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ASTM E1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process

Developed by Subcommittee: E50.02
Adoptions: Book of Standards Volume: 11.05

1. Scope

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 environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601) 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 inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined at 42 U.S.C. 9601(35)(B). (See 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 associated with a parcel of commercial real estate may necessitate investigation beyond that identified in this practice (see Sections 1.3 and 13).

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 recognized environmental conditions. 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. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. 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. Conditions determined to be de minimis are not recognized environmental conditions.

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 X1.7 for discussion of petroleum exclusion to CERCLA liability.)

1.1.3 CERCLA Requirements Other Than Appropriate Inquiry

This practice does not address whether requirements in addition to all appropriate inquiry have been met in order to qualify for the LLPs (for example, the duties specified in 42 U.S.C. 9607(b)(3)(a) and (b) and cited in Appendix X1, including the continuing obligation not to impede the integrity and effectiveness of activity and use limitations (AULs), or the duty to take reasonable steps to prevent releases, or the duty to comply with legally required release reporting obligations).

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 inquiry 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. Users should also be aware that there are likely to be other legal obligations with regard to hazardous substances or petroleum products discovered on the property that are not addressed in this practice and that may pose risks of civil and/or criminal sanctions for non-compliance.

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 8.1.8 and 12.2).

1.2 Objectives

Objectives guiding the development of this practice are (1) to synthesize and put in writing good commercial and customary practice for environmental site assessments for commercial real estate, (2) to facilitate high quality, standardized environmental site assessments, (3) to ensure that the standard of all appropriate inquiry is practical and reasonable, and (4) to clarify an industry standard for all appropriate inquiry in an effort to guide legal interpretation of the LLPs.

1.3 Considerations Beyond Scope

The use of this practice is strictly limited to the scope set forth in this section. 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. 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.

1.4 Organization of This Practice

This practice has thirteen sections and four appendixes. Section 1 is the Scope. Section 3 is Referenced Documents. Section , Terminology, has definitions of terms not unique to this practice, descriptions of terms unique to this practice, and acronyms. Section is Significance and Use of this practice. Section provides discussion regarding activity and use limitations. Section describes User's Responsibilities. Sections are the main body of the Phase I Environmental Site Assessment, including evaluation and report preparation. Section provides additional information regarding non-scope considerations (see ). The appendixes are included for information and are not part of the procedures prescribed in this practice. explains the liability and defense provisions of CERCLA that will assist the user in understanding the user's responsibilities under CERCLA; it also contains other important information regarding CERCLA, the Brownfields Amendments, and this practice. provides the definition of the environmental professional responsible for the Phase I Environmental Site Assessment, as required in the "All Appropriate Inquiry" Final Rule (40 C.F.R. Part 312). provides an optional User Questionnaire to assist the user and the environmental professional in gathering information from the user that may be material to identifying recognized environmental conditions. provides a recommended table of contents and report format for a Phase I Environmental Site Assessment.
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.

1.5 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

E1528 Guide for Environmental Site Assessments: Transaction Screen Process
E2091 Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
"All Appropriate Inquiry" Final Rule, 40 C.F.R. Part 312
Chapter 1 EPA, Subchapter J-Superfund, Emergency Planning, and Community Right-To-Know Programs, 40 C.F.R Parts 300-399
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA" or "Superfund"), as amended by Superfund Amendments and Reauthorization Act of 1986 ("SARA") and Small Business Liability Relief and Brownfields Revitalization Act of 2002 ("Brownfields Amendments"), 42 U.S.C. 9601 .
Emergency Planning and Community Right-To-Know Act of 1986 ("EPCRA"), 42 U.S.C. 11001 .
Freedom of Information Act, 5 U.S.C. 552, as amended by Public Law No. 104-231, 110 Stat. 3048
National Oil and Hazardous Substances Pollution Contingency Plan, 40 C.F.R. Part 300
OSHA Hazard Communication Regulation, 29 C.F.R. 1910.1200
Resource Conservation and Recovery Act (sometimes also referred to as the Solid Waste Disposal Act), as amended ("RCRA"), 42 U.S.C 6901 .

ASTM E1528-06 Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process

Developed by Subcommittee: E50.02
Adoptions:  Book of Standards Volume: 11.05

1. Scope

1.1 Purpose

The purpose of this practice is to define good commercial and customary practice in the United States of America for conducting a transaction screen for a parcel of commercial real estate where the user wishes to conduct limited environmental due diligence (that is, less than a Phase I Environmental Site Assessment). If the driving force behind the environmental due diligence is a desire to qualify for one of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Landowner Liability Protections (LLPs), this practice should not be applied. Instead, the ASTM Practice E 1527 for Environmental Site Assessments: Phase I Environmental Site Assessment Process, may be used.

Note 1

The user is advised that this practice will not satisfy the practices that constitute all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial or customary practice as defined in 42 U.S.C. 9601(35)(B) to establish the CERCLA LLPs.

1.2 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 1.4 and 11.

1.2.1 Potential Environmental Concerns

In defining a standard of good commercial and customary practice for conducting a transaction screen of a parcel of property, the goal of the processes established by this practice is to identify potential environmental concerns, as defined in 3.2.34.

1.2.2 Other Federal, State, and Local Environmental Laws

This practice does not address requirements of any state or local laws or of any federal laws. Users are cautioned that federal, state, and local laws may impose environmental assessment obligations that are beyond the scope of this practice. Users should also be aware that there are likely to be other legal obligations with regard to hazardous substances or petroleum products discovered on property that are not addressed in this practice and may pose risks of civil and/or criminal sanctions for non-compliance.

1.3 Objective

The objective guiding the development of this practice is to facilitate standardized transaction screens.

1.3.1 Note of Caution

The user should be cautious in applying this practice to properties with known current or historic handling of hazardous substances or petroleum products.

1.4 Considerations Beyond the Scope

The use of this practice is strictly limited to the scope set forth in this section. Section 11 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 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 as additional services beyond the scope of this practice prior to initiation of the Transaction Screen Process.

1.5 Organization of This Practice

This practice has several parts and one appendix. Section is the Scope. Section refers to other ASTM standards in the Referenced Documents. Section , Terminology, has definitions of terms not unique to this practice, descriptions of terms unique to this practice, and acronyms. Section is Significance and Use of this practice. Section is the Introduction to the Transaction Screen Questionnaire. Section sets forth the Transaction Screen Questionnaire itself. Sections contain the Guide to the Transaction Screen Questionnaire and its various parts. Section provides additional information regarding non-scope considerations. See 1.4.
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.

2. Referenced Documents

E1527 Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA" or "Superfund"), as amended by Superfund Amendments and Reauthorization Act of 1986 ("SARA") and Small Business Liability Relief and Brownfields Revitalization Act of 2002 ("Brownfields Amendments"), 42 U.S.C. 9601 .
Emergency Planning and Community Right-To-Know Act of 1986 ("EPCRA"), 42 U.S.C. 11001 .
Freedom of Information Act, 5 U.S.C. 552, as amended by Public Law No. 104-231, 110 Stat. 3048
Resource Conservation and Recovery Act (sometimes also referred to as the Solid Waste Disposal Act), as amended ("RCRA"), 42 U.S.C 6901 .
ACTIVE STANDARD: ASTM E2018-01 Standard Guide for Property CONDITION ASSESSMENTS: Baseline Property CONDITION ASSESSMENT Process

Developed by Subcommittee: E50.02
See Related Work by this Subcommittee
Adoptions: Book of Standards Volume: 11.05

1. Scope

1.1 Purpose

The purpose of this guide is to define good commercial and customary practice in the United States of America for conducting a baseline property CONDITION ASSESSMENT (PCA) of the improvements located on a parcel of commercial real estate by performing a walk-through survey and conducting research as outlined within this guide.

1.1.1 Physical Deficiencies

In defining good commercial and customary practice for conducting a baseline PCA, the goal is to identify and communicate physical deficiencies to a user. The term physical deficiencies means the presence of conspicuous defects or material deferred maintenance of a subject property's material systems, components, or equipment as observed during the field observer's walk-through survey. This definition specifically excludes deficiencies that may be remedied with routine maintenance, miscellaneous minor repairs, normal operating maintenance, etc., and excludes de minimis CONDITIONS that generally do not present material physical deficiencies of the subject property.

1.1.2 Walk-Through Survey

This guide outlines procedures for conducting a walk-through survey to identify the subject property's material physical deficiencies, and recommends various systems, components, and equipment that should be observed by the field observer and reported in the property CONDITION report (PCR).

1.1.3 Document Reviews and Interviews

The scope of this guide includes document reviews, research, and interviews to augment the walk-through survey so as to assist the consultant's understanding of the subject property and identification of physical deficiencies.

1.1.4 Property CONDITION Report

The work product resulting from completing a PCA in accordance with this guide is a PCR. The PCR incorporates the information obtained during the Walk-Through Survey, the Document Review and Interviews sections of this guide, and includes opinions of probable costs for suggested remedies of the physical deficiencies identified.

1.2 Objectives

Objectives in the development of this guide are: (1) define good commercial and customary practice for the PCA of primary commercial real estate improvements; (2) facilitate consistent and pertinent content in PCRs; (3) develop practical and reasonable recommendations and expectations for site observations, document reviews and research associated with conducting PCAs and preparing PCRs; (4) establish reasonable expectations for PCRs; (5) assist in developing an industry baseline standard of care for appropriate observations and research; and (6) recommend protocols for consultants for communicating observations, opinions, and recommendations in a manner meaningful to the user.

1.3 Considerations Beyond Scope

The use of this guide is strictly limited to the scope set forth in this section. Section and of this guide identify, for informational purposes, certain physical CONDITIONS that may exist on the subject property, and certain activities or procedures (not an all inclusive list) that are beyond the scope of this guide but may warrant consideration by parties to a commercial real estate transaction.

1.4 Organization of This Guide

This guide consists of several sections, an Annex and two Appendixes. Section 1 is the Scope. Section 2 on Terminology contains definitions of terms both unique to this guide and not unique to this guide, and acronyms. Section 3 sets out the Significance and Use of this guide, and Section 4 describes the User's Responsibilities. Sections 5 through 10 provide guidelines for the main body of the PCA, including the scope of the Walk-Through Survey, preparation of the Opinions of Probable Costs to Remedy Physical Deficiencies, and preparation of the PCR. Section 11 provides additional information regarding out of scope considerations (see 1.3). Annex A1 provides requirements relating to specific asset types, and where applicable, such requirements are to be considered as if integral to this guide. Appendix X1 provides the user with additional PCA scope considerations, whereby a user may increase this guide's baseline scope of due diligence to be exercised by the consultant. Appendix X2 outlines the ADA Accessibility Survey.

1.5 Multiple Buildings

Should the subject property consist of multiple buildings, it is the intent of this guide that only a single PCR be produced by the consultant to report on all of the buildings on the subject property.

1.6 Safety Concerns

This guide does not purport to address all of the safety concerns, if any, associated with the walk-through survey. It is the responsibility of the consultant using this guide to establish appropriate safety and health practices when conducting a PCA.
Fusion Services adheres to the American Society of Testing and Materials (ASTM) standards for assessment of commercial properties.

Phase I, Environmental Site Assessment
Limited Due Diligence Assessment  (Transaction Screening)
Building Condition Assessment
Location of Wet Insulation in Roofing Systems Using Infrared Imaging
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ASTM C1153 - 97(2003)e1 Standard Practice for Location of Wet Insulation in Roofing Systems Using Infrared Imaging

Significance and Use

This practice should be used to outline the minimum necessary elements and conditions to obtain an accurate determination of the location of wet insulation in roofing systems using infrared imaging.
This practice is not meant to be an instructional document or to provide all the knowledge and background necessary to provide an accurate analysis. For further information, see ANSI-ASHRAE Standard 101 and ISO/DP 6781.3E.
This practice does not provide methods to determine the cause of moisture or its point of entry. It does not address the suitability of any particular system to function capably as waterproofing.

1. Scope

1.1 This practice applies to techniques that employ infrared imaging at night to determine the location of wet insulation in roofing systems that have insulation above the deck in contact with the waterproofing. This practice includes ground-based and aerial inspections. (Warning—Caution should be taken in handling any cryogenic liquids and pressurized gases required for use in this practice.) (Warning—Extreme caution should be taken when accessing or walking on roof surfaces and when operating aircraft at low altitudes, especially at night.) (It is a good safety practice for at least two people to be present on the roof surface at all times when ground-based inspections are being conducted.)

1.2 This practice addresses criteria for infrared equipment such as minimum resolvable temperature difference, spectral range, instantaneous field of view, and field of view.

1.3 This practice addresses meteorological conditions under which infrared inspections should be performed.

1.4 This practice addresses the effect of roof construction, material differences, and roof conditions on infrared inspections.

1.5 This practice addresses operating procedures, operator qualifications, and operating practices.

1.6 This practice also addresses verification of infrared data using invasive test methods.

1.7 The values stated in SI units are to be regarded as standard.

1.8 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. Specific precautionary statements are given in 1.1.

2. Referenced Documents

C168 Terminology Relating to Thermal Insulation
D1079 Terminology Relating to Roofing, Waterproofing, and Bituminous Materials
E1149 Definitions of Terms Relating to NDT by Infrared Thermography
E1213 Test Method for Minimum Resolvable Temperature Difference for Thermal Imaging Systems
ANSI-ASHRAE Standard101-Application of Infrared Sensing Devices to the Assessment of Building Heat Loss Characteristics
ISO/DP 6781.3E-Thermal Insulation-Qualitative Detection of Thermal Irregularities in Building Envelopes-Infrared Method
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