December 30, 2019   |   by admin

ASTM E—05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process on The new standard supersedes the standard, ASTM E , which had been deemed to satisfy the EPA’s “all appropriate inquiry” (AAI). The federal Comprehensive Environmental. Response Compensation and Liability Act. (“CERCLA”) holds current and former owners and operators of.

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Conditions determined to be de minimis are not recognized environmental conditions.

Link to Active This link will always route to the current Active version of the standard. Clapacs Briana Clark Ross D. Active view current version of standard. Posted in Environment and Natural Resources. Further information concerning this disclosure, and the reasons for such disclosure, may be obtained upon request from the author of this article.

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.

Section 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.

As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for standadd innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability hereinafter, the “landowner liability protections,” or “LLPs”: Additionally, parties may follow the regulatory requirements of the AAI final rule.

Sections are the main body of the Phase I Environmental Site Assessment, including evaluation and report preparation. Section is Significance and Use of this practice. Referenced Documents purchase separately The documents listed below are referenced within the subject standard but are not provided as part of the standard. Section 3 is Referenced Documents. Section describes User’s Responsibilities.

Applicability of the Updated Phase I Standard ASTM E 1527-13

The appendixes are included for information and are not part of the procedures prescribed in this practice. However, under E, environmental professionals will need to assess possible indoor air quality impacts from vapor intrusion pathways if there adtm surface soil or groundwater contamination standad or near the subject property.


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.

This document cannot replace education or experience and should be used in conjunction with professional judgment. Users are cautioned that federal, state, and local laws may impose environmental assessment obligations that are beyond the scope of this practice. Similarly, the definition of a historical recognized environmental condition HREC has been revised to limit applicability to situations where past contamination has been addressed to unrestricted residential standards.

Clay Larkin Charles J. Lavelle Scott Leisz Benjamin J. Controlled substances are not included within the scope of this standard. Richard Kiefer June N. The word “Standard” in the title means only that the document has been approved through the ASTM consensus process. 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.

Michael Gaerte Jeremy P. SectionTerminology, has definitions of terms not unique to this practice, descriptions of terms unique to this practice, and acronyms. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. Section provides additional information regarding non-scope considerations see. Chesnut Margaret Christensen Grantland M.

The need to include an s of any such conditions in the environmental professional’s scope of services should be evaluated based upon, among other factors, the nature of standadr property and aztm reasons for performing the assessment for example, a more comprehensive evaluation of business environmental risk and should be agreed upon between the user and environmental professional as additional services beyond the scope of this practice prior to initiation of the environmental site assessment process.

Tittle Matthew Troyer Job D. Rusty Denton Brenda K. 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. Bryan Weese Brian W.


Applicability of the Updated Phase I Standard ASTM E – HUD Exchange

Section provides discussion regarding activity and use limitations. If this article, including any attachments, contains any federal tax advice, such advice is not intended or written by the practitioner to be used, and it may not be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer.

Brandon McGrath Jeffrey A. Work Item s – proposed revisions of this standard. Larry Kane Margaret E. Furthermore, any federal 1527-0 advice herein including any attachment hereto may not be used or referred to in promoting, marketing or recommending a transaction or arrangement to another party.

Keane Jan Keefer J. Section 1 is the Scope.

A release that has been fully investigated and remediated, and may be subject to a no further action letter, or has been designated as a HREC under prior assessments, may need to be designated as a current REC if more stringent regulatory criteria or thresholds are now in effect.

Resetarits Bailey Roese Rene R. Irving Standarx Isaacs Phil L. Inclusion of petroleum products within the scope of this practice is not based upon the applicability, if any, of CERCLA to petroleum products. As such, sufficient documentation of all sources, records, and resources utilized in conducting the inquiry required by this practice must be provided in the written report refer to 8. Not all aspects of this practice may be applicable in all circumstances.

However, because adverse comments were submitted on the direct final rule, the EPA officially withdrew the rule on Oct.

This standard 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 astk information. This ASTM standard is not intended to represent or replace the standard of care by which the adequacy of a given professional service must be judged, nor should this document be applied without consideration of a project’s many unique aspects.

Matthew Neff Gregory A.