The work product resulting from completing a PCA in accordance with this guide is a Property Condition Report (PCR). The PCR incorporates the information obtained during the Walk-Through Survey, the Document Review and Interviews sections of this guide, and includes Opinions of Probable Costs for...
- Guide25 pagesEnglish language
- Guide25 pagesEnglish language
SIGNIFICANCE AND USE
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 of 120 acres or greater taking into account commonly known and reasonably ascertainable information. While use of this practice is intended to constitute all appropriate inquiry 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 1.7.)
Clarifications on Use:
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.
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 inquiry or for any other purpose. In addition, no implication is intended that it is currently cu...
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 Phase I environmental site assessment of a property 120 acres or greater of forestland or rural property or with a developed use of only 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 appropriate inquiry 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 Recognized Environmental Conditions—In defining a standard of good commercial and customary practice for conducting an environmental site assessment of a parce...
- Standard43 pagesEnglish language
- Standard43 pagesEnglish language
SIGNIFICANCE AND USE
Uses—This practice is intended for use on a voluntary basis by parties who wish to conduct a VIA on a parcel of real estate, or more specifically conduct a screening evaluation to determine whether or not there is potential for a VIC, and if so, identify alternatives for further investigation. To determine whether the vapor intrusion exposure pathway is complete and, if so, whether it poses or may pose an unacceptable risk to human health (that is, whether a VIC exists), this practice directs the user and environmental professional to existing federal or state vapor intrusion policy, regulation and guidance (refer to Appendix X5 and Appendix X9). The process defined in this practice begins with a reasonably conservative screening process that requires information generally collected as part of a Practice E 1527 Phase I ESA. If a pVIC is identified in this initial screening, the process gradually progresses toward a more complex assessment involving increasingly greater use of site-specific data. For those sites unable to be screened out, the process provides alternative methods to determine whether a VIC exists. If a VIC is found to exist, the process describes general mitigation alternatives. This practice is intended primarily as an approach to conducting an inquiry designed to identify pVICs or VICs in connection with a property involved in a real estate transaction. This practice is intended to reflect a commercially practical and reasonable inquiry (see 1.2). The practice can be applied to property with existing structures, property with structures that will be substantially rehabilitated, property without existing structures but having planned structures (for example, property in development), or property without existing structures and with no planned structures (for example, undeveloped property with no planned development).
Clarifications on Use:
Use in Conjunction with Practice E 1527 Phase I ESA—This practice, when added as a supplemental scope of ...
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 vapor intrusion assessment (VIA) on a property parcel involved in a real estate transaction with respect to chemicals of concern (COC) that may migrate as vapors into existing or planned structures on a property due to contaminated soil and groundwater on the property or within close proximity to the property. This practice may be used as a voluntary supplement to Practice E 1527 and does not alter or in any way define the scope of that practice. In addition, performance of this standard is not a requirement of and does not constitute, expand, or in any way define “all appropriate inquiry” as defined or approved by U.S. EPA under CERCLA and the regulations thereunder, including 40 CFR Sec. 312.11.
1.1.1 Vapor Intrusion Condition (VIC)—In defining a standard of good commercial and customary practice for conducting a VIA on a parcel of property, the goal of the process established by this practice is to identify whether or not a vapor intrusion condition (VIC) exists or is likely to exist on the property. The term VIC means the presence or likely presence of any COC in the indoor air environment of existing or planned structures on a property caused by the release of vapor from contaminated soil or groundwater either on the property or within close proximity to the property, at a concentration that presents or may present an unacceptable health risk to occupants. The term is not intended to include de minimis conditions that do not normally represent an unacceptable health risk to occupants and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. A condition determined to be de minimis does not represent a VIC.
1.1.2 Other Federal, State, and Local Environmental Laws—This practice does not address requ...
- Standard56 pagesEnglish language
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...
- Standard26 pagesEnglish language
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...
- Standard26 pagesEnglish language
SCOPE
1.1 PurposeThe purpose of this practice 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) (42 U.S.C. 9601) 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 inquiry 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 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. Additionally, 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 1.3 and 13).
1.1.1 Recognized Environmental ConditionsIn 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, ground water, 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 threat to human 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. Conditions determined to be de minimis are not recognized environmental conditions.
1.1.2 Petroleum ProductsPetroleum products are included within the scope of this practice 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 is not based upon the applicability, if any, of CERCLA to petroleum products. (See X1.7 for discussion of petroleum exclusion to CERCLA liability.)
1.1.3 CERCLA Requirements Other Than Appropriate InquiryThis practice does not address whether requirements in addition to all appropriate inquiry have been met in order to qualify for the LLPs (for example, the duties specified in 42 U.S.C. 9607(b)(3)(a) and (b) and cited in Appendix X1, including the continuing obligation not to impede the integrity and effectiveness of activity and use limitations (AULs), or the duty to take reasonable steps to prevent releases, or the duty to comply with legally required release reporting obligations).
1.1.4 Other Federal, State, and Local Environmental LawsThis practice does not address requirem...
- Standard35 pagesEnglish language
- Standard35 pagesEnglish language
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.
- Guide30 pagesEnglish language
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1.1 PurposeThe purpose of this practice is to define good commercial and customary practice in the United States for conducting an environmental baseline survey (EBS) in order to determine certain elements of the environmental condition of federal real property, including excess and surplus property at closing and realigning military installations. This effort is conducted to fulfill certain requirements of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) section 120(h), as amended by the Community Environmental Response Facilitation Act of 1992 (CERFA). As such, this practice is intended to help a user to gather and analyze data and information in order to classify property into seven environmental condition of property area types (in accordance with the Standard Classification of Environmental Condition of Property Area Types). Once documented, the EBS is used to support Findings of Suitability to Transfer (FOSTs), Findings of Suitability to Lease (FOSLs), or uncontaminated property determinations, or a combination thereof, pursuant to the requirements of CERFA. Users of this practice should note that it does not address (except where explicitly noted) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the conduct of the EBS or during the identification and use of the standard environmental condition of property area types.
1.1.1 Environmental Baseline SurveyIn accordance with the Department of Defense (DoD) policy, an EBS will be prepared or evaluated for its usefulness (and updated if necessary) for any property to be transferred by deed or leased. The EBS will be based on existing environmental information related to storage, release, treatment, or disposal of hazardous substances or petroleum products on the property to determine or discover the obviousness of the presence or likely presence of a release or threatened release of any hazardous substance or petroleum product. In certain cases, additional data, including sampling, if appropriate under the circumstances, may be needed in the EBS to support the FOST or FOSL. A previously conducted EBS may be updated as necessary and used for making a FOST or FOSL. An EBS also may help to satisfy other environmental requirements (for example, to satisfy the requirements of CERFA or to facilitate the preparation of environmental condition reports). In addition, the EBS provides a useful reference document and assists in compliance with hazard abatement policies related to asbestos and lead-based paint. The EBS process consists of discrete steps. This practice principally addresses EBS-related information gathering and analysis.
1.1.2 CERCLA Section 120(h) RequirementsThis practice is intended to assist with the identification of installation areas subject to the notification and covenant requirements of CERCLA 120(h) relating to the deed transfer of contaminated Federal real property (42 USC 9601 et seq.).
1.1.3 CERFA RequirementsThis practice can be used to provide information that can be used to partially fulfill the identification requirements of CERFA [Pub. L. 102-426, 106 Stat. 2174], which amended CERCLA. Property classified as area Type 1, in accordance with Classification D 5746 is eligible for reporting as "uncontaminated" under the provisions of CERFA. Additionally, certain property classified as area Type 2, where evidence indicates that storage occurred for less than one year, may also be identified as uncontaminated. At installations listed on the National Priorities List, Environmental Protection Agency (EPA) concurrence must be obtained for the property to be considered "uncontaminated" and therefore transferable under CERCLA 120(h)(4). The EPA has stated that there may be instances in which it would be appropriate to concur with the DoD Component that certain property can be identified as uncontaminated under CERCLA 120(h)(4) although some limited quantity o...
- Standard22 pagesEnglish language
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 Phase I environmental site assessment of a property 120 acres or greater of forestland or rural property or with a developed use of only 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 adjoining; however, the separate 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 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 § 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 scope of the work in Section 12 (Non-Scope Considerations) also applies to conditions that would affect the quality of water and threatened and endangered species on a property (as defined in the Clean Water Act and the Endangered Species Act specific to non-point source BMP deviations and the taking of threatened and endangered species). 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 or that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.
1.1.2 Three Related Practices—This practice is closely related to Practices E 1527 and E 1528. Both E 1527 and E 1528 are environmental site assessments for commercial real estate (see 4.3). This practice also shares similar protocols with Appendix guidance documents X3 and X4: Phase I Environmental Site Assessment Guides for Clean Water Act Non-Point Source Considerations and Threatened and Endangered Species Considerations on Forestland or Rural Property.
1.1.3 Petroleum Products—Petroleum products are included within the scope of this practice because they are of concern with respect to many parcels of forestland or rural property and current custom and usage is to include an inquiry into the presence of petroleum products when doing an environmental site assessment of forestland or rural property. Inclusion of petroleum products within the scope of this practice 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 § 9607(b)(3)(a) and (b) and cited in Appendix X1).
1.1.5 Other Federal, State, and Local Envir...
- Standard33 pagesEnglish language
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1.1 Purpose—The purpose of this guide is to define good commercial and customary practice in the United States of America for conducting a baseline property condition assessment (PCA) of the improvements located on a parcel of commercial real estate by performing a walk-through survey and conducting research as outlined within this guide.
1.1.1 Physical Deficiencies—In defining good commercial and customary practice for conducting a baseline PCA, the goal is to identify and communicate physical deficiencies to a user. The term physical deficiencies means the presence of conspicuous defects or material deferred maintenance of a subject property's material systems, components, or equipment as observed during the field observer's walk-through survey. This definition specifically excludes deficiencies that may be remedied with routine maintenance, miscellaneous minor repairs, normal operating maintenance, etc., and excludes de minimis conditions that generally do not present material physical deficiencies of the subject property.
1.1.2 Walk-Through Survey—This guide outlines procedures for conducting a walk-through survey to identify the subject property's material physical deficiencies, and recommends various systems, components, and equipment that should be observed by the field observer and reported in the property condition report (PCR).
1.1.3 Document Reviews and Interviews—The scope of this guide includes document reviews, research, and interviews to augment the walk-through survey so as to assist the consultant's understanding of the subject property and identification of physical deficiencies.
1.1.4 Property Condition Report—The work product resulting from completing a PCA in accordance with this guide is a PCR. The PCR incorporates the information obtained during the Walk-Through Survey, the Document Review and Interviews sections of this guide, and includes opinions of probable costs for suggested remedies of the physical deficiencies identified.
1.2 Objectives—Objectives in the development of this guide are: (1) define good commercial and customary practice for the PCA of primary commercial real estate improvements; (2) facilitate consistent and pertinent content in PCRs; (3) develop practical and reasonable recommendations and expectations for site observations, document reviews and research associated with conducting PCAs and preparing PCRs; (4) establish reasonable expectations for PCRs; (5) assist in developing an industry baseline standard of care for appropriate observations and research; and (6) recommend protocols for consultants for communicating observations, opinions, and recommendations in a manner meaningful to the user.
1.3 Considerations Beyond Scope—The use of this guide is strictly limited to the scope set forth in this section. Section and of this guide identify, for informational purposes, certain physical conditions that may exist on the subject property, and certain activities or procedures (not an all inclusive list) that are beyond the scope of this guide but may warrant consideration by parties to a commercial real estate transaction.
1.4 Organization of This Guide—This guide consists of several sections, an Annex and two Appendixes. Section 1 is the Scope. Section 2 on Terminology contains definitions of terms both unique to this guide and not unique to this guide, and acronyms. Section 3 sets out the Significance and Use of this guide, and Section 4 describes the User's Responsibilities. Sections 5 through 10 provide guidelines for the main body of the PCA, including the scope of the Walk-Through Survey, preparation of the Opinions of Probable Costs to Remedy Physical Deficiencies, and preparation of the PCR. Section 11 provides additional information regarding out of scope considerations (see 1.3). Annex A1 provides requirements relating to specific asset types, and where applicable, such requirements are to be considered as if integral to this guide. Appendix X1 prov...
- Guide24 pagesEnglish language
SCOPE
1.1 Purpose—The purpose of this guide is to define good commercial and customary practice in the United States of America for conducting a baseline property condition assessment (PCA) of the improvements located on a parcel of commercial real estate by performing a walk-through survey and conducting research as outlined within this guide.
1.1.1 Physical Deficiencies—In defining good commercial and customary practice for conducting a baseline PCA, the goal is to identify and communicate physical deficiencies to a user. The term physical deficiencies means the presence of conspicuous defects or material deferred maintenance of a subject property's material systems, components, or equipment as observed during the field observer's walk-through survey. This definition specifically excludes deficiencies that may be remedied with routine maintenance, miscellaneous minor repairs, normal operating maintenance, etc., and excludes de minimis conditions that generally do not present material physical deficiencies of the subject property.
1.1.2 Walk-Through Survey—This guide outlines procedures for conducting a walk-through survey to identify the subject property's material physical deficiencies, and recommends various systems, components, and equipment that should be observed by the field observer and reported in the property condition report (PCR).
1.1.3 Document Reviews and Interviews—The scope of this guide includes document reviews, research, and interviews to augment the walk-through survey so as to assist the consultant's understanding of the subject property and identification of physical deficiencies.
1.1.4 Property Condition Report—The work product resulting from completing a PCA in accordance with this guide is a PCR. The PCR incorporates the information obtained during the Walk-Through Survey, the Document Review and Interviews sections of this guide, and includes opinions of probable costs for suggested remedies of the physical deficiencies identified.
1.2 Objectives—Objectives in the development of this guide are: (1) define good commercial and customary practice for the PCA of primary commercial real estate improvements; (2) facilitate consistent and pertinent content in PCRs; (3) develop practical and reasonable recommendations and expectations for site observations, document reviews and research associated with conducting PCAs and preparing PCRs; (4) establish reasonable expectations for PCRs; (5) assist in developing an industry baseline standard of care for appropriate observations and research; and (6) recommend protocols for consultants for communicating observations, opinions, and recommendations in a manner meaningful to the user.
1.3 Considerations Beyond Scope—The use of this guide is strictly limited to the scope set forth in this section. Section and of this guide identify, for informational purposes, certain physical conditions that may exist on the subject property, and certain activities or procedures (not an all inclusive list) that are beyond the scope of this guide but may warrant consideration by parties to a commercial real estate transaction.
1.4 Organization of This Guide—This guide consists of several sections, an Annex and two Appendixes. Section 1 is the Scope. Section 2 on Terminology contains definitions of terms both unique to this guide and not unique to this guide, and acronyms. Section 3 sets out the Significance and Use of this guide, and Section 4 describes the User's Responsibilities. Sections 5 through 10 provide guidelines for the main body of the PCA, including the scope of the Walk-Through Survey, preparation of the Opinions of Probable Costs to Remedy Physical Deficiencies, and preparation of the PCR. Section 11 provides additional information regarding out of scope considerations (see 1.3). Annex A1 provides requirements relating to specific asset types, and where applicable, such requirements are to be considered as if integral to this guide. Appendix X1 prov...
- Guide24 pagesEnglish language
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...
- Standard38 pagesEnglish language
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.
- Guide27 pagesEnglish language
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...
- Standard25 pagesEnglish language
Frequently Asked Questions
E50.02 is a Technical Committee within ASTM International. It is named "Real Estate Assessment and Management". This committee has published 60 standards.
E50.02 develops ASTM standards in the area of Information technology. Currently, there are 60 published standards from this technical committee.
ASTM is a standardization organization that develops and publishes standards to support industry, commerce, and regulatory requirements.
A Technical Committee (TC) in ASTM is a group of experts responsible for developing international standards in a specific technical area. TCs are composed of national member body delegates and work through consensus to create standards that meet global industry needs. Each TC may have subcommittees (SCs) and working groups (WGs) for specialized topics.