Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property

SCOPE
1.1 Purpose—The purpose of this practice is to define good commercial and customary practice in the United States of America for conducting a Phase I environmental site assessment of a property 120 acres or greater of forestland or rural property or with a developed use of only managed forestland and/or agriculture with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and petroleum products. The property need not be adjoining; however, the separate areas should have substantially the same general land use and be part of the same transaction. The property may contain isolated areas of non-forestland and non-rural property. As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA liability; that is, the practices that constitute "all appropriate inquiry into the previous ownership and uses of the  property consistent with good commercial or customary practice" as defined in 42 USC § 9601(35)(B). (See Appendix X1 for an outline of CERCLA's liability and defense provisions).
1.1.1 Recognized Environmental Conditions—In defining a standard of good commercial and customary practice for conducting an environmental site assessment of a parcel of property, the goal of the processes established by this practice is to identify recognized environmental conditions. The term recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any  hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the  property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The scope of the work in Section 12 (Non-Scope Considerations) also applies to conditions that would affect the quality of water and threatened and endangered species on a  property (as defined in the Clean Water Act and the Endangered Species Act specific to non-point source BMP deviations and the taking of threatened and endangered species). The term is not intended to include  de minimis conditions that generally do not present a material risk of harm to public health or the environment or that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.
1.1.2 Three Related Practices—This practice is closely related to Practices E 1527 and E 1528. Both E 1527 and E 1528 are environmental site assessments for commercial real estate (see 4.3). This practice also shares similar protocols with Appendix guidance documents X3 and X4: Phase I Environmental Site Assessment Guides for Clean Water Act Non-Point Source Considerations and Threatened and Endangered Species Considerations on Forestland or Rural Property.
1.1.3 Petroleum Products—Petroleum products are included within the scope of this practice because they are of concern with respect to many parcels of forestland or rural property and current custom and usage is to include an inquiry into the presence of petroleum products when doing an environmental site assessment of forestland or rural property. Inclusion of petroleum products within the scope of this practice is not based upon the applicability, if any, of CERCLA to petroleum products. (See Appendix X1 for discussion of petroleum exclusion to CERCLA liability.)
1.1.4 CERCLA Requirements Other Than Appropriate Inquiry—This practice does not address whether requirements in addition to appropriate inquiry have been met in order to qualify for CERCLA's innocent landowner defense (for example, the duties specified in 42 USC § 9607(b)(3)(a) and (b) and cited in Appendix X1).
1.1.5 Other Federal, State, and Local Envir...

General Information

Status
Historical
Publication Date
09-Nov-2002
Current Stage
Ref Project

Relations

Buy Standard

Standard
ASTM E2247-02 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property
English language
33 pages
sale 15% off
Preview
sale 15% off
Preview

Standards Content (Sample)

NOTICE: This standard has either been superseded and replaced by a new version or withdrawn.
Contact ASTM International (www.astm.org) for the latest information
Designation: E 2247 – 02
Standard Practice for
Environmental Site Assessments: Phase I Environmental
1
Site Assessment Process for Forestland or Rural Property
This standard is issued under the fixed designation E 2247; 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 (e) indicates an editorial change since the last revision or reapproval.
1. Scope (Non-Scope Considerations) also applies to conditions that
would affect the quality of water and threatened and endan-
1.1 Purpose—The purpose of this practice is to define good
gered species on a property (as defined in the Clean WaterAct
commercial and customary practice in the United States of
and the Endangered Species Act specific to non-point source
America for conducting a Phase I environmental site assess-
2
BMP deviations and the taking of threatened and endangered
ment of a property 120 acres or greater of forestland or rural
species). The term is not intended to include de minimis
property or with a developed use of only managed forestland
conditions that generally do not present a material risk of harm
and/or agriculture with respect to the range of contaminants
to public health or the environment or that generally would not
within the scope of the Comprehensive Environmental Re-
be the subject of an enforcement action if brought to the
sponse, Compensation, and Liability Act (CERCLA) and
attention of appropriate governmental agencies.
petroleum products. The property need not be adjoining;
1.1.2 Three Related Practices—This practice is closely
however, the separate areas should have substantially the same
related to Practices E 1527 and E 1528. Both E 1527 and
general land use and be part of the same transaction. The
E 1528 are environmental site assessments for commercial real
property may contain isolated areas of non-forestland and
estate(see4.3).Thispracticealsosharessimilarprotocolswith
non-rural property.As such, this practice is intended to permit
Appendix guidance documents X3 and X4: Phase I Environ-
a user to satisfy one of the requirements to qualify for the
mental SiteAssessment Guides for CleanWaterAct Non-Point
innocent landowner defense to CERCLA liability; that is, the
Source Considerations and Threatened and Endangered Spe-
practices that constitute “all appropriate inquiry into the
cies Considerations on Forestland or Rural Property.
previous ownership and uses of the property consistent with
1.1.3 Petroleum Products—Petroleum products are in-
good commercial or customary practice” as defined in 42 USC
cluded within the scope of this practice because they are of
§9601(35)(B).(SeeAppendixX1foranoutlineofCERCLA’s
concern with respect to many parcels of forestland or rural
liability and defense provisions).
property and current custom and usage is to include an inquiry
1.1.1 Recognized Environmental Conditions—In defining a
into the presence of petroleum products when doing an
standard of good commercial and customary practice for
environmental site assessment of forestland or rural property.
conducting an environmental site assessment of a parcel of
Inclusion of petroleum products within the scope of this
property, the goal of the processes established by this practice
practiceisnotbasedupontheapplicability,ifany,ofCERCLA
is to identify recognized environmental conditions. The term
to petroleum products. (See Appendix X1 for discussion of
recognized environmental conditions means the presence or
petroleum exclusion to CERCLA liability.)
likely presence of any hazardous substances or petroleum
1.1.4 CERCLA Requirements Other Than Appropriate
products on a property under conditions that indicate an
Inquiry—This practice does not address whether requirements
existing release, a past release, or a material threat of a release
in addition to appropriate inquiry have been met in order to
of any hazardous substances or petroleum products into
qualify for CERCLA’s innocent landowner defense (for ex-
structures on the property or into the ground, groundwater, or
ample, the duties specified in 42 USC § 9607(b)(3)(a) and (b)
surface water of the property. The term includes hazardous
and cited in Appendix X1).
substances or petroleum products even under conditions in
1.1.5 Other Federal, State, and Local Environmental
compliance with laws. The scope of the work in Section 12
Laws—This practice does not address requirements of any
state or local laws or of any federal laws other than the
1
This practice is under the jurisdiction of ASTM Committee E50 on Environ-
appropriate inquiry provisions of CERCLA’s innocent land-
mentalAssessment and is the direct responsibility of Subcommittee E50.02 on Real
owner defense. Use
...

Questions, Comments and Discussion

Ask us and Technical Secretary will try to provide an answer. You can facilitate discussion about the standard in here.