Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process

SIGNIFICANCE AND USE
4.1 Uses—This practice is intended for use on a voluntary basis by parties who wish to assess the environmental condition of commercial real estate taking into account commonly known and reasonably ascertainable information. While use of this practice is intended to constitute all appropriate inquiries for purposes of the LLPs, it is not intended that its use be limited to that purpose. This practice is intended primarily as an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a subject property. No implication is intended that a person shall use this practice in order to be deemed to have conducted inquiry in a commercially prudent or reasonable manner in any particular transaction. Nevertheless, this practice is intended to reflect good commercial and customary practice (see 1.6).  
4.2 Clarifications on Use:  
4.2.1 Use Not Limited to CERCLA—This practice is designed to assist the user in developing information about the environmental condition of a subject property  and as such has utility for a wide range of persons, including those who may have no actual or potential CERCLA liability and/or may not be seeking the LLPs.  
4.2.2 Residential Tenants/Purchasers and Others—No implication is intended that it is currently customary practice for residential tenants of multifamily residential buildings, tenants of single-family homes or other residential real estate, or purchasers of dwellings for one’s own residential use, to conduct an environmental site assessment in connection with these transactions. Thus, these transactions are not included in the term commercial real estate transactions, and it is not intended to imply that such persons are obligated to conduct an environmental site assessment in connection with these transactions for purposes of all appropriate inquiries or for any other purpose. In addition, no implication is intended that it is currently customary practice for environmental site ...
SCOPE
1.1 Purpose—The purpose of this practice is to define good commercial and customary practice in the United States of America for conducting an environmental site assessment2 of a parcel of commercial real estate with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. § 9601) and petroleum products. As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner,  contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the “landowner liability protections,” or “LLPs”): that is, the practice that constitutes all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial and customary standards and practices as defined at 42 U.S.C. § 9601(35)(B). (See Appendix X1 for an outline of CERCLA’s liability and defense provisions.) Controlled substances are not included within the scope of this practice. Persons conducting an environmental site assessment as part of an EPA Brownfields Assessment and Characterization Grant awarded under CERCLA 42 U.S.C. § 9604(k)(2)(B) must include controlled substances as defined in the Controlled Substances Act (21 U.S.C. § 802) within the scope of the assessment investigations to the extent directed in the terms and conditions of the specific grant or cooperative agreement. Additionally, an evaluation of business environmental risk  (BER) associated with a parcel of commercial real estate may necessitate investigation beyond that identified in this practice (see 1.4 and Section 13).  
1.1.1 Recognized Environmental Conditions—The goal of the processes established by this practice is to identify recognized environmental conditions. The term recognized environmental condition means (1) the presence of hazardous substances or petroleum produc...

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Publication Date
31-Oct-2021
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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: E1527 − 21
Standard Practice for
Environmental Site Assessments: Phase I Environmental
1
Site Assessment Process
This standard is issued under the fixed designation E1527; 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 1.1.1 Recognized Environmental Conditions—The goal of
the processes established by this practice is to identify recog-
1.1 Purpose—The purpose of this practice is to define good
nized environmental conditions. The term recognized environ-
commercial and customary practice in the United States of
2
mental condition means (1) the presence of hazardous sub-
America for conducting an environmental site assessment of a
stances or petroleum products in, on, or at the subject property
parcel of commercial real estate with respect to the range of
due to a release to the environment; (2) the likely presence of
contaminants within the scope of the Comprehensive Environ-
hazardous substances or petroleum products in, on, or at the
mental Response, Compensation, and LiabilityAct (CERCLA)
subject property due to a release or likely release to the
(42 U.S.C. § 9601) and petroleum products. As such, this
environment;or (3) the presence of hazardous substances or
practice is intended to permit a user to satisfy one of the
petroleum products in, on, or at the subject property under
requirementstoqualifyforthe innocent landowner, contiguous
conditions that pose a material threat of a future release to the
property owner,or bona fide prospective purchaser limitations
environment.A de minimis condition is not a recognized
on CERCLA liability (hereinafter, the “landowner liability
environmental condition.
protections,” or “LLPs”): that is, the practice that constitutes
all appropriate inquiries into the previous ownership and uses
1.1.2 Petroleum Products—Petroleum productsareincluded
of the property consistent with good commercial and custom- within the scope of this practice because they are of concern
ary standards and practices as defined at 42 U.S.C.
with respect to commercial real estate and current custom and
§ 9601(35)(B). (See Appendix X1 for an outline of CERCLA’s
usage is to include an inquiry into the presence of petroleum
liability and defense provisions.) Controlled substances are not
products when doing an environmental site assessment of
included within the scope of this practice. Persons conducting
commercial real estate. Inclusion of petroleum products within
an environmental site assessment as part of an EPA Brown-
the scope of this practice is not based upon the applicability, if
fields Assessment and Characterization Grant awarded under
any, of CERCLA to petroleum products.
CERCLA 42 U.S.C. § 9604(k)(2)(B) must include controlled
1.1.3 CERCLA Requirements Other Than Appropriate
substances as defined in the Controlled Substances Act (21
Inquiries—This practice does not address whether require-
U.S.C.§ 802)withinthescopeoftheassessmentinvestigations
ments in addition to all appropriate inquiries have been met in
totheextentdirectedinthetermsandconditionsofthespecific
order to qualify for the LLPs (for example, the duties specified
grant or cooperative agreement. Additionally, an evaluation of
in 42 U.S.C. §§ 9607(b)(3)(a) and (b) and cited in Appendix
business environmental risk (BER) associated with a parcel of
X1, including the continuing obligation not to impede the
commercial real estate may necessitate investigation beyond
integrity and effectiveness of activity and use limitations
that identified in this practice (see 1.4 and Section 13).
[AULs], or the duty to take reasonable steps to prevent
releases, or the duty to comply with legally required release
reporting obligations).
1
This practice is under the jurisdiction of ASTM Committee E50 on Environ-
1.1.4 Other Federal, State, and Local Environmental
mental Assessment, Risk Management and Corrective Action and is the direct
Laws—Thispracticedoesnotaddressrequirementsofanystate
responsibility of Subcommittee E50.02 on Real Estate Assessment and Manage-
or local laws or of any federal laws other than the all
ment.
Current edition approved Nov. 1, 2021. Published November 2021. Originally
appropriate inquiries provisions of the LLPs. Users are cau-
approved in 1993. Last previous edition approved in 2013 as E1527 – 13. DOI:
tioned that federal, state, and local laws may impose environ-
10.1520/E1527-21.
2 mentalassessmentobligationsthatarebeyondthescopeofthis
A
...

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: E1527 − 13 E1527 − 21
Standard Practice for
Environmental Site Assessments: Phase I Environmental
1
Site Assessment Process
This standard is issued under the fixed designation E1527; 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 Purpose—The purpose of this practice is to define good commercial and customary practice in the United States of America
2
for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants
within the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.
§9601)§ 9601) and petroleum products. As such, this practice is intended to permit a user to satisfy one of the requirements to
qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA
liability (hereinafter, the “landowner liability protections,” or “LLPs”): that is, the practice that constitutes all appropriate inquiries
into the previous ownership and uses of the property consistent with good commercial and customary practice standards and
practices as defined at 42 U.S.C. §9601(35)(B).§ 9601(35)(B). (See Appendix X1 for an outline of CERCLA’s liability and defense
provisions.) Controlled substances are not included within the scope of this standard.practice. Persons conducting an environmental
site assessment as part of an EPA Brownfields Assessment and Characterization Grant awarded under CERCLA 42 U.S.C.
§9604(k)(2)(B)§ 9604(k)(2)(B) must include controlled substances as defined in the Controlled Substances Act (21 U.S.C.
§802)§ 802) within the scope of the assessment investigations to the extent directed in the terms and conditions of the specific grant
or cooperative agreement. Additionally, an evaluation of business environmental risk(BER) associated with a parcel of commercial
real estate may necessitate investigation beyond that identified in this practice (see Sections 1.31.4 and Section 13).
1.1.1 Recognized Environmental Conditions—In defining a standard of good commercial and customary practice for conducting
an The 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 conditionscondition means (1) the presence of hazardous
substances or petroleum products in, on, or at the subject property due to a release to the environment; (2) the likely presence of
any hazardous substances or petroleum products in, on, or at athe subject property: ( due to a 1release) due to any or likely release
to the environment; (or 2(3)) under conditions indicative of a the presence of releasehazardous substances toor thepetroleum
environmentproducts; or ( in, on, or at the 3subject property) under conditions that pose a material threat of a future release to
the environment. A Dede minimis condition conditions are is not a recognized environmental conditions.condition.
1.1.2 Petroleum Products—Petroleum products are included within the scope of this practice because they are of concern with
respect to many parcels of commercial real estate and current custom and usage is to include an inquiry into the presence of
petroleum products when doing an environmental site assessment of commercial real estate. Inclusion of petroleum products
within the scope of this practice is not based upon the applicability, if any, of CERCLA to petroleum products. (See X1.1.2.1 for
discussion of petroleum exclusion to CERCLA liability.)
1.1.3 CERCLA Requirements Other Than Appropriate Inquiries—This practice does not address whether requirements in addition
1
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 Nov. 1, 2013Nov. 1, 2021. Published November 2013November 2021. Originally approved in 1993. Last previous edition approved in 20052013
as E1527 – 05.E1527 – 13. DOI: 10.1520/E1527-13.10.1520/E1527-21.
2
All definitions, descriptions of terms, and acronyms are defined in Section 3. Whenever terms defined in 3.2 are used in this practice, they are in it
...

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