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ASTM E2247-23

Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property

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ASTM E2247-23

Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property

PUBLISH DATE 2023

PAGES 60

ASTM E2247-23

Document Information

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).

A primary consideration in applying this practice instead of E1527 is the nature and extent of the property being assessed, as the typical environmental concerns, sources for interviews and records, and the methodology used to perform the site reconnaissance may differ significantly. The property to be assessed using this standard practice need not be contiguous and may contain isolated areas of non-forestland and non-rural property. Site reconnaissance of isolated areas of the property that include activities outside the definition of forestland or rural property should be addressed using methodologies such as those provided in E1527, which may be conducted and reported in conjunction with this practice, as discussed in 4.5.3.

(1) the presence of hazardous substances or petroleum products in, on, or at the subject property due to any release to the environment;
(2) the likely presence of hazardous substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or
(3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment.

A de minimis condition is not a recognized environmental condition.

1.1.3 Related Standard Practices— This practice is closely related to Standard Practice E1527. Standard Practice E1527 is an environmental site assessment for commercial real estate (see 4.3).

1.1.4 Petroleum Products— Petroleum products are included within the scope of this practice because they are of concern with respect to many parcels of forestland or rural property and current custom and usage is to include an inquiry into the presence of petroleum products when conducting an environmental site assessment of forestland or rural property. Inclusion of petroleum products within the scope of this practice is not based upon the applicability, if any, of CERCLA to petroleum products.

1.1.5 CERCLA Requirements Other Than Appropriate Inquiries— This practice does not address whether requirements in addition to all appropriate inquiries 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).

1.1.6 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 Inquiries 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 in, on, or at the subject property that are not addressed in this practice and that may pose risks of civil and/or criminal sanctions for non-compliance.³

1.1.7 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 8.1.9 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 practices for environmental site assessments for forestland or rural property; (2) to facilitate high quality, standardized environmental site assessments; (3) to provide a practical and reasonable standard practice for all

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 methodologies of ASTM E1527 are deemed to be impractical or unnecessary due to the size or nature of the property. This practice is intended to provide a more practical approach to assess rural and forestland properties that are generally uniform in use. A primary consideration in applying this practice instead of E1527 is the nature and extent of the property being assessed, as the typical environmental concerns, sources for interviews and records, and the methodology used to perform the site reconnaissance may differ significantly. The property to be assessed using this standard practice need not be contiguous and may contain isolated areas of non-forestland and non-rural property. Site reconnaissance of isolated areas of the property that include activities outside the definition of forestland or rural property should be addressed using methodologies such as those provided in E1527, which may be conducted and reported in conjunction with this practice, as discussed in 4.5.3.

1.1.2 Recognized Environmental Conditions— The goal of the processes established by this practice is to identify recognized environmental conditions. The term recognized environmental condition means (1) the presence of hazardous substances or petroleum products in, on, or at the subject property due to any release to the environment; (2) the likely presence of hazardous substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment. A de minimis condition is not a recognized environmental condition.

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 that it relates to the assessment of environmental conditions for a subject property comprising forestland or rural property. Consequently, this practice does not address many additional issues raised in transactions such as purchases of business entities or interests therein, or of their assets, that may well involve environmental liabilities pertaining to properties previously owned or operated or other off-site environmental liabilities.

4.3 Related Standard Practice— This practice sets forth one procedure for an environmental site assessment known as a “Phase I Environmental Site Assessment for Forestland or Rural Property,” “Phase I Environmental Site Assessment,” a “Phase I ESA,” or simply a “Phase I.” This practice is separate from and is applicable to different types of property than Practice E1527 as further described in 4.3.1. These practices are each intended to meet the standard of all appropriate inquiries necessary to qualify for the LLPs. It is essential to consider that these practices, taken together, provide for two alternative practices of all appropriate inquiries for forestland or rural property.

4.3.1 Election to Commence with This Practice— The user may commence inquiry to identify recognized environmental conditions in connection with a subject property by performing this practice when conditions identified in 1.1 are met. A primary consideration in applying this practice instead of E1527 is the nature and extent of the subject property being assessed, as the typical environmental concerns, sources for interviews and records, and the methodology used to perform the site reconnaissance may differ significantly. The subject property need not be contiguous and may contain isolated areas of non-forestland and non-rural property. This practice is intended to provide a more practical approach to assess rural property and forestland properties that are generally uniform in use.
4.3.2 Who May Conduct— Whenever a Phase I Environmental Site Assessment is conducted, it must be conducted by an environmental professional, as defined in Appendix X2 (and 40 C.F.R. 312.10(b)), to the extent specified in 7.5.1. Further, at the Phase I Environmental Site Assessment level, no practical standard can be designed to eliminate the role of judgment and the value and need for experience in the party performing the inquiry. The professional judgment of an environmental professional is, consequently, vital to conducting all appropriate inquiries at the Phase I Environmental Site Assessment level.

4.4 Additional Services— As set forth in 12.10, additional services may be contracted for between the user and the environmental professional. Such additional services may include BER issues not included within the scope of this practice, examples of which are identified in Section 13 under Non-Scope Considerations.

4.5 Principles— The following principles are an integral part of this practice and are intended to be referred to in resolving any ambiguity or exercising such discretion as is accorded the user or environmental professional in conducting an environmental site assessment or in judging whether a user or environmental professional has conducted all appropriate inquiry or has otherwise conducted an adequate environmental site assessment.

4.5.1 Uncertainty Not Eliminated— No environmental site assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a subject property. Performance of this practice is intended to reduce, but not eliminate, uncertainty regarding the potential for recognized environmental conditions in connection with a subject property, and this practice recognizes reasonable limits of time and cost.
4.5.2 Not Exhaustive— All appropriate inquiries does not mean an exhaustive assessment of a property. There is a point at which the cost of information obtained or the time required to gather it outweighs the usefulness of the information and, in fact, may be a material detriment to the orderly completion of transactions. One of the purposes of this practice is to identify a balance between the competing goals of limiting the costs and time demands inherent in conducting an environmental site assessment and the reduction of uncertainty about unknown conditions resulting from additional information.
4.5.3 Level of Inquiry Is Variable— Not every property will warrant the same level of assessment. Consistent with good commercial or customary standards and practices as defined at 42 U.S.C. § 9601(35)(B), the appropriate level of environmental site assessment will be guided by the type of property subject to assessment, the expertise and risk tolerance of the user, future intended uses of the subject property disclosed to the environmental professional, and the information developed in the course of the inquiry. This practice is no less stringent than Practice E1527; however, the means by which this practice intends to satisfy that level of all appropriate inquiries within reasonable time and cost constraints are different than under Practice


SDO	ASTM: ASTM International
Document Number	E2247
Publication Date	Nov. 1, 2023
Language	en - English
Page Count	60
Revision Level	23
Supercedes
Committee	E50.02

Version 1 - 2026-06-22

These Terms and Conditions (the “Terms”) consist of four parts that together form a single, integrated agreement governing access to the Nimonik Online Store and the purchase and use of Products from Nimonik:

Part A — Terms and Conditions of Sale, which governs the purchase of the Product;

Part B — End Customer Licence Agreement, which governs the use of the Product;

Part C — Use of the Website and Account, which governs use of the Nimonik Online Store and applies to all users, whether or not a purchase is made; and

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By placing an order for, or accessing, downloading, printing, installing, or otherwise using, a Product or the Nimonik Online Store, you accept and agree to be bound by these Terms.

Definitions

The following definitions apply throughout this document, including Part A and Part B:

”Nimonik” means Document Center Inc., a California corporation, with its registered office at 401 Roland Way, Ste#224, Oakland, CA, 94621, United States.

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”Licensee” or “you” means the purchaser or end-user of the Product.

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training, fine-tuning, or evaluating language models, machine-learning systems, generative AI models, or similar models or systems;
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structured extraction, text and data mining, harvesting, or processing of the text, structure, logic, metadata, or other elements of the Product for model training, dataset creation, benchmarking, or automated knowledge extraction; or
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(c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF NIMONIK AND THE OWNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY PRODUCT SHALL NOT EXCEED THE LICENCE FEE PAID BY THE LICENSEE FOR THE PRODUCT GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DAMAGE CAUSED BY GROSS NEGLIGENCE OR INTENT.

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This licence is granted only for the edition of the Product confirmed in Nimonik’s order confirmation and does not grant any rights to revisions or new editions of the Product. This Agreement may be terminated immediately by the Owner or Nimonik upon breach of any provision by you. Upon any expiration or termination of this Agreement, you shall immediately discontinue all use of the Product and shall, within ten (10) days, either return any hard-copy Product to Nimonik or certify in writing to Nimonik that all electronic copies of the Product (including any printed copy and any backup copy) have been permanently deleted from your devices and eliminated from your premises. Provisions that by their nature are intended to survive termination shall so survive.

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You may not load, export, or re-export any of the Product, or any underlying information or technology, except in full compliance with all United States and other applicable laws and regulations.

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C) Use of the Website and Account

This section applies to everyone who accesses or uses the Nimonik Online Store, whether or not a purchase is made. In this section, “you” means any such user.

Account. You must provide accurate and complete information when registering for an account and keep it up to date. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Accounts are personal to a single user and may not be shared. You must notify Nimonik promptly of any unauthorized use of your account. Nimonik may suspend or terminate an account at any time for breach of these Terms or suspected misuse.

Acceptable Use. You shall not use the Nimonik Online Store in any unlawful manner; attempt to gain unauthorized access to, interfere with, or disrupt the Nimonik Online Store or its underlying systems; introduce any malware or other harmful code; or use any robot, spider, scraper, or other automated means to access, harvest, index, or copy the Nimonik Online Store or its catalogue, except for standard search-engine indexing. You shall not resell, or provide commercial access to, the Nimonik Online Store. You shall not circumvent, disable, or interfere with any security, access control, or digital rights management (DRM) or other technical protection measure applied to the Nimonik Online Store or any Product.

Website Intellectual Property. The Nimonik Online Store, including its design, layout, text, graphics, logos, and trademarks is owned by Nimonik or its licensors and is protected by applicable laws. Accessing the Nimonik Online Store grants you no rights in it other than the limited right to access and use it to browse and purchase Products. Use of the Products themselves is governed by Part B.

Website Availability. The Nimonik Online Store is provided on an “as is” and “as available” basis. Nimonik does not warrant that it will be uninterrupted, error-free, or secure, and may modify, suspend, or discontinue all or part of it at any time without notice. The disclaimers and limitations of liability in Part A, Section 7 apply equally to your access to and use of the Nimonik Online Store.

D) General Terms

This Part D applies to Parts A, B, and C and to all access to and use of the Nimonik Online Store and the Products.

Governing Law and Dispute Resolution. These Terms are governed exclusively by the laws of the State of California, United States, without reference to its conflict of laws principles and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the exclusive jurisdiction of the state and federal courts located in California, United States. In any action to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

Changes to these Terms. Nimonik may amend or update these Terms at any time by posting the revised Terms in the Nimonik Online Store. The version of these Terms in effect at the time an order is placed governs that order, and the version in effect at the time the Nimonik Online Store is used governs that use. Continued use of the Nimonik Online Store or any Product following any change constitutes acceptance of the revised Terms.

Order of Precedence. Parts A, B, and C are to be read together as a single agreement. In the event of any inconsistency concerning the use of a Product, Part B prevails; in the event of any inconsistency concerning use of the Nimonik Online Store, Part C prevails.

Customer Terms Excluded. Any terms and conditions proposed by the Licensee, whether referenced in an order or contained in any other document, are expressly excluded and shall have no effect.

No Trademark Rights. Nothing in these Terms grants the Licensee any right to use Nimonik’s or the Owner’s trademarks, logos, or other brand identifiers. Any such use requires separate written authorization, and any unauthorized use constitutes a breach of these Terms.

Electronic Communications. By using the Nimonik Online Store or placing an order, the Licensee consents to receive communications from Nimonik electronically, including invoices, notices, and other records, and agrees that such electronic communications satisfy any legal requirement that a communication be in writing.

Force Majeure. Nimonik shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, carrier delays, failures of telecommunications or internet services, governmental action, or other events of force majeure.

Assignment. The Licensee may not assign or transfer these Terms, or any rights or obligations under them, without Nimonik’s prior written consent. Nimonik may freely assign these Terms. These Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns.

Waiver. No failure or delay by Nimonik in exercising any right under these Terms shall operate as a waiver of that right, and no single or partial exercise of any right shall preclude any further exercise of that or any other right.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, it shall be limited or reformed only to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

Entire Agreement. These Terms (Parts A, B, C, and D), together with the applicable order confirmation, constitute the entire agreement between Nimonik and the Licensee with respect to the Nimonik Online Store and the Products, and supersede all prior or contemporaneous understandings or agreements, whether written or oral. Headings are for convenience only and do not affect interpretation.

ASTM E2247-23

Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property

ASTM E2247-23

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