In June 2024, the U.S. EPA took final action to amend the “Standards and Practices for All Appropriate Inquiries” to reference ASTM International’s E2247-23 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland and Rural Property”, and allow for its use to satisfy the requirements for conducting all appropriate inquiries (AAI) under CERCLA. The rule will become effective on 23 August 2024. In August 2025, the prior ASTM standard for forestland and rural property (ASTM E2247-16) will no longer be recognized by the U.S. EPA as compliant with the AAI Rule.
The ASTM E2247-23 large property standard does not specify the minimum size of the property that requires use of the standard, but leaves the discretion up to the Environmental Professional performing the Phase I assessment, based mainly on the nature, extent, and uses of the property, as well as typical environmental concerns associated with such properties based on professional judgment and experience.
The new ASTM E2247-23 standard for rural or forestland property creates consistency between the recently approved ASTM E1527-21 standard, which is more commonly utilized for Phase I Environmental Site Assessments for more typical-sized commercial properties. ASTM E2247 is intended to be an alternative approach to ASTM E1527 for forestland or rural property when some of the methodologies outlined in ASTM E1527 may be impractical or unnecessary due to the nature and size of the property. ASTM E2247 is intended to provide a more practical approach to assess rural and forestland properties that are generally uniform in use.
The ASTM E2247-23 standard recognizes that the research and site reconnaissance process for forestland and rural properties differs from a typical assessment of commercial real estate. Specifically, the E2247-23 standard specifies that site reconnaissance activities should be performed following the completion of historical research, e.g., review of aerial photographs and maps, and interviews with key site persons, so that any areas of environmental interest identified during the initial research can be accessed and observed directly as part of the site reconnaissance. This process allows for focus on areas of identified potential concern (such as areas of potential debris disposal, livestock management, or crop production areas viewed on historical aerial photographs) and the most likely areas of opportunistic debris dumping (typically along roadways and paths), rather than spending significant time and effort traversing large areas of the property that may never have been subjected to human or other use activity. The ASTM E2247-23 standard allows for integrated application of the more common E1527 standard methodologies in the more intensely used areas of forestland or rural properties, such as farmsteads that may have included equipment fueling and maintenance areas or pesticide mixing, storage, and application areas.
EKI has applied the ASTM E2247 standard to Phase I assessments for large, predominantly open space properties considered for acquisition by non-profit land trusts, large agricultural tracts contemplated for redevelopment, as well as rural properties considered for data center and solar farm development.
Contact: Paul Hoffey or Donna Kask for support with Environmental Due Diligence.
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