ASTM E—05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process on The new standard supersedes the standard, ASTM E , which had been deemed to satisfy the EPA’s “all appropriate inquiry” (AAI). The federal Comprehensive Environmental. Response Compensation and Liability Act. (“CERCLA”) holds current and former owners and operators of.

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Similarly, the definition of a historical recognized environmental condition HREC has been revised to limit applicability to situations where past contamination has been addressed to unrestricted residential standards. Sections are the main body of the Phase I Environmental Site Assessment, including evaluation and report preparation. Active view current version of standard.

The term includes hazardous substances or petroleum products even under conditions in compliance with laws. Furthermore, any federal tax advice herein including any attachment hereto may not be used or referred to in promoting, marketing or recommending a transaction or arrangement to another party. Not all aspects of this practice may be applicable in all circumstances. Referenced Documents purchase separately The documents listed below are referenced within the subject standard but are not provided as part of the standard.

Clay Larkin Charles J. The term is not intended to include de minimis conditions that generally do 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.

If this article, including any attachments, contains any federal tax advice, such advice is not intended or written by the practitioner to be used, and it may not be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer. This standard 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 available information.


A release that has been fully investigated and remediated, and may be subject to a no further action letter, or has been designated as a HREC under prior assessments, may need to be designated as a current REC if more stringent regulatory criteria or thresholds are now in effect. Additionally, parties may follow the regulatory requirements of the AAI final rule. 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.

Further information concerning this disclosure, and the reasons for such disclosure, may be obtained upon request from the author of this article.

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”: Michael Gaerte Jeremy P.

Applicability of the Updated Phase I Standard ASTM E 1527-13

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 environmental professional as additional services beyond the scope of this practice prior to initiation of the environmental site assessment process.

The appendixes are included for information and are not part of the procedures prescribed in this practice. Section 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.


Section 3 is Referenced Documents. Clapacs Briana Clark Ross D. Section 1 is the Scope. Brandon McGrath Jeffrey A. Additionally, an evaluation of business environmental risk associated with a parcel of commercial real estate may necessitate investigation beyond that identified in this practice see Sections 1.

Irving Dwayne Isaacs Phil L. 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 8. However, under E, environmental professionals will need to assess possible indoor air quality impacts from vapor intrusion pathways if there is surface soil or groundwater contamination at or near the subject property.

Applicability of the Updated Phase I Standard ASTM E – HUD Exchange

Inclusion of petroleum products within the scope of this practice is not based upon the applicability, if any, of CERCLA to petroleum products. Section provides discussion regarding activity and use limitations. Standqrd document cannot replace education or experience and should be used in conjunction with professional judgment. Matthew Neff Gregory A.

However, because adverse comments were submitted on the direct final rule, the EPA officially withdrew the rule on Oct. Bryan Weese Brian W. Section is Significance and Use of this practice. Posted in Environment and Natural Resources.

Keane Jan Keefer J. 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. Chesnut Margaret Christensen Grantland M.

Lavelle Scott Leisz Benjamin J. Controlled substances are not included within the scope of this standard.

Section describes User’s Responsibilities. Larry Kane Margaret E. Work Item s – proposed revisions of this standard. Section provides additional information regarding non-scope considerations see.