Summary of Updates and Revisions to ASTM E2247 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property
                      How E2247-16 Differs from E2247-08
ASTM International Committee E50 recently revised its 2008 version of the Phase I environmental assessment standard for forestland and rural properties and will be issuing a new, or revised standard, specifically ASTM E2247-16, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property." The ASTM E2247-16 standard is similar to the previous standard (ASTM E2247-08) but, among other things, incorporates revisions made to ASTM's E1527 standard practice for Phase I Environmental Site Assessments. Many of the sections revised in ASTM E2247-16 are result of updating the standard to be similar to the ASTM E1527-13 Phase I Environmental Site Assessment (ESA) standard.  
In some cases, the revised ASTM E2247-16 standard was revised by ASTM International Committee E50 to clarify best practices, improved technologies, or provide additional guidance related to the investigation of environmental conditions on large tracts of rural properties and determine whether or not there are recognized environmental conditions at a property or conditions indicative of releases or threatened releases of hazardous substances at a property.
This document presents a summary of the changes ASTM International Committee E50 made to the previous E2247-08 standard.  
ASTM International Committee E50's revisions to E2247-08 "Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland and Rural Property" include the following changes, resulting in the revised standard, E2247-16: 
Definition of "Recognized Environmental Conditions"  -  revised to be the same as the definition in ASTM E1527-13.
The revised definition of REC is the same as the definition in ASTM E1527-13: "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property due to any release to the environment; under conditions indicative of a release to the environment or under conditions that pose a material threat of a future release to the environment.  De minimis conditions are not recognized environmental conditions."
Definition of "aerial photography"  -  updated to reflect availability of modern technology.
Definition of "area(s) of environmental interest"  -  added to clarify scope of the investigation within the standard practice.
Definition of "business environmental risk"  -  added.  No direct impact to the scope of the standard practice.
Definition of "commercial real estate"  -  revised to delete the word "forestry."  
Definition of "controlled recognized environmental condition"  -  added to reflect similar definition in ASTM E1527-13.  This term was added to further clarify that "historical recognized environmental conditions (HRECs) describe conditions where past releases were addressed at a property to the level of allowing for unrestricted residential use.  A "controlled environmental condition" describes the condition where previous releases at properties that underwent risk-based closures were addressed, but contaminants are allowed to remain in place under certain restrictions or conditions.
Definition of "de minimis condition"  -  added to reflect similar definition in ASTM 1527-13.  The revision makes it clear that environmental professionals should not use this term to describe a CREC.  This revision provides the prospective property owner with added assurances that the Phase I will provide necessary and available information on past corrective actions conducted on the property and available information on contamination left in place.  The previous definition of de minimis allowed environmental professionals to dismiss, or not report this information because the definition of "de minimis" merely stated that such conditions are not the "subject of an enforcement action."
Definition of "endangered species"  -  deleted.  The standard practice no longer includes multiple references to the non-scope consideration of the possible presence of Endangered Species on rural or forestland properties This was removed because it has been found that endangered species surveys are not typically conducted in conjunction with a Phase I ESA, as was originally envisioned when 2247 was first drafted. 
Definition of "environment"  -  added.  Clarifies that term is to have same meaning as the definition in CERCLA.
Definition of "forestland"  -  revised to remove the term "forestland" from the definition.
Definition of "historical recognized environmental condition"  -  revised.  Reflects similar definition in ASTM E1527-13. The revised definition clarifies that the scope and application of an HREC is limited to include only past releases that have been addressed to unrestricted residential use.  In addition, the new term "Controlled Recognized Environmental Condition" is defined to include past releases that have been addressed but allow contamination to remain in place.  
Definition of "historically undeveloped forestland"  -  removed.  The removal of the definition does not affect the scope of the standard practice.
Definition of "managed forestland"  -  removed.  The removal of the definition does not affect the scope of the standard practice.
Definition of "migrate / migration"  -  added to reflect similar change to E1527-13. This revision clarifies that releases of contaminants that migrate via vapor in the subsurface or in soils are recognized environmental concerns.  Prospective property owners will have the added assurance that releases that migrate onto a subject property via a vapor pathway will be identified as recognized environmental conditions.
Definition of "release"  -  added to clarify that the term is to have the same meaning as the definition of "release" in CERCLA. This clarification removes confusion that may have been caused by different definitions of "release" in the standard and in the CERCLA statute.
Definition of "rural property"  -  revised to simplify the definition.
Definition of "taking"  -  deleted. This term is no longer used in the standard as related to the endangered species act.
Section 1 "Scope"  -  revised to remove the arbitrary minimum property size restriction of "120 acres or greater" so that the standard can be applied to rural or forestland properties of any size.
Section 1.1.1 "Standard Practice Selection" this new section clarifies when it is appropriate to use E2247 and that any areas of a rural or forestland property that include activities outside the definition of forestland or rural property should be addressed using methodologies such as those provided in E1527-13.
Section 4.3.1 "Election to Commence with this Practice"  -  revised to clarify when the E2247 standard should primarily be used, rather than use the E1527-13 standard.
Section 4.5.3. "Level of Inquiry is Variable"  -  revised to clarify when the E1527-13 standard practice should be applied at certain isolated areas on a property that include activities or uses outside the definition of forestland or rural property.
Section 5.4 "Where AULs Can Be Found"  -  revised to include updated guidance on where Activity and Use Limitations "AULs" are most likely recorded.  Revision made to reflect similar guidance provided in E1527-13. 
Section 6.1 "Scope" of User Responsibilities  -  revised to reflect similar scope of user responsibilities in E1527-13 and to establish that certain information collection requirements are the responsibility of the user (or person requesting the site investigation) rather than the direct responsibility of the environmental professional.  The committee revised the scope of the "User Responsibilities" section (section 6) to clarify which aspects of the site assessment investigation may be the responsibility of the user, or prospective property owner, or the user's chosen representative, and not necessarily the responsibility of the environmental professional.  
Section 6.2 "Review Title and Judicial Records for Environmental Liens and Activity and Use Limitations"  -  revised to include specific guidance related to where environmental liens and AULs may be recorded and found.  Revisions reflect current language in E1527-13.
Section 6.3 "Specialized Knowledge or Experience of the User"  -  revised to reflect similar change to E1527-13 that clarifies that the user is responsible for disclosing his or her specialized knowledge to the environmental professional.
Section 6.5 "Reason for Significantly Lower Purchase Price"  -  revised to reflect similar change to E1527-13 that clarifies that the user is responsible for disclosing information reflected in a lower than market expected price for the property that may be relevant to the investigation to the environmental professional. 
Section 6.6 "Commonly Known or Reasonably Ascertainable Information" - revised to reflect similar change to E1527-13 that clarifies that the user is responsible for communicating commonly known or reasonably ascertainable information about the property, that is material to recognized environmental conditions in connection with the property, to the environmental professional.  
Section 6.7 "Degree of Obviousness"  -  added to clarify that the user has a responsibility to consider information available to the user that may reflect an obvious environmental concern at the property.  The environmental professional has the same obligation. Revision made to reflect similar guidance provided in E1527-13. 
Section 7.5.1 "Environmental Professional's Duties"-  revisions made that require the environmental professional, at a minimum, be involved in identifying areas of environmental interest, planning the site reconnaissance and interview.
Section 8.1.4.1 "Publicly Available"  -  deleted.  Concept is included in section 8.1.4 "Reasonable Ascertainable Standard Sources."
Section 8.1.4.3. "Practically Reviewable" -- deleted.  Concept is included in section 8.1.4 "Reasonable Ascertainable Standard Sources."
Section 8.2.2 "Regulatory Agency File and Records Review"  -  revised to reflect similar requirements in E1527-13.  This additional guidance, and added framework for file and record reviews, clarifies that an environmental professional should make efforts to review and document the validity of information found from searches of agency databases.  The result is expected to be an increase in validity of reports and an increase in the level of confidence that users, or prospective property owners, can place on site assessment results.
Section 8.2.3 "Additional Federal State, Tribal, and Local Environmental Record Sources"  - revised to include additional sources of information relevant to rural properties and large tracts of undeveloped land.
Section 9.2 "Site Visit Preparation"  -  section added to provide additional guidance for how to use the standard guide.
Section 9.3 "Observation"  -  revised to clarify that the visual on-site inspection should include each "area of environmental interest" at the property.  Previously, visual on-site inspection was required only for areas on the property containing structures.
Section 9.3.1 "Property"  -  revised to specify that the property inspection should include an inspection of roads and paths on the property.
Section 9.3.2 "Structures"  -  revised to clarify that the on-site visual inspection should include structures identified as "areas of environmental interest."
Section 9.3.3 "Methodology"  -  revised to clarify that when aerial photography is used as an observation method during the site investigation, any areas of environmental interest should be further evaluated (beyond the aerial photos).
Section 9.3.4. "Limiting Conditions"  -  term replaces previously used term "limitations."  Section revised to clarify that access limitations should be documented in the investigation report.
Section 9.5.1.1 "Current Uses of the Property"  -  section revised to establish that if there are isolated areas located on the property that are used for purposes outside of the definitions of forestland and rural property, then those areas should be investigated using the ASTM E1527-13 standard practice. [Note: Section 9.5.2.1 is similarly revised].
Section 9.5.1.8 "Roads and Corridors" -- revised to include clarification that roads, streets, parking facilities and transportation corridors such as railroads, pipelines, and utility right-of-ways on or adjoining the property shall be described in the report. 

Section 9.5.1.10 "Sewage Disposal System"  -  Section revised that the specific use for such a system and the nature of the associated discharge should be documented in the investigation report.
Section 9.4.2.11 "Best Management Practices"  -  Section is deleted.  The scope of the standard no longer includes the incorporation of Clean Water Act considerations.
Section 9.4.2.12 "Threatened and Endangered Species"  -  Section is deleted.  The scope of the standard no longer includes the incorporation of Endangered Species Act considerations.
Section 9.5.4.6 "Wells"  -  Section revised to provide greater clarification of the definition of wells and the scope of the required inspection of wells present on the property.
Section 10.4 "Timing"  -  Section revised to add recommendation that interviews with current or past owners of the property take place prior to the on-site visual inspection of the property.
Section 12.15 "Recommendations"  -  added to clarify that recommendations are not required to be included in the report.  E1527-13 contains similar language.
ASTM International Committee E50 also updated the information provided in some of the standard's non-binding appendices.  Appendices are non-binding and are provided only for background information.
