Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
STANDARD published on 1.11.2013
Designation standards: ASTM E1527-13
Publication date standards: 1.11.2013
The number of pages: 47
Approximate weight : 141 g (0.31 lbs)
Country: American technical standard
Category: Technical standards ASTM
ICS Number Code 13.020.30 (Environmental impact assessment)
|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 property. No implication is intended that a person must 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 a commercially prudent and reasonable inquiry. (See Section 1.6.)
4.2 Clarifications on Use:
4.2.1 Use Not Limited to CERCLA—This practice is designed to assist the 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 4.2.3 Site-Specific—This practice is site-specific in that it relates to assessment of environmental conditions on a specific parcel of 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 Conduct—A 4.4 Additional Services—As set forth in 12.9, additional services may be contracted for between the user and the 4.5 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 environmental professional in performing an environmental site assessment or in judging whether a user or environmental professional has conducted appropriate inquiry or has otherwise conducted an adequate environmental site assessment.
4.5.1 Uncertainty Not Eliminated—No environmental site assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a property. Performance of this practice is intended to reduce, but not eliminate, uncertainty regarding the potential for recognized environmental conditions in connection with a property, and this practice recognizes reasonable limits of time and cost.
4.5.2 Not Exhaustive—All 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 Variable—Not every property will warrant the same level of assessment. Consistent with good commercial and customary practice, the appropriate level of 4.5.4 Comparison with Subsequent Inquiry—It should not be concluded or assumed that an inquiry was not all appropriate inquiries merely because the inquiry did not identify 4.6 Continued Viability of Environmental Site Assessment—Subject to Section (i) interviews with (ii) searches for recorded environmental cleanup liens;
(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.
4.7 Prior Assessment Usage—This practice recognizes that environmental site assessments performed in accordance with this practice will include information that subsequent users may want to use to avoid undertaking duplicative assessment procedures. Therefore, this practice describes procedures to be followed to assist users in determining the appropriateness of using information in environmental site assessments performed more than one year prior to the date of acquisition of the property or (for transactions not involving an acquisition) the date of the intended transaction. The system of prior assessment usage is based on the following principles that should be adhered to in addition to the specific procedures set forth elsewhere in this practice:
4.7.1 Use of Prior Information—Subject to the requirements set forth in Section 4.7.2 Contractual Issues Regarding Prior Assessment Usage—The contractual and legal obligations between prior and subsequent users of 4.8 Actual Knowledge Exception—If the user or environmental professional(s) conducting an environmental site assessment has actual knowledge that the information being used from a prior environmental site assessment is not accurate or if it is obvious, based on other information obtained by means of the environmental site assessment or known to the person conducting the 4.9 Rules of Engagement—The contractual and legal obligations between an environmental professional and a user (and other parties, if any) are outside the scope of this practice. No specific legal relationship between the environmental professional and the user is necessary for the user to meet the requirements of this practice.
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 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 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 1.1.3 CERCLA Requirements Other Than Appropriate Inquiries—This practice does not address whether requirements in addition to all appropriate inquiries have been met in order to qualify for the 1.1.4 Other Federal, State, and Local Environmental Laws—This 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 LLPs . Users are cautioned that federal, state, and local laws may impose environmental assessment obligations that are beyond the scope of this practice. 1.1.5 Documentation—The scope of this practice includes research and reporting requirements that support the user’s ability to qualify for the LLPs. As such, sufficient documentation of all sources, records, and resources utilized in conducting the inquiry required by this practice must be provided in the written report (refer to 1.2 Objectives—Objectives guiding the development of this practice are (1) to synthesize and put in writing good commercial and customary practice for 1.3 Considerations Beyond Scope—The 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 on a property that are beyond the scope of this practice, but may warrant consideration by parties to a commercial real estate transaction. The need to include an investigation of any such conditions in the environmental professional’s scope of services should be evaluated based upon, among other factors, the nature of the property and the reasons for performing the assessment (for example, a more comprehensive evaluation of business environmental risk) and should be agreed upon between the user and 1.4 Organization of This Practice—This practice has thirteen sections and five appendixes. Section 1.5 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 and health practices and determine the applicability of regulatory limitations prior to use.
1.6 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 project’s many unique aspects. The word “Standard” in the title means only that the document has been approved through the ASTM consensus process.
|2. Referenced Documents|
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