ASTM E1528-22

Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process

ASTM International, 05/01/2022

Publisher: ASTM

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Published:01/05/2022

Pages:47

File Size:1 file , 2.8 MB

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1.1''Purpose'''The purpose of this practice is to define a good practice in the United States of America for conducting a transaction screen2 for a subject property 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 E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or ASTM E2247: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property may be used.

1.1.1''This practice will not satisfy the requirement to conduct all appropriate inquiries into the previous ownership and uses of the subject property consistent with '''generally accepted good commercial and customary standards and practices''' as defined in 42 U.S.C. ''9601(35)(B) to qualify for one of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Landowner Liability Protections (LLPs). Users who desire to conduct environmental due diligence to qualify for one of the CERCLA LLPs should conduct assessment activities in conformity with '''Standards and Practices for All Appropriate Inquiries,''' 40 C.F.R. Part 312; ASTM E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or ASTM E2247: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.

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 9.

1.2.1''Potential Environmental Concerns'''The goal of conducting a transaction screen is to identify potential environmental concerns as defined in 3.2.36.

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. In some cases, government agencies permit the use of this practice in connection with their programs but sometimes impose additional requirements going beyond this practice. Users should also be aware that there are likely to be other legal obligations with regard to chemicals of concern discovered on property that are not addressed in this practice and may pose risks of civil or criminal sanctions or both 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 historical handling of chemicals of concern. See Note 1.

1.3.2''Potentially Appropriate Uses'''This practice may be especially appropriate for properties in rural, non-industrial, or undeveloped locations or, subject to the criteria of a lending institution, in connection with a financing of properties that are expected to have few environmental concerns.

Note 1:''In general, a transaction screen assessment is not suitable for purposes of evaluating environmental conditions of a property having activities that use, handle, store, or dispose of large volumes of chemicals, either currently or in the past. Such activities include, but are not limited to, manufacturing, vehicle fueling, dry cleaning, metal plating and finishing, circuit board manufacturing, junkyard, and

ASTM E1528-22

Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process

ASTM D4328-03

ASTM D3018-03

ASTM D2972-03

ASTM D2902-00(2013)e1