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Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
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STANDARD published on 1.11.2021
Designation standards: ASTM E1527-21
Publication date standards: 1.11.2021
SKU: NS-1041961
The number of pages: 59
Approximate weight : 177 g (0.39 lbs)
Country: American technical standard
Category: Technical standards ASTM
Keywords:
commercial real estate, contaminants, environmental site assessment, Phase I,, ICS Number Code 13.020.30 (Environmental impact assessment)
Significance and Use | ||||
4.1?UsesThis practice is intended for use on a voluntary basis by parties who wish to assess the environmental condition of 4.2?Clarifications on Use:? 4.2.1?Use Not Limited to CERCLAThis practice is designed to assist the 4.2.2?Residential Tenants/Purchasers and OthersNo 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 ones own residential use, to conduct an Note 1:?The 2018 BUILD Act amended the CERCLA definition of 4.2.3?Site-SpecificThis practice is site-specific in that it relates to the assessment of environmental conditions for specific commercial real estate. Consequently, this practice does not address many additional issues raised in transactions such as purchases of business entities, or interests therein, or of their assets, that may well involve environmental liabilities pertaining to properties previously owned or operated or other off-site environmental liabilities. 4.3?Who May ConductA 4.4?Additional ServicesAs set forth in 12.10, additional services may be contracted for between the user and the environmental professional. Such additional services may include business environmental risk (BER) issues not included within the scope of this practice, examples of which are identified in Section 13 under Non-Scope Considerations. 4.5?PrinciplesThe 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 4.5.1?Uncertainty Not EliminatedNo environmental site assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a subject property. Performance of this practice is intended to reduce, but not eliminate, uncertainty regarding the potential for recognized environmental conditions in connection with a subject property, and this practice recognizes reasonable limits of time and cost. 4.5.2?Not ExhaustiveAll appropriate inquiries does not mean an exhaustive assessment of a property. There is a point at which the cost of information obtained or the time required to gather it outweighs the usefulness of the information and, in fact, may be a material detriment to the orderly completion of transactions. One of the purposes of this practice is to identify a balance between the competing goals of limiting the costs and time demands inherent in performing an environmental site assessment and the reduction of uncertainty about unknown conditions resulting from additional information. 4.5.3?Level of Inquiry is VariableNot every property will warrant the same level of assessment. Consistent with good commercial and customary standards and practices as defined at 42 U.S.C. ? 9601(35)(B), the appropriate level of environmental site assessment will be guided by the type of property subject to assessment, the expertise and risk tolerance of the user, future intended uses of the 4.5.4?Comparison with Subsequent InquiryIt should not be concluded or assumed that an inquiry was not 4.5.5?Point in TimeThe 4.6?Continued Viability of Environmental Site Assessment:? 4.6.1?Presumed ViabilitySubject to 4.8 and the users responsibilities set forth in Section 6, an environmental site assessment meeting or exceeding this practice is presumed to be viable when it is conducted within 180 days prior to the date of acquisition4.6.2?Updating of Certain ComponentsSubject to 4.8 and the users responsibilities set forth in Section 6, an environmental site assessment meeting or exceeding this practice and for which the information was collected or updated within one year prior to the date of acquisition of the (i) interviews with owners, operators, and occupants; (ii) searches for recorded environmental cleanup liens (a user responsibility, see Section 6); (iii) reviews of federal, tribal, state, and local government records; (iv) visual inspections of the (v) the declaration by the environmental professional responsible for the assessment or update. 4.6.3?Compliance with All Appropriate InquiriesTo qualify for one of the threshold criteria for satisfying the 4.6.4?Users ResponsibilitiesIf, within this period, the environmental site assessment will be used by a 4.7?Prior Assessment UsageThis practice recognizes that environmental site assessments performed in accordance with this practice will include information that subsequent 4.7.1?Use of Prior InformationSubject to the requirements set forth in 4.6, users and environmental professionals may use information in prior environmental site assessments provided such information was generated as a result of procedures that meet or exceed the requirements of this practice. However, such information shall not be used without current investigation of conditions likely to affect recognized environmental conditions in connection with the subject property. Additional tasks may be necessary to document conditions that may have changed materially since the prior 4.7.2?Contractual Issues Regarding Prior Assessment UsageThe contractual and legal obligations between prior and subsequent 4.8?Actual Knowledge ExceptionIf the user or environmental professional(s) conducting an 4.9?Rules of EngagementThe contractual and legal obligations between an 4.10?Organization of This PracticeThis practice has thirteen sections and six appendixes. Section 1 is the Scope. Section 2 is Referenced Documents. Section 3, Terminology, has definitions of terms not unique to this practice, descriptions of terms unique to this practice, and acronyms. Section 4 is Significance and Use of this practice. Section 5 provides discussion regarding activity and use limitations. Section 6 describes Users Responsibilities. Sections 7 12 are the main body of the Phase I Environmental Site Assessment, including evaluation and report preparation. Section 13 provides additional information regarding non-scope considerations (see 1.4). The appendixes are included for information and are not part of the procedures prescribed in this practice. Appendix X1 explains the liability and defense provisions of CERCLA that will assist the 1.1?PurposeThe 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 1.1.1?Recognized Environmental ConditionsThe goal of the processes established by this practice is to identify 1.1.2?Petroleum Products1.1.3?CERCLA Requirements Other Than Appropriate InquiriesThis practice does not address whether requirements in addition to all appropriate inquiries have been met in order to qualify for the LLPs (for example, the duties specified in 42 U.S.C. ?? 9607(b)(3)(a) and (b) and cited in Appendix X1, including the continuing obligation not to impede the integrity and effectiveness of 1.1.4?Other Federal, State, and Local Environmental LawsThis practice does not address requirements of any state or local laws or of any federal laws other than the all appropriate inquiries provisions of the 1.1.5?DocumentationThe scope of this practice includes research and reporting requirements that support the 1.2?ObjectivesObjectives guiding the development of this practice are (1) to synthesize and put in writing good commercial and customary practice for environmental site assessments for 1.3?UnitsThe values stated in inch-pound units are to be regarded as the standard. The values given in parentheses are mathematical conversions to SI units that are provided for information only and are not considered standard. 1.4?Considerations beyond ScopeThe use of this practice is strictly limited to the scope set forth in this section. Section 13 of this practice identifies, for informational purposes, certain environmental conditions (not an all-inclusive list) that may exist at a 1.5?This practice offers a set of instructions for performing one or more specific operations. This document cannot replace education or experience and should be used in conjunction with professional judgment. Not all aspects of this practice may be applicable in all circumstances. This ASTM standard is not intended to represent or replace the standard of care by which the adequacy of a given professional service must be judged, nor should this document be applied without consideration of a projects many unique aspects. The word Standard in the title means only that the document has been approved through the ASTM consensus process. 1.6?This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety, health, and environmental practices and determine the applicability of regulatory limitations prior to use. 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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