ASTM E2247-23 PDF

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 forestland or rural property 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 1.5.) 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 Occupants/Lessees/Purchasers and Others—No implication is intended that it is currently customary practice for residential occupants/lessees of multifamily residential buildings, occupants/lessees 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 forestland or rural property 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. 4.2.3 Site-specific—This practice is site-specific in tha... SCOPE 1.1 Purpose—The purpose of this practice is to provide an alternative method to ASTM E1527 for good commercial and customary practices in the United States of America for conducting a Phase I Environmental Site Assessment2 of forestland or rural property with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 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 a 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 standard. 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 Standard Practice Selection—The methodology included in this practice is an effective and practical process for achieving the objectives of a Phase I Environmental Site Assessment of forestland or rural property when some of the metho...