Welcome ASTM E1527-21 – New Phase I Guidelines Published
24 January 2022
To print this article, you will need to register or login at Mondaq.com
The ASTM International published a new standard in November 2021
ASTM E1527-21 – How environmental professionals can be governed
Prepare Phase I environmental assessments for real estate
property. The new standard will replace the current ASTM Standard
E1527-13. ASTM must be adhered to by environmental professionals
E1527 requirements to transfer bona fide prospects in Phase I
Protection for a property buyer (BFPP) A Phase I
It may not be able to cover all the ASTM requirements.
Survive a challenge in court. BFPP protection is ultimately successful.
Risk if a Phase I is not in compliance with the ASTM standard.
Potentially high cleanup costs for the innocent
ASTM E1527-21 includes the same basic framework.
ASTM E1527-13 is the current standard for environmental professionals.
Phase I must still contain the components of user
Responsibilities, Records Review, Site Reconnaissance, Interviews,
Conclusions. ASTM E1527-21 restructures some areas.
This can be easily identified using the redline.
ASTM. The Phase I details may have some changes.
Requirements, such as historical research resources, property
Identification, review of the physical setting, historical research
Contiguous properties and the addition emerging contaminants
e.g. PFAS. This article will discuss in greater detail the most
Major change: Revisions to the definition and use of recognized
Phase I is designed to identify conditions that will support the development of Phase II.
RECs. ASTM Standard E1527-21 modifies this definition.
follows. The new 2021 language is highlighted and deleted
Language from ASTM E1527-13 can be used:
ConditionsThe definition of a standard for
Good commercial and customary practice when conducting an The
Environmental site assessment of a parcel.
The practice’s goal is to
IdentifyRecognized environmental conditions. The
termRecognized environmental Conditions
Your presenceThis ishazardous
Products In, on, and atSubject
PropertyDue to aReleaseTo
SubstancesOrPetroleum products in,
On, or atA
TheSubject Property: (Due to
A1Release)Due to anyOr
Theenvironment;(Or2(3))Please see the conditions below.
Of aThe presence ofReleasehazardous
petroleumenvironmentProducts;Or (in, on,
You can also visit the 3Subject
Property) under conditions that pose aMaterial
Two key clarifications were added to the reorganized definition.
First, the definition says that the REC analysis must be focused on
The subject property, not just a
property. The environmental.
Professional’s analysis should not be confined to the
presence of petroleum or hazardous substances at nearby or other
properties. The second is that the new REC definition includes a new
Explanatory note in regard to likely
contamination. Most likely contamination
Although it cannot be proven or confirmed, it can be described as an environment.
Professionals must be able to see that a reasonable observer.
Based on logic and/or experience, what would you expect or believe?
and/or available evidence. The Phase I is therefore closed.
should include the logic behind the likely presence of
It does not have the obligation to prove contamination. This
Clarification is a helpful effort to standardize subjectivity
Identifying a REC. Perhaps this revision will lower the
Number of Phase Is without a historic use-based REC
explanation and are not supported by any aspect of Phase I
ASTM E1527-21 has also changed the designations of controlled substances
Recognized environmental conditions (CRECs), and historical
Recognized environmental conditions (HRECs) Designation of a
CREC versus HREC depends on the level of environmental impact
contamination present. If petroleum or hazardous substances are present
All complaints have been resolved to the satisfaction the regulatory authority
To meet unrestricted usage criteria, a HREC designation can be obtained
appropriate. Properties containing hazardous substances will be removed.
or petroleum products formulated to meet the needs of the
CRECs are the regulatory authority that must be subject to required controls.
CRECs are created when contamination is allowed remain in place.
Clearly indicated by no additional action letters or other documentation
The regulatory authority. ASTM E1527-21 defines the term
property use restriction, which is used in both
Definitions of HREC and CREC to trigger based upon the limitations
or restrictions imposed by the relevant regulatory authority.
The ASTM Standard is not yet officially adopted.
EPA. ASTM anticipates EPA approval by 2022. In the interim,
ASTM E1527-13 is still in effect. Environmental professionals
You may use ASTM E1527-13. Clients may prefer
Phase I was conducted in accordance with both standards.
This article is meant to be a guide.
guide to the subject matter Expert advice should be sought
Learn more about your particular circumstances.
POPULAR ARTICLES FROM THE USA ON ENVIRONMENT
Godfrey & Kahn S.C.
On January 10, 2022, the U.S. Environmental Protection Agency began rulemaking activities to regulate two Per-and Polyfluoroalkyl substances (PFAS) as “hazardous materials “.