"Historical" and "Controlled" Recognized Environmental ConditionsĪSTM has significantly changed the meaning of Historical Recognized Environmental Conditions under E 1527-13. In light of these clarifications, practitioners should be reviewing their standard forms to be sure that lenders and others are not listing the "presence" or "existence" of hazardous substances or releases into the indoor environment (which does not meet the definition of "environment") as conditions that potentially trigger liability under CERCLA.
![astm standards phase i astm standards phase i](https://www.phase-technology.com/images/astm.jpg)
10įirst, the revised definition focuses more directly on "releases to the environment" than the presence of hazardous substances, and in light of the revised definitions of "release" and "environment," 11 now more closely aligns with the AAI regulations, which are expressly intended to identify "conditions indicative of releases and threatened releases of hazardous substances on, at, in, or to the subject property." 12 The REC definition has been clarified and streamlined in E1527-13 to mean "the presence or likely presence of any hazardous substances or petroleum products in, on or at a property: (1) due to any release to the environment (2) under conditions indicative of a release to the environment or (3) under conditions that pose a material threat of future release to the environment." 9 De minimis conditions are not recognized environmental conditions. Notable revisions include the following: Definition of Recognized Environmental Conditions Specific Revisions Contained in ASTM E1527-13Į1527-13 contains multiple revisions and updates that will affect how Phase I ESAs are conducted and how RECs are identified and reported. EPA is in the process of addressing comments filed on the Direct Final Rule and anticipates finalizing the rulemaking by the end of this year. 6 In a Direct Final Rule 7 that was subsequently withdrawn, 8 EPA signaled its view that the procedures set forth in E1527-13 will also satisfy AAI.
![astm standards phase i astm standards phase i](https://www.astmcannabis.org/wp-content/uploads/2021/03/ASTM-Cannabis-Services-Logo-HORIZONTAL-March-2021.png)
5 Nevertheless, since 2005, EPA has accepted the procedures set forth in E1527-05 as constituting "all appropriate inquiries" (AAI) for purposes of satisfying one of the threshold requirements for establishing one or more of the landowner liability protections (LLPs) provided in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). 4 A Phase I ESA does not represent an exhaustive environmental investigation of the site. Under the ASTM E1527 standard, a Phase I ESA of a property typically involves a review of regulatory records pertaining to the site and surrounding properties, field reconnaissance and interviews with individuals who may have knowledge about the site, including past and present owners, operators and occupants, as well as certain state and/or local government officials. It issued subsequent revisions in 1997 and, most recently, in 2005. 2 A REC is defined in E1527-13 as "the presence or likely presence of any hazardous substances or petroleum products in, on or at a property (1) due to release to the environment (2) under conditions indicative of a release to the environment or (3) under conditions that pose a material threat of a future release to the environment." 3ĪSTM initially published the E1527 standard in 1993. The purpose of the ASTM E1527 standard is to define good commercial and customary practice for conducting a Phase I Environmental Site Assessment, with the goal of identifying RECs at the subject property.
![astm standards phase i astm standards phase i](http://indianacommercialinspections.com/wp-content/uploads/phase-i-environmental-site-assessment-bg.jpg)
Affected parties may continue to perform Phase I ESAs pursuant to the E1527-05 standard, but should become familiar with the revisions contained in E1527-13 as soon as possible. Key differences between the existing E1527-05 standard and the E 1527-13 standard include: (1) the change in the definition of Historical Recognized Environmental Conditions (HRECs) (2) the new concept of Controlled Recognized Environmental Conditions (CRECs) (3) potentially expanded regulatory file reviews (4) the need to address the vapor migration pathway and (5) the need to include the user-required information. Environmental Protection Agency (EPA) as satisfying its All Appropriate Inquiry (AAI) rule by the end of this year. Notably, E1527-13 is expected to be recognized by the U.S. 1 The new ASTM standard includes a number of substantive revisions to the existing E1527-05 standard that will affect how Phase I ESAs are conducted and how Recognized Environmental Conditions (RECs) are described. On November 6, 2013, ASTM International (ASTM) published a new Standard Practice for Phase I Environmental Site Assessments, known as ASTM E1527-13.