ASTM E1903-19
(Practice)Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process
Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process
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...
General Information
- Status
- Published
- Publication Date
- 14-Nov-2019
- Technical Committee
- E50 - Environmental Assessment, Risk Management and Corrective Action
- Drafting Committee
- E50.02 - Real Estate Assessment and Management
Relations
- Effective Date
- 15-Nov-2019
- Effective Date
- 01-Mar-2024
- Effective Date
- 01-Nov-2023
- Effective Date
- 01-Feb-2018
- Effective Date
- 15-Oct-2017
- Effective Date
- 01-Dec-2016
- Effective Date
- 15-Jan-2014
- Effective Date
- 01-Jul-2011
- Effective Date
- 01-Jul-2011
- Effective Date
- 15-May-2011
- Effective Date
- 01-Jun-2008
- Effective Date
- 15-Mar-2007
- Effective Date
- 01-Nov-2006
- Effective Date
- 01-Feb-2006
- Effective Date
- 01-Feb-2006
Overview
ASTM E1903-19, Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment (ESA) Process, defines a scientifically sound, methodical approach for investigating potential or known contamination on a property. This standard, issued by ASTM International, provides procedures to objectively assess the presence or likely presence of hazardous substances, including pollutants, contaminants, petroleum, and controlled substances. Adhering to the scientific method, this practice establishes requirements for clear documentation, transparent communication, and robust interpretation of assessment results, supporting informed risk management and due diligence for a variety of stakeholders.
Key Topics
- Purpose and Scope: ASTM E1903-19 outlines a process for Phase II ESA, designed to determine whether hazardous substances are present or likely present on a property. It applies to substances within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as well as other hazardous materials and pollutants.
- Objective and Defensible Methodology: The standard mandates an objective, representative, reproducible, and defensible assessment, ensuring scientific validity in environmental investigations.
- User and Assessor Consultation: The process requires early and ongoing communication between the property owner or user and the Phase II Assessor to define the investigation’s scope, considering regulatory, business, and property-specific factors.
- Flexible Application: While commonly used following a Phase I Environmental Site Assessment (as per ASTM E1527), Phase II assessments may be undertaken whenever additional data is required for legal, regulatory, or commercial decision-making.
- Limitations: The standard clarifies that it does not establish legal standards of care, nor does it define risk thresholds-these should be determined according to site-specific factors and regulatory requirements.
Applications
Phase II ESAs are valuable in multiple business, regulatory, and legal contexts, including:
- Transaction Due Diligence: Buyers, sellers, lenders, and property managers use Phase II ESAs to identify and document environmental liabilities, inform purchase or lending decisions, and facilitate property transfers.
- Liability and Compliance: Properties potentially contaminated by hazardous substances use this process to determine compliance with CERCLA and qualify for landowner liability protections, such as those for innocent landowners, bona fide prospective purchasers, and contiguous property owners.
- Brownfield Redevelopment: Supports qualification for brownfield remediation grants and redevelopment initiatives by establishing baseline environmental conditions and identifying necessary mitigation measures.
- Risk Management: Identifies contamination that may cause human health or environmental risks, supporting appropriate care measures and the allocation or disclosure of business environmental risks.
- Ongoing Operations: Assists in maintaining continuing obligations for site owners by providing data necessary for managing ongoing or historic issues, exposures, and remediation responsibilities.
Related Standards
ASTM E1903-19 references a number of key standards and regulatory guidelines integral to the environmental site assessment process, including:
- ASTM E1527: Standard Practice for Phase I Environmental Site Assessments
- ASTM E1528: Limited Environmental Due Diligence - Transaction Screen Process
- ASTM E2247: Phase I Assessments for Forestland and Rural Properties
- ASTM E2137 & E2173: Guides for Estimating Monetary Costs and Disclosure of Environmental Liabilities
- ASTM E2790: Guide for Identifying and Complying With Continuing Obligations
- EPA AAI Rule (40 CFR Part 312): Standards and Practices for All Appropriate Inquiries
- EPA SW-846: Test Methods for Evaluating Solid Waste
By following ASTM E1903-19, organizations gain a structured, transparent methodology for environmental site characterization and risk assessment, helping reduce uncertainty in real estate and business transactions while supporting regulatory compliance and environmental stewardship. For environmental professionals, legal advisors, and real estate stakeholders, this standard remains a foundational tool in managing property-related environmental risks.
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Frequently Asked Questions
ASTM E1903-19 is a standard published by ASTM International. Its full title is "Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process". This standard covers: 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...
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...
ASTM E1903-19 is classified under the following ICS (International Classification for Standards) categories: 13.020.30 - Environmental impact assessment. The ICS classification helps identify the subject area and facilitates finding related standards.
ASTM E1903-19 has the following relationships with other standards: It is inter standard links to ASTM E1903-11, ASTM E3123-24, ASTM E2247-23, ASTM E3123-18, ASTM E3123-17, ASTM E2247-16, ASTM E1528-14, ASTM E2137-06(2011), ASTM E2173-07(2011), ASTM E2790-11, ASTM E2247-08, ASTM E2173-07, ASTM E2137-06, ASTM E1528-06, ASTM E1528-96. Understanding these relationships helps ensure you are using the most current and applicable version of the standard.
ASTM E1903-19 is available in PDF format for immediate download after purchase. The document can be added to your cart and obtained through the secure checkout process. Digital delivery ensures instant access to the complete standard document.
Standards Content (Sample)
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: E1903 − 19
Standard Practice for
Environmental Site Assessments: Phase II Environmental
Site Assessment Process
This standard is issued under the fixed designation E1903; 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.
1. Scope the property to be investigated, the information already
available, the degree of confidence needed or desired in the
1.1 Thispractice coversaprocessforconductingaPhaseII
results, the degree of investigatory sampling and chemical
environmental site assessment (ESA) of a parcel of property
testing needed to achieve such confidence, and any applicable
with respect to the presence or the likely presence of sub-
time and resource constraints.This practice requires that Phase
stances including but not limited to those within the scope of
II activities be conducted so that the resulting scope of work is
the Comprehensive Environmental Response, Compensation
performed, and the stated objectives are achieved, in a scien-
and Liability Act (CERCLA) (e.g., hazardous substances),
pollutants, contaminants, petroleum and petroleum products,
tifically sound manner.
and controlled substances and constituents thereof. It specifies
1.1.2 A Phase II ESA in accordance with this practice may
procedures based on the scientific method to characterize
beconductedaftersiteassessmentactivitiesinaccordancewith
property conditions in an objective, representative,
Practice E1527 for Phase I Environmental Site Assessments:
reproducible, and defensible manner. To promote clarity in
Phase I Environmental Site Assessment Process, Practice
defining Phase II ESA objectives and transparency in commu-
E2247 for Environmental Site Assessments: Phase I Environ-
nicating and interpreting Phase II ESA results, this practice
mental Site Assessment for Forestland or Rural Property,
specifies adherence to requirements for documenting the scope
EPA’s All Appropriate Inquiries (AAI) Rule, 40 C.F.R. Part
of assessment and constraints on the conduct of the assessment
312, or Practice E1528 for Limited Environmental Due Dili-
process.
gence: Transaction Screen Process. In defining the scope and
1.1.1 A user’s interest in the presence or likely presence of
purposes of a Phase II ESA, however, previous decisions to
substances in environmental media at a property may arise in
classify property conditions or areas as RECs, or to refrain
a wide variety of legal, regulatory, and commercial contexts,
from doing so, are not determinative as to whether investiga-
and may involve diverse objectives including those listed in
tion of the same conditions or areas is appropriate to meet the
1.2. This practice contemplates that the user and the Phase II
objectives of the Phase II ESA.
Assessor will consult to define the scope and objectives of
investigation in light of relevant factors, including without
1.2 Objectives—This practice is intended for use where a
limitation the substances released or possibly released at the
user desires to obtain sound, scientifically valid data concern-
property,thenatureoftheconcernspresentedbytheirpresence
ing actual property conditions, whether or not such data relate
or likely presence, the behavior, fate and transport character-
to property conditions previously identified as RECs or data
isticsof substancesreleasedorpossiblyreleased,theportionof
gaps in Phase I ESAs. Without attempting to define all such
situations, this practice contemplates that users may seek such
This practice is under the jurisdiction of ASTM Committee E50 on Environ- data to inform their evaluations, conclusions, and choices of
mental Assessment, Risk Management and Corrective Action and is the direct
action in connection with objectives that may include, without
responsibility of Subcommittee E50.02 on Real Estate Assessment and Manage-
limitation, one or more of the following:
ment.
Current edition approved Nov. 15, 2019. Published January 2020. Originally
1.2.1 Objective 1—Assess whether there has been a release
approved in 1997. Last previous edition approved in 2011 as E1903 – 11. DOI:
of hazardous substances within the meaning of CERCLA, for
10.1520/E1903-19.
2 purposes including landowner liability protections (i.e., inno-
As used herein, a “standard” is a document that has been developed and
established within the consensus principles of the Society and that meets the
cent landowner, bona fide prospective purchaser, and contigu-
approval requirements of ASTM procedures and regulations. A “practice” is a
ous property owner).
definitivesetofinstructionsforperformingoneormorespecificoperationsthatdoes
not produce a test result.A“guide,” in contrast, is a compendium of information or 1.2.2 Objective 2—Provide information relevant to
a series of options that does not recommend a specific course of action. A guide
identifying, defining or implementing landowner “continuing
increases the awareness of information and approaches in a given subject area. See
obligations,” or the criteria established under CERCLA (e.g.,
Form and Style for ASTM Standards, http://www.astm.org/COMMIT/Blue_
Book.pdf. exercising appropriate care by taking reasonable steps to
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
E1903 − 19
prevent or limit exposures to previously released hazardous More extensive testing and more iterations of sampling and
substances) for maintaining the CERCLA landowner liability analysis may be needed if the objectives require detailed
protections. conclusions with high confidence. Less testing and fewer
1.2.3 Objective 3—Develop threshold knowledge of the iterations of sampling and analysis may be needed if the
presence of substances on properties within the scope of the objectives of the assessment require only general conclusions.
CERCLA definition of a “brownfield site” and as required for
1.5 Limitations—This practice is not intended to supersede
qualifying for brownfields remediation grants from the EPA
applicable requirements imposed by regulatory authorities.
Brownfields Program.
This practice does not attempt to define a legal standard of care
1.2.4 Objective 4—Provide information relevant to
either for the performance of professional services with respect
identifying, defining and evaluating property conditions asso-
to matters within its scope, or for the performance of any
ciated with target analytes that may pose risk to human health
individual Phase II ESA.
or the environment, or risk of bodily injury to persons on the
1.6 Organization of This Practice—This practice has nine
property and thereby give rise to potential liability in tort.
sectionsandfourappendices.Section1coverstheScopeofthe
1.2.5 Objective 5—Provide information relevant to evaluat-
practice. Section 2, Referenced Documents, lists ASTM and
ing and allocating business environmental risk in transactional
otherorganizations’relatedstandardsandguidancethatmaybe
and contractual contexts, including transferring, financing and
useful in conducting Phase II ESAs in accordance with this
insuring properties, and due diligence relating thereto.
practice. Section 3, Terminology, contains definitions of terms
1.2.6 Objective 6—Provide information to support disclo-
and acronyms used in this practice. Section 4 addresses the
sure of liabilities and contingent liabilities in financial state-
Significance and Use of this practice, including the legal
ments and securities reporting.
context into which Phase II ESAs may fall. Section 5 discusses
1.2.7 Additional information concerning these six objec-
development and documentation of the scope of the Phase II
tives may be found in the Legal Appendix, Appendix X1.
ESA, including the Statement of Objectives for the assessment.
1.3 Scope of Assessment in Relation to Objectives—The
Section 6 provides a Phase II ESA Overview, with purpose and
scope of a Phase II ESA is related to the objectives of the
goal descriptions. Section 7 comprises the main body of
investigation. Both scope and objectives may require ongoing
Performing the Phase II ESA, and includes initiating scientific
evaluation and refinement as the assessment progresses.
inquiry by formulating the question to be answered (7.1),
1.3.1 Indevelopingthescopeofworkandinevaluatingdata
collecting and evaluating information (7.2), identifying areas
and information concerning the property, the Phase II Assessor
for investigation (7.3), developing the conceptual model (7.4),
must determine whether the available information is sufficient
developing a plan and rationale for sampling (7.5), conducting
to meet the objectives of the investigation. Even after conduct-
the sampling (7.6), and validating the conceptual model (7.7).
ing Phase II activities to generate additional data, the Phase II
Interpretation of results is covered in Section 8. Phase II
Assessor must independently evaluate the sufficiency of the
Environmental Site Assessment report preparation is addressed
data in relation to the objectives. As the investigation
in Section 9. Appendix X1 supports Section 4, and contains
progresses, the objectives may be refined or redefined in
legal considerations pertaining to Phase II Environmental Site
consultation between the user and the Phase II Assessor.
Assessment. Appendix X2 contains contracting considerations
1.3.2 A single round of sampling and chemical testing may
between Phase II assessor and user. Appendix X3 supports
not always provide data sufficient to meet the chosen objec-
Section 9, and describes two examples and a sample table of
tives. If not, this practice contemplates additional sampling in
contents illustrating possible approaches to reporting the re-
an iterative sequence that concludes when the available data
sults of a Phase II Environmental Site Assessment. Appendix
are sufficient. This practice also acknowledges, however, that
X4 supplements Section 2 with a list of standards and
the user may instead elect either to redefine the objectives so
references that may be relevant in conducting a Phase II
that they can be met with the data available, or to terminate the
Environmental Site Assessment.
investigative process without meeting the stated objectives.
1.7 This international standard was developed in accor-
The Phase II Assessment report must disclose any respect in
dance with internationally recognized principles on standard-
which available data are insufficient to meet objectives.
ization established in the Decision on Principles for the
1.3.3 This practice does not require full site characteriza-
Development of International Standards, Guides and Recom-
tion in every instance, but may be used to carry out an
mendations issued by the World Trade Organization Technical
investigation sufficient for that purpose if desired to meet the
Barriers to Trade (TBT) Committee.
user’s objectives.
1.4 Needs of the User—The user and Phase II Assessor
2. Referenced Documents
must have a mutual understanding of the context in which the
2.1 The standards listed below are referenced in this prac-
Phase II ESA is to be performed and the objectives to be met
tice.
by the investigation, i.e. the specific questions to be answered
or problems to be resolved by the Phase II ESA. The scope of
Phase II activities must be defined in relation to those objec-
tives.
1.4.1 The degree of confidence desired by the user influ-
ences the scope of the investigation and the evaluation of data.
E1903 − 19
2.2 ASTM Standards: prospective purchaser LLP in accordance with 42 U.S.C.
E1527 Practice for Environmental SiteAssessments: Phase I §9607(r). See Legal Appendix, Appendix X1.
Environmental Site Assessment Process
3.1.5 business environmental risk—a risk which can have a
E1528 Practice for Limited Environmental Due Diligence:
material environmental or environmentally-driven impact on
Transaction Screen Process
the business associated with the current or planned use of a
E2137 Guide for Estimating Monetary Costs and Liabilities
parcel of commercial real estate, not necessarily limited to
for Environmental Matters
thoseenvironmentalissuesinvestigatedinaccordancewiththis
E2173 Guide for Disclosure of Environmental Liabilities
practice.
E2247 Practice for Environmental SiteAssessments: Phase I
3.1.5.1 Discussion—To the extent the user wishes to evalu-
Environmental Site Assessment Process for Forestland or
ate such risks for purposes of quantification and disclosure of
Rural Property
business environmental risk, further guidance can be found in
E2790 Guide for Identifying and Complying With Continu-
Guides E2137, E2173, and E3123.
ing Obligations
3.1.6 CERCLA—the Comprehensive Environmental
E3123 Guide for Recognition and Derecognition of Envi-
Response, Compensation and Liability Act, 42 U.S.C.§ 9601,
ronmental Liabilities
et seq., as amended.
2.3 Environmental Protection Agency Documents:
3.1.7 CFR—Code of Federal Regulations.
Standards and Practices for All Appropriate Inquiries, Final
Rule, Federal Register, Tuesday, November 1, 2005, Part
3.1.8 chain of custody—a written or printed form that
III Environmental ProtectionAgency (codified at 40 CFR
documents information regarding sample possession,
Part 312), as amended
condition, and responsibility, including the time from sample
Test Methods for Evaluating Solid Waste: Physical/
containeracquisitionthroughtransportation,samplecollection,
Chemical Methods Compendium (SW-846)
and laboratory analysis.
3.1.9 chemical testing—measurement of the presence and
3. Terminology
concentration of target analytes by analytical chemistry meth-
3.1 Definitions:
ods in a laboratory; also, for purposes of this practice,
3.1.1 all appropriate inquiries (AAI)—those inquiries con-
measurement of certain target analytes by physical methods
stituting “all appropriate inquiries… into the previous owner-
(e.g., for asbestos or radioactive isotopes).
ship and uses of the facility in accordance with generally
3.1.10 conceptual model—a representation of hypothesized
accepted good commercial or customary standards and prac-
current site conditions, which describes the physical setting
tices”asdefinedin CERCLA,42 U.S.C.§9601(35)(B),andthe
characteristics of a site and the likely distribution of target
AAI Rule, 40 CFR Part 312, that must be conducted to qualify
analytes that might have resulted from a known or likely
for certain landowner liability protections (LLPs) under
release, and which is based on all reasonably ascertainable
CERCLA, and to qualify for brownfields remediation grants
information relevant to the objectives of the investigation and
awarded under CERCLA section 104(k)(3)(A)(ii).
the professional judgment of the Phase II Assessor.
3.1.2 background concentration—the concentration of a
3.1.11 contiguous property owner (CPO) —under (CER-
target analyte in groundwater, surface water, air, soil gas,
CLA) a person who meets the criteria stated at 42 U.S.C.
sediment, or soil at a reference location near an area under
§ 9607(q) and thereby becomes eligible for the contiguous
investigation, which is not attributable to the area under
property owner LLP. See Legal Appendix, Appendix X1.
investigation.
3.1.12 continuing obligations—includes requirements con-
3.1.2.1 Discussion—Background samples may contain the
tained in the definition of a bona fide prospective purchaser at
target analyte, due to either naturally occurring or man-made
CERCLA §101(40)(D) and (F), the requirements for maintain-
sources, but not due to the release(s) in question.
ing the innocent landowner LLP at 101(35)(a), which include
3.1.3 behavior, fate, and transport characteristics—natural
the “due care” provisions of §107(b)(3)(a), as well as those
attributes of a target analyte that can be predicted based on the
requirements established for maintaining the contiguous prop-
distinguishing physico-chemical characteristics of the target
erty owner liability protection at §107(q)(1)(A) (iii) and (iv).
analyte and the properties of the media in which the target
These requirements are collectively referenced as the “ con-
analyte occurs.
tinuing obligations” and are necessary for a person to maintain
3.1.4 bona fide prospective purchaser (BFPP)—under
qualification for LLPs after a property is acquired, including
CERLA, a person who meets the criteria stated at 42 U.S.C. §
among others, the requirement to exercise appropriate care by
9601(40) and thereby becomes eligible for the bona fide
taking reasonable steps to stop or prevent releases or to limit
human, environmental, or natural resources exposure to any
previously released hazardous substance (section
For referenced ASTM standards, visit the ASTM website, www.astm.org, or
101(35)(B)(i)(II), 101(40)(D), 107(a)(1)(A)(iii)). See Guide
contact ASTM Customer Service at service@astm.org. For Annual Book of ASTM
E2790.
Standards volume information, refer to the standard’s Document Summary page on
the ASTM website.
3.1.13 data gap— as defined in Practice E1527 and Practice
Available from United States Environmental Protection Agency (EPA), Ariel
E2247 and determined in accordance with the process pre-
Rios Bldg., 1200 Pennsylvania Ave., NW, Washington, DC 20004, http://
www.epa.gov. scribed by those standard practices, a lack of or inability to
E1903 − 19
obtain information required by such practices despite good purchaser, contiguous property owner and innocent landowner
faith efforts to gather such information. and corresponding LLPs; see also Legal Appendix, Appendix
X1.
3.1.14 de minimis condition—a condition that generally
does not present a threat to human health or the environment
3.1.27 likely release area—a place where a Phase II Asses-
and that generally would not be the subject of an enforcement
sor judges it likely that target analytes were first introduced
action if brought to the attention of appropriate governmental
into environmental media as a result of a release such that the
agencies.
target analytes may now be present in environmental media at
3.1.15 diffuse anthropogenic contamination—the presence
the property. Likely release areas can include, but need not be
of target analytes that results from broad-scale activities that limited to, recognized environmental conditions identified in a
cannot be discriminated as readily as single, site-specific
Phase I ESA conducted in accordance with Practice E1527 or
discharges or releases. The most obvious of these activities is
Practice E2247.
agriculture, but urban land runoff, forestry, the urine of
3.1.28 migration pathway—a route through environmental
mammals, wastewater treatment plant effluent discharges, and
media taken by a target analyte; the physical feature allowing
atmospheric deposition can also be important general sources.
movement of target analytes.
3.1.16 environmental media—soil, rock, groundwater, sur-
3.1.29 obvious—that which is plain or evident; a condition
face water, air, soil gas, sediment.
or fact that could not be ignored or overlooked by a reasonable
3.1.17 EPA—the United States Environmental Protection
observerwhilevisuallyorphysicallyobservingtheproperty,or
Agency.
that could be deduced by a Phase II Assessor.
3.1.18 ESA—environmental site assessment.
3.1.30 petroleum products—those substances included
3.1.19 exposure point—a place at which a receptor comes
within the petroleum exclusion to CERCLA,42 U.S.C. §
into contact with a target analyte.
9601(14), as interpreted by the courts and EPA; that is,
3.1.20 field screening—the measurement of physical prop-
petroleum, including crude oil or any fraction thereof which is
erties or presence and approximate concentration of target
not otherwise specifically listed or designated as a hazardous
analytes in environmental media by methods or techniques
substance under Subparagraphs (A) through (F) of 42 U.S.C. §
employed in the field during explorations and sampling.
9601(14), natural gas, natural gas liquids, liquefied natural gas,
Measurements can be qualitative (positive/negative) or quan-
andsyntheticgasusableforfuel(ormixturesofnaturalgasand
titative.Accuracy and precision of these methods generally are
such synthetic gas). (The word fraction refers to certain
not equivalent to those achieved in a laboratory environment.
distillates of crude oil, including gasoline, kerosene, diesel oil,
3.1.20.1 Discussion—Appropriate QA/QC measures must
jet fuels, and fuel oil as defined in “Standard Definitions of
befollowedforfieldscreeningequipment(e.g.calibration),for
Petroleum Statistics,” American Petroleum Institute).
execution of field screening activities, and for interpretation of
3.1.31 Phase I environmental site assessment (Phase I
data obtained by field screening
ESA)—an assessment performed in accordance with the pro-
3.1.20.2 Discussion—Calibrated field analytical equipment,
cess described in Practice E1527, Practice E2247,orthe EPA
such as field gas chromatographs, may provide levels of
detection and accuracy comparable to those of a fixed labora- all appropriate inquiries (AAI ) rule, 40 CFR Part 312.
tory.
3.1.32 PhaseIIAssessor—apersonmeetingthedefinitionof
3.1.21 groundwater—waterbelowthelandsurfaceinazone
an “Environmental Professional” as provided in Section 3.2.32
of saturation.
of Practice E1527, and possessing sufficient education, profes-
sional training, and relevant experience to conduct or be in
3.1.22 groundwater flow—the movement of water in the
responsible charge of environmental investigations and other
zone of saturation.
activities in accordance with this practice, and to interpret the
3.1.23 groundwater flow direction—the compass bearing of
resulting data to develop opinions and conclusions regarding
thehorizontalcomponent,andtheverticalcomponent,ofwater
the presence of target analytes in environmental media in
movement in the zone of saturation.
connectionwiththepropertyinquestion.Anindividual’sstatus
3.1.24 hazardous substance—any substance defined as a
asa Phase IIAssessormaybelimitedtothetypeofassessment
hazardous substance pursuant to CERCLA,42 U.S.C. §
to be performed. Overall, a Phase II Assessor should under-
9601(14). See Legal Appendix, Appendix X1.
stand and be experienced in pertinent aspects of the scientific
3.1.25 innocent landowner (ILO)—under CERCLA, a per-
method, hydrogeology, geochemistry, environmental
son who is within one of the three categories defined by 42
investigation/exploration techniques, interpretation of chemi-
U.S.C. § 9601(35) and thereby becomes eligible for the
cal testing data, and commercial and industrial operations
innocent landowner LLP in accordance with 42 U.S.C §
pertaining to the use and handling of site-specific target
9607(b)(3). See Legal Appendix, Appendix X1.
analytes and production and handling of associated wastes.
The Phase II Assessor may be an independent contractor or an
3.1.26 Landowner Liability Protections (LLPs)—provisions
that establish limitations of or defenses to potential CERCLA- employee of the user. Some jurisdictions may have licensing
requirements for individuals who perform certain environmen-
liability in favor of landowners who satisfy statutory condi-
tions. See definitions in this section of bona fide prospective tal investigation activities included in a Phase II ESA.
E1903 − 19
3.1.33 Phase II environmental site assessment (Phase II to (CERCLA) Sections 101(35)(B)(i)II), 101(40)(D) and
ESA)—an assessment performed in accordance with the pro- 107(q)(1)(A)(iii) to maintain qualification for LLPs after a
cess described in this practice.
property is acquired. See Legal Appendix, Appendix X1.
3.1.34 practically reviewable—information that is practi-
3.1.40 reasonably ascertainable—information that is (1)
cally reviewable means that the information is provided by the
publicly available, (2) obtainable from its source within
sourceinamannerandinaformthat,uponexamination,yields
reasonable time and cost constraints, and (3) practically
information relevant to the property without the need for
reviewable.
extraordinary analysis of irrelevant data. The form of the
3.1.41 receptor—a living organism or habitat of a commu-
information shall be such that the user can review the records
nity of organisms that could be exposed to target analytes
for a limited geographic area. Records that cannot be feasibly
including, for example, occupants of a building if the objec-
retrieved by reference to the location of the property or a
tives of the assessment implicate indoor air quality; also, an
geographic area in which the property is located are not
inanimate feature that, if contacted by target analytes, would
generally practically reviewable. Most databases of public
be a proximal means of exposing living organisms to the target
records are practically reviewable if they can be obtained from
analytes, e.g., a drinking water well that could convey ground-
the source agency by the county, city, zip code, or other
water containing target analytes to people.
geographic area of the facilities listed in the record system.
Records that are sorted, filed, organized, or maintained by the
3.1.42 recognized environmental condition (REC)—as de-
source agency only chronologically are not generally practi-
fined in Practice E1527 and Practice E2247 and determined in
cally reviewable. Listings in publicly available records which
accordance with the process prescribed by those standard
do not have adequate address information to be located
practices, the presence or likely presence of any hazardous
geographicallyarenotgenerallyconsidered practically review-
substancesorpetroleumproductsinonorataproperty:(1)due
able. For large databases with numerous records (such as
toreleaseoftheenvironment(2)underconditionsindicativeof
RCRAhazardous waste generators and registered underground
a release to the environment; or (3) under conditions that pose
storagetanks),therecordsarenotpracticallyreviewableunless
De minimis conditions are not recognized environmental con-
they can be obtained from the source agency in the smaller
ditions.
geographic area of zip codes. Even when information is
3.1.43 release—as defined by § 101(22) of CERCLA,42
provided by zip code for some large databases, it is common
U.S.C. § 9601(22), “any spilling, leaking, pumping, pouring,
for an unmanageable number of sites to be identified within a
emitting, emptying, discharging, injecting, escaping, leaching,
given zip code. In these cases, it is not necessary to review the
dumping, or disposing into the environment (including the
impact of all of the sites that are likely to be listed in any given
abandonment or discarding of barrels, containers, and other
zip code because that information would not be practically
closed receptacles containing any hazardous substance or
reviewable. In other words, when so much data is generated
pollutant or contaminant), but exclud[ing] (A) any release
that it cannot be feasibly reviewed for its impact on the
whichresultsinexposuretopersonssolelywithinaworkplace,
property,itisnot practically reviewable.
with respect to a claim which such persons may assert against
3.1.35 present or presence—with regard to target analytes
the employer of such persons, (B) emissions from the engine
in environmental media, present or presence refers to the
exhaust of a motor vehicle, rolling stock, aircraft, vessel, or
existence of the target analyte at the property and to places
pipeline pumping station engine, (C) release of source, by-
where the target analyte is located. Presence does not imply
product, or special nuclear material from a nuclear incident, as
that the total extent of the target analyte is known.
those terms are defined in the Atomic Energy Act of 1954 [42
3.1.36 property—the real property that is the subject of the
U.S.C.§2011etseq.],ifsuchreleaseissubjecttorequirements
Phase II environmental site assessment described in this
with respect to financial protection established by the Nuclear
practice. Real property includes buildings and other fixtures
Regulatory Commission under section 170 of such Act [42
and improvements located on the property and affixed to the
U.S.C. § 2210], or, for the purposes of section 104 of CERCLA
land.
oranyotherresponseaction,anyreleaseofsource,by-product,
3.1.37 publicly available—information that is publicly
or special nuclear material from any processing site designated
available means that the source of the information allows
under section 102(a)(1) or 302(a) of the Uranium Mill Tailings
access to the information by anyone upon request.
Radiation Control Act of 1978; [42 U.S.C. § 7912(a)(1) or
7942(a)], and (D) the normal application of fertilizer.”
3.1.38 quality assurance/quality control (QA/QC)—quality
control is the use of standards and procedures designed to
3.1.44 remediation/remedial action—activitiesconductedor
promoteandensurethecollectionofsamplesandgenerationof
measures taken to protect human health, safety and the
analyticalresultsthatareofgoodandacceptablequalityforthe
environment.These include evaluating risk, monitoring quality
purposesintended;qualityassuranceistheuseofstandardsand
of environmental media over time, imposing institutional
procedures to evaluate work products to determine if they
controls, constructing engineering controls, removing environ-
achieved good and acceptable quality.
mental mediacontaining target analytesfromtheenvironment,
3.1.39 reasonable steps—those actions to prevent or limit removing target analytes from environmental media, and
generally designing and operating cleanup systems to isolate,
human, environmental or natural resources exposure to previ-
ously released hazardous substances that are required pursuant remove, reduce, or destroy target analytes.
E1903 − 19
3.1.45 site—the contiguous land area under consideration in 3.1.54 water table—the surface of a groundwater body at
the Phase II ESA that includes all or part of the property and which surface the water pressure equals atmospheric pressure.
that is impacted or potentially impacted by releases; if neces- Earth material below the water table is saturated with water.
sary in order to achieve the objectives of the Phase II ESA, the
area under consideration may extend off the property if 4. Significance and Use
migrating target analytes originate from the property,ormay
4.1 Uses:
include off-property sources of target analytes migrating to the
4.1.1 This practice is intended for use on a voluntary basis
property.
by parties who wish to evaluate known releases or likely
3.1.46 site characterization—evaluation of the presence of releaseareasidentifiedbytheuserorPhaseIIAssessor,and/or
target analytes in environmental media throughout a site to assess the presence or likely presence of substances, for
impacted or potentially impacted by a release or releases. The legal or business reasons such as those described in 1.2.
evaluation typically includes the determination of geological, 4.1.2 This practice is intended to meet the business com-
hydrogeological, hydrological, and engineered aspects of the munity’s need for a written, practical reference describing a
site that influence the presence of target analytes (e.g., migra- scientifically sound approach to investigating a property to
tion pathways, exposure points) and the existence of receptors evaluate the presence or likely presence of a substance.Itis
and mechanisms of exposure. impossible to generalize about the contexts in which a user
may wish to conduct such investigations or the degree of
3.1.47 substance—any element, compound or chemical, or
confidence a user may require in the results. In any context,
mixtures or preparations thereof, whether man-made or natu-
this practice, being rooted in sound scientific methodology, can
rally occurring, which can be present in or released to
assist users in achieving an objective and defensible assess-
environmental media, including but not limited to those within
ment.
the scope of the Comprehensive Environmental Response,
4.1.2.1 This practice does not address the evaluation of
Compensation and Liability Act (CERCLA) (e.g., hazardous
business environmental risks in light of data collected through
substances), pollutants, contaminants, petroleum and petro-
the Phase II ESA process. Such evaluation is a function of site-
leum products, and controlled substances and constituents
and transaction-specific variables, and of the user’s objectives
thereof.
and risk tolerance.This practice contemplates that the Phase II
3.1.48 surface water—water exposed to the atmosphere ESAprocesswillbeplannedandconductedwithsuchvariables
above the surface of the ground, including but not limited to
in mind, and that the user will evaluate legal, business and
lakes, ponds, reservoirs, artificial impoundments, streams, environmental risks in light of known data relating to the
rivers, springs, seeps and wetlands.
particular site and transaction, and in consultation with legal
and business advisors as well as the Phase II Assessor.
3.1.49 target analytes—substances that are present in, or
4.1.2.2 Likewise, this practice does not define the threshold
have been released or potentially have been released to,
levels at which target analytes pose a concern of significance
environmental mediaatthesite,andwhichareofinterestinthe
to the user. Users may apply this practice not only in light of
context of the particular Phase II ESA and its objectives, the
applicable regulatory criteria and relevant liability principles,
presence of which will be sought and concentrations of which
but also to meet self-defined objectives.
will be quantified through field screening or chemical testing.
4.1.2.3 If a Phase II ESA conducted in accordance with this
3.1.50 the scientific method—principles and procedures for
practice provides sufficient information from which the Phase
systematic discovery, which involve recognizing and stating a
II Assessor can conclude, consistent with the scientific method,
problem for which a solution is sought, formulating an hypoth-
that the question to be addressed by the assessment (see 6.4.1)
esis that might resolve the problem (which hypothesis is
has been answered, then further assessment is not warranted to
consistent with the body of knowledge available), collecting
meet the objectives of the assessment.
objective and reproducible data by performing an investigation
4.1.3 Use Not Limited to CERCLA—This practice is de-
to test the hypothesis, and interpreting the data to validate or
signed to assist a user in developing information about the
refute the hypothesis; and, if the hypothesis cannot be
environmental condition of the property and has utility for a
validated, revising the hypothesis consistent with the updated
wide range of target analytes (e.g., including diffuse anthro-
body of knowledge and conducting an iteration of the proce-
pogeniccontaminationandnaturallyoccurringsubstances)and
dure.
users including those who may have no actual or potential
CERCLA concerns.
3.1.51 U.S.C.—United States Code.
4.1.4 Site- and Transaction-Specific—The scope of a Phase
3.1.52 user—the party seeking to use this practice to con-
II ESA is site-specific and context-specific. The assessment
duct a Phase II ESA.Auser may include, without limitation, a
process defined by this practice is intended to generate sound,
potential purchaser of property, a potential tenant of property,
objective, and defensible information sufficient to satisfy
an owner of property, a lender, an insurer, or a property
diverse user objectives.
manager.
4.1.5 Use by Other Parties—This practice does not define
3.1.53 vapor intrusion—migration of one or more volatile whether or to what extent any person other than the user may
chemical(s) from subsurface soil or water into an overlying or use or rely upon a Phase II ESA prepared for the user. The
nearby building or other enclosed space. appropriateness of third party use or reliance is a contractual
E1903 − 19
matter that should be addressed between user and Phase II 4.2.3 Comparison With Subsequent Inquiry—The justifica-
Assessor, see Appendix X2, section X2.4. tion and adequacy of the findings of a Phase II ESA in light of
the findings of a subsequent inquiry should be evaluated based
4.2 Principles—Thefollowingprinciplesareanintegralpart
onthereasonablenessofjudgmentsmadeatthetimeandunder
of this practice and are intended to be referred to in resolving
the circumstances in which they were made.
any ambiguity or exercising such discretion as is accorded the
4.2.4 Data Usability—Investigationdatagenerallyonlyrep-
user or Phase II Assessor.
resent the site conditions at the time the data were generated
4.2.1 Elimination of Uncertainty—No Phase II ESA can
and site conditions can be dynamic. Therefore, the usability of
eliminate all uncertainty. Furthermore, any sample, either
data collected as part of a Phase II ESA may have a finite
surface or subsurface, taken for chemical testing may or may
lifetime depending on the application and use being made of
not be representative of a larger population. Professional
the data. To the extent that investigation data would fall within
judgment and interpretation are inherent in the process, and
the scope of data used in a Phase I ESA conducted pursuant to
even when exercised in accordance with objective scientific
Practice E1527 or Practice E2247, the lifetime limits defined
principles, uncertainty is inevitable. Additional assessment
by those standards apply. In all other respects, a Phase II
beyond that which was reasonably undertaken may reduce the
Assessor should evaluate whether previously generated data
uncertainty.
are appropriate for any subsequent use beyond the original
4.2.1.1 Failure to Detect—Even when Phase II ESA work is
purposeforwhichtheywerecollected,orareotherwisesubject
executed competently and in accordance with this practice, it
to lifetime limits imposed by other laws, regulations or
must be recognized that certain conditions present especially
regulatory policies.
difficult target analyte detection problems. Such conditions
4.2.5 Phase IIAssessor Does Not Provide Legal or Business
may include, but are not limited to, complex geological
Advice—The Phase II ESA is intended to develop and present
settings, unusual or generally poorly understood behavior and
sound, scientifically valid data concerning actual site condi-
fate characteristics of certain substances, complex,
tions.Itshallnotbetheroleofthe Phase IIAssessortoprovide
discontinuous, random, dynamic, or spotty distributions of
legal or business advice.
existing target analytes, physical impediments to investigation
imposed by the location of utilities and other man-made
5. Developing and Documenting the Scope of the Phase
objects, and the inherent limitations of assessment technolo-
II Environmental Site Assessment
gies.
5.1 To promote clarity in defining Phase II ESA objectives
4.2.1.2 Limitations of Information—The effectiveness of a
and transparency in communicating and interpreting Phase II
Phase II ESA may be compromised by limitations or defects in
ESA results, this practice specifies adherence to the following
the information used to define the objectives and scope of the
requirements for documenting the scope of assessment and
investigation, including inability to obtain information con-
constraints on the conduct of the assessment process.
cerning historical site uses or prior site assessment activities
5.1.1 Statement of Objectives—The objective(s) of the
despite the efforts of the user and Phase II Assessor to obtain
Phase II ESA, including the question(s) to be answered by the
such information in accordance with 5.1.3.
assessment in accordance with 6.4.1, must be developed on the
4.2.1.3 Chemical Analysis Error—Chemical testing meth-
basis of consultation between the user and the Phase II
ods have inherent uncertainties and limitations. The Phase II
Assessor, and must be stated in a written “Statement of
Assessor shall build quality control and quality assurance
Objectives”. The Statement of Objectives must form part of a
measures into the assessment, as outlined in Section 7. The
written scope of work, proposal, contract, work order, or
Phase II Assessor should require the laboratory to report any
similar instrument.
potential or actual problems experienced, or nonroutine events
5.1.2 The Statement of Objectives must identify and de-
which may have occurred during the testing, so that such
scribe any schedule, cost, or budget limitations applicable to
problems can be considered in evaluating the data. The Phase
the Phase II ESA or to activities comprising the assessment
II Assessor should subsequently identify such problems in any
process, including any predetermined limitation on the scope
reports or documentation provided to the user.Any laboratory
of investigation, the number of iterations of sampling, or other
utilized for chemical testing shall be accredited in accordance
activities that bear on the scope, schedule, or cost of a Phase II
with applicable state requirements.
ESA. In developing the Statement of Objectives, the user and
the Phase II Assessor must consider whether any such limita-
4.2.2 Level of Assessment—Phase II ESAs do not generally
require an exhaustive assessment of environmental conditions tionswillcompromisetheirabilitytoconductthe Phase II ESA
in accordance with this practice. If so, the Statement of
on a property.There is a point at which the cost of information
obtained and the time required to obtain it outweigh the benefit Objectivesmusteitheradapttheobjectivesofthe Phase II ESA
so that they are achievable subject to such limitations, or
of the information and, in the context of private transactions
and contractual responsibilities, may become a material detri- describe the anticipated effect of such limitations on the ability
of the Phase II ESA to achieve such objective(s).
ment to the orderly conduct of business. If the presence of
target analytes is confirmed on a property, the extent of further 5.1.3 In conferring to develop and draft the Statement of
assessment is a function of the degree of confidence required Objectives, the Phase II Assessor should provide the user with
and the degree of uncertainty acceptable, in relation to the information and explanation regarding the Phase II ESA
objectives of the assessment. process so that the user can make informed decisions and
E1903 − 19
participate in formulating objectives. The user should provide 6.4 Components of the Phase II Investigation—The follow-
the Phase II Assessor all pertinent documentation and infor- ing general steps must be taken in performing a Phase II ESA,
mation regarding the property’s environmental conditions that in the manner and level of detail appropriate to achieving the
are known to, and reasonably and practicably available to, the objectives set forth in the “Statement of Objectives” described
user,includingbutnotlimitedtothefollowing:previous ESAs, in 5.1.1:
other environmental studies, and technical reports or docu-
6.4.1 Formulate the question. The user and Phase II
ments pertinent to an understanding of the known or potential
Assessor together must formulate the question(s) to be an-
presence of target analytes at the property; oral histories
swered by the Phase II ESA. In doing so, the user’s particular
concerning releases or disposal affecting the property; and the
objective(s) for the Phase II ESA must be recognized, and the
user’s detailed knowledge of the nature of any specialized
Phase II Assessor must formulate the hypothesis or hypotheses
activities and operations conducted at the property that inher-
tobeconfirmedorrefutedbytheinvestigation.Thequestion(s)
ently pose the potential for the presence of substances on the
to be addressed must be reflected in the written Statement of
property.
Objectives.
5.1.4 Scope of Work—The Phase II Assessor shall develop a
6.4.2 Identify the areas warranting Phase II investigation
description of the methods and work tasks to be implemented
(i.e.,samplingand chemical testingof environmental media)in
to achieve the user’s Phase II objectives. See Section 7.A
order to achieve the stated obj
...
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: E1903 − 11 E1903 − 19
Standard Practice for
Environmental Site Assessments: Phase II Environmental
Site Assessment Process
This standard is issued under the fixed designation E1903; 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.
1. 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 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 scope of
work is performed, and the stated objectives are achieved, in a scientifically sound manner.
1.1.2 A Phase II ESA in accordance with this practice may follow be conducted after site assessment activities in accordance
with Practice E1527 for Phase I Environmental Site Assessments: Phase I Environmental Site Assessment Process, Practice E2247
for Environmental Site Assessments: Phase I Environmental Site Assessment for Forestland or Rural Property, EPA’s All
Appropriate Inquiries (AAI) Rule, 40 C.F.R. Part 312, or Practice E1528 for Limited Environmental Due Diligence: Transaction
Screen Process.Users of this practice should have knowledge and understanding of Practice E1527 and the AAI Rule because a
Phase II ESA may address a likely presence of hazardous substances or petroleum products identified in previous assessment
reports as a recognized environmental condition (REC). In defining the scope and purposes of a Phase II ESA, however, previous
decisions to classify property conditions or areas as RECs, or to refrain from doing so, are not determinative as to whether
investigation of the same conditions or areas is appropriate to meet the objectives of the Phase II ESA.
1.2 Objectives—This practice is intended for use in any situation in which where a user desires to obtain sound, scientifically
valid data concerning actual property conditions, whether or not such data relate to property conditions previously identified as
RECs or data gaps in Phase I ESAs. Without attempting to define all such situations, this practice contemplates that users may
seek such data to inform their evaluations, conclusions, and choices of action in connection with objectives that may include,
without limitation, one or more of the following:
1.2.1 Objective 1—Assess whether there has been a release of hazardous substances within the meaning of CERCLA, for
purposes including landowner liability protections (i.e., innocent landowner,bona fide prospective purchaser, and contiguous
property owner).
This practice 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 June 15, 2011Nov. 15, 2019. Published July 2011January 2020. Originally approved in 1997. Last previous edition approved in 20022011 as
E1903 – 97 (2002).E1903 – 11. DOI: 10.1520/E1903-11.10.1520/E1903-19.
As used herein, a “standard” is a document that has been developed and established within the consensus principles of the Society and that meets the approval
requirements of ASTM procedures and regulations. A “practice” is a definitive set of instructions for performing one or more specific operations that does not produce a test
result. A “guide,” in contrast, is a compendium of information or a series of options that does not recommend a specific course of action. A guide increases the awareness
of information and approaches in a given subject area. See Form and Style for ASTM Standards, http://www.astm.org/COMMIT/Blue_Book.pdf.
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
E1903 − 19
1.2.2 Objective 2—Provide information relevant to identifying, defining andor implementing landowner “continuing
obligations,” or the criteria established under CERCLA (e.g., exercising appropriate care by taking reasonable steps to prevent or
limit exposures to previously released hazardous substances) for maintaining the CERCLA landowner liability protections.
1.2.3 Objective 3—Develop threshold knowledge of the presence of substances on properties within the scope of the CERCLA
definition of a “brownfield site” and as required for qualifying for brownfields remediation grants from the EPA Brownfields
Program.
1.2.4 Objective 4—Provide information relevant to identifying, defining and evaluating property conditions associated with
target analytes that may pose risk to human health or the environment, or risk of bodily injury to persons on the property and
thereby give rise to potential liability in tort.
1.2.5 Objective 5—Provide information relevant to evaluating and allocating business environmental risk in transactional and
contractual contexts, including transferring, financing and insuring properties, and due diligence relating thereto.
1.2.6 Objective 6—Provide information to support disclosure of liabilities and contingent liabilities in financial statements and
securities reporting.
1.2.7 Additional information concerning these six objectives may be found in the Legal Appendix, Appendix X1.
1.3 Scope of Assessment in Relation to Objectives—The scope of a Phase II ESA is related to the objectives of the investigation.
Both scope and objectives may require ongoing evaluation and refinement as the assessment progresses.
1.3.1 In developing the scope of work and in evaluating data and information concerning the property, the Phase II Assessor
must determine whether the available information is sufficient to meet the objectives of the investigation. Even after conducting
Phase II activities to generate additional data, the Phase II Assessor must independently evaluate the sufficiency of the data in
relation to the objectives. As the investigation progresses, the objectives may be refined or redefined in consultation between the
user and the Phase II Assessor.
1.3.2 A single round of sampling and chemical testing may not always provide data sufficient to meet the chosen objectives.
If not, this practice contemplates additional sampling in an iterative sequence that concludes when the available data are sufficient.
This practice also acknowledges, however, that the user may instead elect either to redefine the objectives so that they can be met
with the data available, or to terminate the investigative process without meeting the stated objectives. The Phase II Assessment
report must disclose any respect in which available data are insufficient to meet objectives.
1.3.3 This practice does not require full site characterization in every instance, but may be used to carry out an investigation
sufficient for that purpose if desired to meet the user’s objectives.
1.4 Needs of the User—The user and Phase II Assessor must have a mutual understanding of the context in which the Phase
II ESA is to be performed and the objectives to be met by the investigation, i.e. the specific questions to be answered or problems
to be resolved by the Phase II ESA. The scope of Phase II activities must be defined in relation to those objectives.
1.4.1 The degree of confidence desired by the user influences the scope of the investigation and the evaluation of data. More
extensive testing and more iterations of sampling and analysis may be needed if the objectives require detailed conclusions with
high confidence. Less testing and fewer iterations of sampling and analysis may be needed if the objectives of the assessment
includerequire only general conclusions.
1.5 Limitations—This practice is not intended to supersede applicable requirements imposed by regulatory authorities. This
practice does not attempt to define a legal standard of care either for the performance of professional services with respect to
matters within its scope, or for the performance of any individual Phase II Environmental Site Assessment.ESA.
1.6 Organization of This Practice—This practice has nine sections and four appendices. Section 1 covers the Scope of the
practice. Section 2, Referenced Documents, lists ASTM and other organizations’ related standards and guidance that may be useful
in conducting Phase II ESAs in accordance with this practice. Section 3, Terminology, contains definitions of terms and acronyms
used in this practice. Section 4 addresses the Significance and Use of this practice, including the legal context into which Phase
II ESAs may fall. Section 5 discusses development and documentation of the scope of the Phase II ESA, including the Statement
of Objectives for the assessment. Section 6 provides a Phase II ESA Overview, with purpose and goal descriptions. Section 7
comprises the main body of Performing the Phase II ESA, and includes initiating scientific inquiry by formulating the question to
be answered (7.1), collecting and evaluating information (7.2), identifying areas for investigation (7.3), developing the conceptual
model (7.4), developing a plan and rationale for sampling (7.5), conducting the sampling (7.6), and validating the conceptual model
(7.7). Interpretation of results is covered in Section 8. Phase II Environmental Site Assessment report preparation is addressed in
Section 9. Appendix X1 supports Section 4, and contains legal considerations pertaining to Phase II Environmental Site
Assessment.Appendix X2 contains contracting considerations between Phase II assessor and user.Appendix X3 supports Section
9, and describes two examples and a sample table of contents illustrating possible approaches to reporting the results of a Phase
II Environmental Site Assessment.Appendix X4 supplements Section 2 with a list of standards and references that may be relevant
in conducting a Phase II Environmental Site Assessment.
1.7 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.
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2. Referenced Documents
2.1 The standards listed below are referenced in this practice.
2.2 ASTM Standards:
E1527 Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
E1528 Practice for Limited Environmental Due Diligence: Transaction Screen Process
E2137 Guide for Estimating Monetary Costs and Liabilities for Environmental Matters
E2173 Guide for Disclosure of Environmental Liabilities
E2247 Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural
Property
E2790 Guide for Identifying and Complying With Continuing Obligations
E3123 Guide for Recognition and Derecognition of Environmental Liabilities
2.3 Environmental Protection Agency Documents:
Standards and Practices for All Appropriate Inquiries, Final Rule, Federal Register, Tuesday, November 1, 2005, Part III
Environmental Protection Agency (codified at 40 CFR Part 312)312), as amended
Test Methods for Evaluating Solid Waste: Physical/Chemical Methods Compendium (SW-846)
3. Terminology
3.1 Definitions:
3.1.1 all appropriate inquiries (AAI)—those inquiries constituting “all appropriate inquiries… into the previous ownership and
uses of the facility in accordance with generally accepted good commercial or customary standards and practices” as defined in
CERCLA, 42 U.S.C. § 9601(35)(B), and the AAI Rule, 40 CFR Part 312, that must be conducted to qualify for certain landowner
liability protections (LLPs) under CERCLA, and to qualify for brownfields remediation grants awarded under CERCLA section
104(k)(3)(A)(ii).
3.1.2 background concentration—the concentration of a target analyte in groundwater,surface water, air, soil gas, sediment, or
soil at a reference location near an area under investigation, which is not attributable to the area under investigation. Background
samples may contain the target analyte, due to either naturally occurring or man-made sources, but not due to the release(s) in
question.
3.1.2.1 Discussion—
Background samples may contain the target analyte, due to either naturally occurring or man-made sources, but not due to the
release(s) in question.
3.1.3 behavior, fate, and transport characteristics—natural attributes of a target analyte that can be predicted based on the
distinguishing physico-chemical characteristics of the target analyte and the properties of the media in which the target analyte
occurs.
3.1.4 bona fide prospective purchaser (BFPP)—under CERLA, a person who meets the criteria stated at 42 U.S.C. § 9601(40)
and thereby becomes eligible for the bona fide prospective purchaserLLP.LLP in accordance with 42 U.S.C. §9607(r). See Legal
Appendix, Appendix X1.
3.1.5 bona fide prospective purchaser (BFPP) LLP—the CERCLALLP defined in 42 U.S.C. § 9607(r) and available to persons
who meet the statutory definition of bona fide prospective purchaser. See Legal Appendix, Appendix X1.
3.1.5 business environmental risk—a risk which can have a material environmental or environmentally-driven impact on the
business associated with the current or planned use of a parcel of commercial real estate, not necessarily limited to those
environmental issues investigated in accordance with this practice.
3.1.5.1 Discussion—
To the extent the user wishes to evaluate such risks for purposes of quantification and disclosure of business environmental risk,
further guidance can be found in Guides E2137, E2173, and E3123.
3.1.6 CERCLA—the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.§ 9601, et seq., as
amended.
3.1.7 CFR—Code of Federal Regulations.
For referenced ASTM standards, visit the ASTM website, www.astm.org, or contact ASTM Customer Service at service@astm.org. For Annual Book of ASTM Standards
volume information, refer to the standard’s Document Summary page on the ASTM website.
Available from United States Environmental Protection Agency (EPA), Ariel Rios Bldg., 1200 Pennsylvania Ave., NW, Washington, DC 20004, http://www.epa.gov.
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3.1.8 chain of custody—a written or printed form that documents information regarding sample possession, condition, and
responsibility, including the time from sample container acquisition through transportation, sample collection, and laboratory
analysis.
3.1.9 chemical testing—measurement of the presence and concentration of target analytes by analytical chemistry methods in
a laboratory; also, for purposes of this practice, measurement of certain target analytes by physical methods (e.g., for asbestos or
radioactive isotopes).
3.1.10 conceptual model—a representation of hypothesized current site conditions, which describes the physical setting
characteristics of a site and the likely distribution of target analytes that might have resulted from a known or likely release, and
which is based on all reasonably ascertainable information relevant to the objectives of the investigation and the professional
judgment of the Phase II Assessor.
3.1.11 contiguous property owner (CPO) LLP——aunder (CERCLA) LLPa defined in person who meets the criteria stated at
42 U.S.C. § 9607(q). To qualify for the § 9607(q) CPO LLP, a person must (among other things) own real property that is
contiguous or similarly situated to, and that is or may be contaminated by and thereby becomes hazardous substances from, other
real property that is not owned by that person. Furthermore, such person must have conducted all appropriate inquiries, at the time
of acquisition of the property and must not know or have reason to know that the property was or could be contaminated by a
release or threatened release from the contiguous property. The all appropriate inquiries must not have resulted in knowledge of
contamination, or else such person did “know” or “have reason to know” of contamination and would not be eligible for the CPO
contiguous property owner LLP. See Legal Appendix, Appendix X1.
3.1.12 continuing obligations—includes requirements contained in the definition of a bona fide prospective purchaser at
CERCLA §101(40)(D) and (F), the requirements for maintaining the innocent landownerLLP at 101(35)(a), which include the “due
care” provisions of §107(b)(3)(a), as well as those requirements established for maintaining the contiguous property owner liability
protection at §107(q)(1)(A) (iii) and (iv). These requirements are collectively referenced as the “ continuing obligations” and are
necessary for a person to maintain qualification for LLPs after a property is acquired, including among others, the requirement to
take exercise appropriate care by taking reasonable steps to stop or prevent releases or to limit human, environmental, or natural
resources exposure to any previously released hazardous substance (section 101(35)(B)(i)(II). 101(35)(B)(i)(II), 101(40)(D),
107(a)(1)(A)(iii)). See Guide E2790.
3.1.13 data gap—a lack of or inability to as defined in Practice E1527 obtain information pertinentand Practice E2247 to the
identification of releases or likely releases at aand determined in accordance with the process prescribed by those propertystandard
as required by the U.S.practices, a lack of or EPAinability All Appropriate Inquiries (to obtain information requiredAAI) Rule by
such practices despite good faith efforts to gather such information.Data gaps may result from incompleteness in any of the
activities required by AAI, including, but not limited to historical use research (e.g., incomplete or missing information on site uses,
activities, operations, etc. pertaining to the potential for releases to have occurred), site reconnaissance (e.g., an inability to conduct
the site visit), and interviews (e.g., an inability to interview the key site manager, regulatory officials, etc.).
3.1.14 de minimis—minimis condition—conditions a condition that generally dodoes 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.
3.1.15 diffuse anthropogenic contamination—the presence of target analytes that results from broad-scale activities that cannot
be discriminated as readily as single, site-specific discharges or releases. The most obvious of these activities is agriculture, but
urban land runoff, forestry, the urine of mammalians,mammals, wastewater treatment plant effluent discharges, and atmospheric
deposition can also be important general sources.
3.1.16 environmental media—soil, rock, groundwater,surface water, air, soil gas, sediment.
3.1.17 EPA—the United States Environmental Protection Agency.
3.1.18 ESA—environmental site assessment.
3.1.19 exposure point—a place at which a receptor comes into contact with a target analyte.
3.1.20 field screening—the measurement of physical properties or presence and approximate concentration of target analytes
in environmental media by methods or techniques employed in the field during explorations and sampling. Measurements can be
qualitative (positive/negative) or quantitative. Accuracy and precision of these methods generally are not equivalent to those
achieved in a laboratory environment.
3.1.20.1 Discussion—
Appropriate QA/QC measures must be followed for field screening equipment (e.g. calibration), for execution of field screening
activities, and for interpretation of data obtained by field screening
3.1.20.2 Discussion—
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Calibrated field analytical equipment, such as field gas chromatographs, may provide levels of detection and accuracy comparable
to those of a fixed laboratory.
3.1.21 groundwater—water below the land surface in a zone of saturation.
3.1.22 groundwater flow—the movement of water in the zone of saturation.
3.1.23 groundwater flow direction—the compass bearing of the horizontal component, and the vertical component, of water
movement in the zone of saturation.
3.1.24 hazardous substance—any substance defined as a hazardous substance pursuant to CERCLA, 42 U.S.C. § 9601(14). See
Legal Appendix, Appendix X1.
3.1.25 innocent landowner (ILO) LLP—(ILO)—under CERCLA, a (person who is within one of the three categories defined by
42 CERCLAU.S.C.) § 9601(35) and thereby becomes eligible for the innocent landowner LLP defined in accordance with 42U.S.C.
U.S.C § 9601(35) and § 9607(b)(3). See Legal Appendix, Appendix X1.
3.1.26 Landowner Liability Protections (LLPs)—provisions that establish limitations of or defenses to potential CERCLAli-
ability in favor of landowners who satisfy statutory conditions. See definitions in this section of bona fide prospective purchaser,
contiguous property owner and innocent landowner and corresponding LLPs; see also Legal Appendix, Appendix X1.
3.1.27 likely release area—a place where a Phase II Assessor judges it likely that target analytes were first introduced into
environmental media as a result of a release such that the target analytes may now be present in environmental media at the
property.Likely release areas can include, but need not be limited to, recognized environmental conditions identified in a Phase
I ESA conducted in accordance with Practice E1527 or Practice E2247.
3.1.28 migration pathway—a route through environmental media taken by a target analyte; the physical feature allowing
movement of target analytes.
3.1.29 obvious—that which is plain or evident; a condition or fact that could not be ignored or overlooked by a reasonable
observer while visually or physically observing the property, or that could be deduced by a Phase II Assessor.
3.1.30 petroleum products—those substances included within the petroleum exclusion to CERCLA, 42 U.S.C. § 9601(14), as
interpreted by the courts and EPA; that is, petroleum, including crude oil or any fraction thereof which is not otherwise specifically
listed or designated as a hazardous substance under Subparagraphs (A) through (F) of 42 U.S.C. § 9601(14), natural gas, natural
gas liquids, liquefied natural gas, and synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). (The word
fraction refers to certain distillates of crude oil, including gasoline, kerosene, diesel oil, jet fuels, and fuel oil as defined in
“Standard Definitions of Petroleum Statistics,” American Petroleum Institute).
3.1.31 Phase I environmental site assessment (Phase I ESA)—an assessment performed in accordance with the process
described in Practice E1527, Practice E2247, andor the EPA all appropriate inquiries (AAI ) rule, 40 CFR Part 312.
3.1.32 Phase II Assessor—a person meeting the definition of an Environmental Professional“Environmental Professional” as
provided in Section 3.2.293.2.32 of Practice E1527, and possessing sufficient education, professional training, and relevant
experience to conduct or be in responsible charge of environmental investigations and other activities in accordance with this
practice, and to interpret the resulting data to develop opinions and conclusions regarding the presence of target analytes in
environmental media in connection with the property in question. An individual’s status as a Phase II Assessor may be limited to
the type of assessment to be performed. Overall, a Phase II Assessor should understand and be experienced in pertinent aspects
of the scientific method, hydrogeology, geochemistry, environmental investigation/exploration techniques, interpretation of
chemical testing data, and commercial and industrial operations pertaining to the use and handling of site-specific target analytes
and production and handling of associated wastes. The Phase II Assessor may be an independent contractor or an employee of the
user. Some jurisdictions may have licensing requirements for individuals who perform certain environmental investigation
activities included in a Phase II ESA.
3.1.33 Phase II environmental site assessment (Phase II ESA)—an assessment performed in accordance with the process
described in this practice.
3.1.34 practically reviewable—information that is practically reviewable means that the information is provided by the source
in a manner and in a form that, upon examination, yields information relevant to the property without the need for extraordinary
analysis of irrelevant data. The form of the information shall be such that the user can review the records for a limited geographic
area. Records that cannot be feasibly retrieved by reference to the location of the property or a geographic area in which the
property is located are not generally practically reviewable. Most databases of public records are practically reviewable if they can
be obtained from the source agency by the county, city, zip code, or other geographic area of the facilities listed in the record
system. Records that are sorted, filed, organized, or maintained by the source agency only chronologically are not generally
practically reviewable. Listings in publicly available records which do not have adequate address information to be located
geographically are not generally considered practically reviewable. For large databases with numerous records (such as RCRA
hazardous waste generators and registered underground storage tanks), the records are not practically reviewable unless they can
be obtained from the source agency in the smaller geographic area of zip codes. Even when information is provided by zip code
for some large databases, it is common for an unmanageable number of sites to be identified within a given zip code. In these cases,
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it is not necessary to review the impact of all of the sites that are likely to be listed in any given zip code because that information
would not be practically reviewable. In other words, when so much data is generated that it cannot be feasibly reviewed for its
impact on the property, it is not practically reviewable.
3.1.35 present or presence—with regard to target analytes in environmental media,present or presence refers to the existence
of the target analyte at the property and to places where the target analyte is located. Presence does not imply that the total extent
of the target analyte is known.
3.1.36 property—the real property that is the subject of the Phase II environmental site assessment described in this practice.
Real property includes buildings and other fixtures and improvements located on the property and affixed to the land.
3.1.37 publicly available—information that is publicly available means that the source of the information allows access to the
information by anyone upon request.
3.1.38 quality assurance/quality control (QA/QC)—quality control is the use of standards and procedures designed to promote
and ensure the collection of samples and generation of analytical results that are of good and acceptable quality for the purposes
intended; quality assurance is the use of standards and procedures to evaluate work products to determine if they achieved good
and acceptable quality.
3.1.39 reasonable steps—those actions to prevent or limit human, environmental or natural resources exposure to previously
released hazardous substances that are required pursuant to (CERCLA) Sections 101(35)(B)(i)II), 101(40)(D) and 107(q)(1)(A)(iii)
to maintain qualification for LLPs after a property is acquired. See Legal Appendix, Appendix X1.
3.1.40 reasonably ascertainable—information that is (1)publicly available,(2) obtainable from its source within reasonable time
and cost constraints, and (3) practically reviewable.
3.1.41 receptor—a living organism or habitat of a community of organisms; organisms that could be exposed to target analytes
including, for example, occupants of a building if the objectives of the assessment implicate indoor air quality; also, an inanimate
feature that, if contacted by target analytes, would be a proximal means of exposing living organisms to the target analytes, e.g.,
a drinking water well that could convey groundwater containing target analytes to people.
3.1.42 recognized environmental condition (REC)—as defined in Practice E1527 and Practice E2247 and determined in
accordance with the process prescribed by those standard practices, the presence or likely presence of any hazardous substances
or petroleum products on property under conditions that indicate an existing release, a past release, or a material threat of a release
of any in on or at a property: (1) due to release of hazardous substances or petroleum products into structures on the property or
into the ground, groundwater, or the environment (2) 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 includeunder conditions indicative
of a release to the de minimisenvironment; or conditions that do not present(3) under conditions that pose a material risk of harm
to public health or the environment and that would not be the subject of an enforcement action if brought to the attention of
appropriate governmental agencies. Conditions determined to be De minimis conditionsde minimis are not recognized
environmental conditions.
3.1.43 release—as defined by § 101(22) of CERCLA, 42 U.S.C. § 9601(22), “any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or
discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant),
but exclud[ing] (A) any release which results in exposure to persons solely within a workplace, with respect to a claim which such
persons may assert against the employer of such persons, (B) emissions from the engine exhaust of a motor vehicle, rolling stock,
aircraft, vessel, or pipeline pumping station engine, (C) release of source, by-product, or special nuclear material from a nuclear
incident, as those terms are defined in the Atomic Energy Act of 1954 [42 U.S.C. § 2011 et seq.], if such release is subject to
requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of such Act
[42 U.S.C. § 2210], or, for the purposes of section 104 of CERCLA or any other response action, any release of source, by-product,
or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings
Radiation Control Act of 1978; [42 U.S.C. § 7912(a)(1) or 7942(a)], and (D) the normal application of fertilizer.”
3.1.44 remediation/remedial action—activities conducted or measures taken to protect human health, safety and the
environment. These include evaluating risk, monitoring quality of environmental media over time, imposing institutional controls,
constructing engineering controls, removing environmental media containing target analytes from the environment, removing
target analytes from environmental media, and generally designing and operating cleanup systems to isolate, remove, reduce, or
destroy target analytes.
3.1.45 site—the contiguous land area under consideration in the Phase II ESA that includes all or part of the property and that
is impacted or potentially impacted by releases; if necessary in order to achieve the objectives of the Phase II ESA, the area under
consideration may extend off the property if migrating target analytes originate from the property, or may include off-property
sources of target analytes migrating to the property.
3.1.46 site characterization—evaluation of the presence of target analytes in environmental media throughout a site impacted
or potentially impacted by a release or releases. The evaluation typically includes the determination of geological,
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hydrogeological, hydrological, and engineered aspects of the site that influence the presence of target analytes (e.g., migration
pathways,exposure points) and the existence of receptors and mechanisms of exposure.
3.1.47 substance—any element, compound or chemical, or mixtures or preparations thereof, whether man-made or naturally
occurring, which can be present in or released to environmental media, 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.
3.1.48 surface water—water exposed to the atmosphere above the surface of the ground, including but not limited to lakes,
ponds, reservoirs, artificial impoundments, streams, rivers, springs, seeps and wetlands.
3.1.49 target analytes—substances that are present in, or have been released or potentially have been released to, environmental
media at the site, and which are of interest in the context of the particular Phase II ESA and its objectives, the presence of which
will be sought and concentrations of which will be quantified through field screening or chemical testing.
3.1.50 the scientific method—principles and procedures for systematic discovery, which involve recognizing and stating a
problem for which a solution is sought, formulating an hypothesis that might resolve the problem (which hypothesis is consistent
with the body of knowledge available), collecting objective and reproducible data by performing an investigation to test the
hypothesis, and interpreting the data to validate or refute the hypothesis; and, if the hypothesis cannot be validated, revising the
hypothesis consistent with the updated body of knowledge and conducting an iteration of the procedure.
3.1.51 U.S.C.—United States Code.
3.1.52 user—the party seeking to use this practice to conduct a Phase II ESA. A user may include, without limitation, a potential
purchaser of property, a potential tenant of property, an owner of property, a lender, an insurer, or a property manager.
3.1.53 vapor intrusion—migration of one or more volatile chemical(s) from subsurface soil or water into an overlying or nearby
building or other enclosed space.
3.1.54 water table—the surface of a groundwater body at which surface the water pressure equals atmospheric pressure. Earth
material below the water table is saturated with water.
4. 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 to be addressed by the assessment (see 6.4.1) has
been answered, then further assessment is not warranted to meet the objectives of the assessment.
4.1.3 Use Not Limited to CERCLA—This practice is designed to assist a user in developing information about the environmental
condition of the property and has utility for a wide range of target analytes (e.g., including diffuse anthropogenic contamination
and naturally occurring substances) and users including those who may have no actual or potential CERCLA concerns.
4.1.4 Site- and Transaction-Specific—The scope of a Phase II ESA is site-specific and context-specific. The assessment process
defined by this practice is intended to generate sound, objective, and defensible information sufficient to satisfy diverse user
objectives.
4.1.5 Use by Other Parties—Assumptions and limitations based on theThis practice does not define whether user’sor objectives
will be built into the implementation of this practice. Any party to what extent any person other than the user who seeks to use
may use or rely upon a Phase II ESA must therefore understand all such assumptions and objectives and independently evaluate
whether prepared for the earlieruser. assessment meets the needs of such other party. To promote such understanding and
evaluation, Section The appropriateness of third party use or reliance is a contractual matter 9 of this practice requires that
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objectives of a that should be addressed between user and Phase II ESAAssessor, besee Appendix X2reported in, section X2.4a
consistent format that clearly communicates them to subsequent readers. .
4.1.5.1 This practice does not define whether or to what extent any person other than the user may use or rely upon a Phase
II ESA prepared for the user. The appropriateness of third party use or reliance is a contractual matter that should be addressed
between user and Phase II Assessor, see Appendix X2, section X2.4.
4.2 Principles—The following principles are an integral part of this practice and are intended to be referred to in resolving any
ambiguity or exercising such discretion as is accorded the user or Phase II Assessor.
4.2.1 Elimination of Uncertainty—No Phase II ESA can eliminate all uncertainty. Furthermore, any sample, either surface or
subsurface, taken for chemical testing may or may not be representative of a larger population. Professional judgment and
interpretation are inherent in the process, and even when exercised in accordance with objective scientific principles, uncertainty
is inevitable. Additional assessment beyond that which was reasonably undertaken may reduce the uncertainty.
4.2.1.1 Failure to Detect—Even when Phase II ESA work is executed competently and in accordance with this practice, it must
be recognized that certain conditions present especially difficult target analyte detection problems. Such conditions may include,
but are not limited to, complex geological settings, unusual or generally poorly understood behavior and fate characteristics of
certain substances, complex, discontinuous, random, dynamic, or spotty distributions of existing target analytes, physical
impediments to investigation imposed by the location of utilities and other man-made objects, and the inherent limitations of
assessment technologies.
4.2.1.2 Limitations of Information—The effectiveness of a Phase II ESA may be compromised by limitations or defects in the
information used to define the objectives and scope of the investigation, including inability to obtain information concerning
historichistorical site uses or prior site assessment activities despite the efforts of the user and Phase II Assessor to obtain such
information in accordance with 5.1.3.
4.2.1.3 Chemical Analysis Error—Chemical testing methods have inherent uncertainties and limitations. The Phase II Assessor
shall build quality control and quality assurance measures into the assessment, as outlined in Section 7. The Phase II Assessor
should require the laboratory to report any potential or actual problems experienced, or nonroutine events which may have occurred
during the testing, so that such problems can be considered in evaluating the data. The Phase II Assessor should subsequently
identify such problems in any reports or documentation provided to the user. Any laboratory utilized for chemical testing shall be
accredited in accordance with applicable state requirements.
4.2.2 Level of Assessment—Phase II ESAs do not generally require an exhaustive assessment of environmental conditions on
a property. There is a point at which the cost of information obtained and the time required to obtain it outweigh the benefit of
the information and, in the context of private transactions and contractual responsibilities, may become a material detriment to the
orderly conduct of business. If the presence of target analytes is confirmed on a property, the extent of further assessment is a
function of the degree of confidence required and the degree of uncertainty acceptable, in relation to the objectives of the
assessment.
4.2.3 Comparison With Subsequent Inquiry—The justification and adequacy of the findings of a Phase II ESA in light of the
findings of a subsequent inquiry should be evaluated based on the reasonableness of judgments made at the time and under the
circumstances in which they were made.
4.2.4 Data Usability—Investigation data generally only represent the site conditions at the time the data were generated.
generated and site conditions can be dynamic. Therefore, the usability of data collected as part of a Phase II ESA may have a finite
lifetime depending on the application and use being made of the data. To the extent that investigation data would fall within the
scope of data used in a Phase I ESA conducted pursuant to Practice E1527 or Practice E2247, the lifetime limits defined by those
standards apply. In all other respects, a Phase II Assessor should evaluate whether previously generated data are approp
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