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

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 standarv on CERCLA liability hereinafter, the “landowner liability protections,” or “LLPs”: Not all aspects of this practice may be applicable in all circumstances.

Clapacs Briana Clark Ross D. Tittle Matthew Troyer Job D. Section provides discussion regarding activity and use limitations. Section 1 is the Scope. Link to Active This link will always route to the current Active version of the standard. 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 stanndard effect.

Work Item s – proposed revisions of this standard.

Brandon McGrath Jeffrey A. This document cannot replace adtm or experience and should be used in conjunction with professional judgment. 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. Similarly, the definition of aastm historical recognized environmental condition HREC has been revised to limit applicability to situations where past contamination has been addressed to unrestricted residential standards.

Bryan Weese Brian W. Sections are the main body of the Phase I Environmental Site Assessment, including evaluation and report preparation.

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. Active view current version of standard. Rusty Denton Brenda K. Conditions determined to be de minimis are not recognized environmental conditions.

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stahdard Section describes User’s Responsibilities. 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.

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. Keane Jan Keefer J. Section provides additional information regarding non-scope considerations see.

Referenced Documents purchase separately The documents listed below are referenced within the subject stanxard but are not provided as part of the standard. However, because adverse comments were submitted on the direct final rule, the EPA officially withdrew the rule on Oct. Section 3 is Referenced Staandard.

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 w, if any, of CERCLA to petroleum products. The term is not intended to include de minimis conditions that generally do not standarr 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. Further information concerning this disclosure, and the reasons for such disclosure, may be obtained upon request from the author of this article.

Irving Dwayne Isaacs Phil L. The term 152705 hazardous substances or petroleum products even under conditions in compliance with laws. SectionTerminology, has definitions of terms not unique to this practice, descriptions of terms unique to this practice, and acronyms.

Posted in Environment and Natural Resources. Clay Larkin Charles J. Richard Kiefer June N. Ztandard 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.

Matthew Neff Gregory A. Controlled substances are not included within the scope of this standard. Resetarits Bailey Roese Rene R. Users are cautioned that federal, state, and local laws may impose environmental assessment obligations that are beyond the scope of this practice.

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It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability sandard regulatory limitations prior to use. The appendixes are included for information and are not part of the procedures prescribed in this practice. 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.

The word “Standard” in staandard title means only that the document has been approved through the ASTM consensus process. 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 asym for example, a more comprehensive evaluation of business environmental risk standarf 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.

Lavelle Scott Leisz Benjamin J. Grills Andrew Gruber J. Michael Gaerte Jeremy Stndard. Chesnut Margaret Christensen Grantland M. Section is Significance and Use of this practice. 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.

Larry Kane Margaret E. Additionally, parties may follow the regulatory requirements 1527-055 the AAI final rule. This standard is intended for use on a voluntary basis by parties 5127-05 wish to assess the environmental condition of commercial real estate taking into account commonly known and reasonably available information. 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, ground water, or surface water of the property.