ASTM E2091-22
(Guide)Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
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...
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This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the
Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.
Designation: E2091 − 22
Standard Guide for
Use of Activity and Use Limitations, Including Institutional
1
and Engineering Controls
This standard is issued under the fixed designation E2091; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.
INTRODUCTION
Valuable property, which is, or is perceived to be, environmentally impacted, remains idle
throughout the fifty states because fears of liability and corrective action costs deter potential
developers, purchasers, and lenders. In response, many states have adopted voluntarycorrectiveaction
or brownfields programs that utilize risk-based corrective action principles. One element of these
programs may beactivityanduselimitations to achieve either an “acceptablerisk”ora“nosignificant
risk” level. For example, an owner/operator who volunteers to remediate a site to meet an industrial
or commercial use standard may do so in exchange for a restrictive covenant that limits the use of the
site to industrial or commercial purposes only. Activity and use limitations should be considered an
integral part of the remedial action selection process. The user may determine, based upon
post-remedial action land use, or based upon the deficiencies in available activity and use limitations,
that an activity and use limitation is not feasible for the site. The most effective use of activity and use
limitations as part of a federal, state, tribal or local remediation program requires careful consideration
of many factors, including effectiveness, amenability to integration with property redevelopment
plans, implementability, technical practicability, cost prohibitiveness, long-term reliability, acceptabil-
ity to stakeholders, and cost effectiveness. While this guidance is most likely to be applied where
risk-based corrective actions are conducted, use of activity and use limitations is not restricted to
risk-based applications. Both institutional and engineering controls may be employed as elements of
a remedial action that is based on concentration level, background, or other non-risk-based
approaches.
1. Scope identify, implement and maintain the types of activity and use
limitations that may be appropriate in programs using a
1.1 This guide covers information for incorporating activity
risk-based decision-making approach.
and use limitations that are protective of human health and the
environment into federal, state, tribal or local remediation
1.3 This guide identifies screening and balancing criteria
programs using a risk-based approach to corrective action.
that should be applied in determining whether any particular
Activity and use limitations should be considered early in the
activity and use limitation may be appropriate. This guide
site assessment and remedial action selection process, and
identifies the need to develop long-term monitoring and
should be considered an integral part of remedial action
stewardship plans to ensure the long-term reliability and
selection. In the event that an appropriate activity and use
enforceability of activity and use limitations. This guide
limitation cannot be found, the user may need to revisit the
explains the purpose of activity and use limitations in the
initial remedial action selection decision.
remedial action process and the types of activity and use
limitations that are most commonly available.
1.2 This guide does not mandate any one particular type of
activity and use limitation but merely serves to help users
1.4 This guide describes the process for evaluating poten-
tially applicable activity and use limitations and using and
1
screening and balancing criteria to select one or more activity
This guide is under the jurisdiction of ASTM Committee E50 on Environmental
Assessment, Risk Management and Corrective Action and is the direct responsibil-
and use limitations for a specific site. The guide also describes
ity of Subcommittee E50.02 on Real Estate Assessment and Management.
some “best practices” from a transactional, stakeholder
Current edition approved Sept. 1, 2022. Published November 2022. Originally
involvement, and long-term stewardship perspective. The
approved in 2000. Last previous edition approved in 2019 as E2091 – 19. DOI:
10.1520/E2091-22. guide also emphasizes the importance of considering the need
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
1
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...
This document is not an ASTM standard and is intended only to provide the user of an ASTM standard an indication of what changes have been made to the previous version. Because
it may not be technically possible to adequately depict all changes accurately, ASTM recommends that users consult prior editions as appropriate. In all cases only the current version
of the standard as published by ASTM is to be considered the official document.
Designation: E2091 − 19 E2091 − 22
Standard Guide for
Use of Activity and Use Limitations, Including Institutional
1
and Engineering Controls
This standard is issued under the fixed designation E2091; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.
INTRODUCTION
Valuable property, which is, or is perceived to be, environmentally impacted, remains idle
throughout the fifty states because fears of liability and corrective action costs deter potential
developers, purchasers, and lenders. In response, many states have adopted voluntary corrective action
or brownfields programs that utilize risk-based corrective action principles. One element of these
programs may be activity and use limitations to achieve either an “acceptable“ risk”acceptable risk”
or a “no“no significant risk”risk” level. For example, an owner/operator who volunteers to remediate
a site to meet an industrial or commercial use standard may do so in exchange for a restrictive
covenant that limits the use of the site to industrial or commercial purposes only. Activity and use
limitations should be considered an integral part of the remedial action selection process. The user
may determine, based upon post-remedialpost-remedial action land use, or based upon the deficiencies
in available activity and use limitations, that an activity and use limitation is not feasible for the site.
The most effective use of activity and use limitations as part of a federal, state, tribal or local
remediation program requires careful consideration of many factors, including effectiveness, amena-
bility to integration with property redevelopment plans, implementability, technical practicability, cost
prohibitiveness, long-term reliability, acceptability to stakeholders, and cost effectiveness. While this
guidance is most likely to be applied where risk-based corrective actions are conducted, use of activity
and use limitations is not restricted to risk-based applications. Both institutional and engineering
controls may be employed as elements of a remedial action that is based on concentration level,
background, or other non-risk-based approaches.
1. Scope
1.1 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
This guide is under the jurisdiction of ASTM Committee E50 on Environmental Assessment, Risk Management and Corrective Action and is the direct responsibility
of Subcommittee E50.02 on Real Estate Assessment and Management.
Current edition approved Oct. 1, 2019Sept. 1, 2022. Published October 2019November 2022. Originally approved in 2000. Last previous edition approved in 20172019
as E2091 – 17.E2091 – 19. DOI: 10.1520/E2091-19.10.1520/E2091-22.
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
1
---------------------- Page: 1 ----------------------
E2091 − 22
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 s
...
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