ASTM E2790-20
Standard Guide for Identifying and Complying With Continuing Obligations

Standard No.

ASTM E2790-20

Release Date

2020

Published By

American Society for Testing and Materials (ASTM)

Latest

ASTM E2790-20

Scope

1.1 Purpose—The purpose of this guide is to provide information and guidance2 related to the process of identifying and fulfilling continuing obligations3 at commercial real estate, and forestland and rural property that is contaminated by hazardous substances within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 9601 et seq.), petroleum products, or other contaminants that require cleanup under federal or state law (collectively hereafter chemicals of concern). Because of the importance of federal law, this guide largely focuses on continuing obligations applicable to the innocent landowner (ILO), the contiguous property owner (CPO), and the bona fide prospective purchaser (BFPP) protections from CERCLA liability (hereinafter, collectively referred to as the “CERCLA Landowner Liability Protections,” or “CERCLA LLPs”) (see Legal Appendix X1 to Appendix X3 for an outline of CERCLA’s liability and defense provisions). However, the continuing obligations arising from CERCLA LLPs are often very similar to the types of continuing obligations that state laws set as conditions for state liability protections. And, therefore, the purpose of this guide seeks to help users who wish to perform continuing obligations because of concerns over CERCLA liability and also extends to help users who wish to perform continuing obligations because of concerns over state law liability. Similarly, where sound risk management rather than a desire for liability protection is the goal, the procedures recommended in this guide can also prove useful 1.2 Objectives—This guide establishes the following objectives: (1) provide information and guidance related to procedures to identify and comply with continuing obligations on commercial real estate or on forest or rural land; and (2) formulate and clarify suggested industry methods and procedures for identifying and satisfying continuing obligations that are practical, efficient and reasonable. 1.3 Organization of this Guide—This guide has nine sections and eight appendices. Fig. 1 provides a representation of this guide as a flowchart, and represents decision points for the user as the guidance is applied: Section 1 is the Scope. Section 2 lists Referenced Documents. Section 3, Terminology, contains definitions of terms used in this guide, definitions of terms unique to this guide and acronyms. Section 4 discusses the Significance and Use of this guide. Section 5 discusses Step 1, a screening process relying on the Phase I to help determine whether continuing obligations apply to the property. Section 6 discusses Step 2, a process for evaluating the environmental conditions and AULs that may affect the property in advance of planning for continuing obligations. Section 7 discusses Step 3, providing guidance for a process to select continuing obligations to be performed under sitespecific circumstances. Section 8 discusses Step 4, providing guidance for a process to select and schedule monitoring requirements for continuing obligations. Section 9 offers guidance on documentation for (1) statements of no continuing obligations on a property, (2) a continuing obligations plan, and (3) reporting the periodic monitoring of continuing obligation. The Appendices provide additional information: Appendix X1 (the Legal Appendix) describes liability and defenses to liability under CERCLA, as amended by the Brownfields Amendments, while also providing important discussion on continuing obligations. Appendix X2 provides a recommended table of contents and report format for a statement of no continuing obligations. Appendix X3 provides a representative form for a statement of no continuing obligations. Appendix X4 provides a recommended table of contents and report format for a continuing obligations plan. Appendix X5 provides a recommended table of contents and report format for a continuing obligations monitoring and evaluation report. Appendix X6 provides a representative form for continuing obligations field investigation, for a simple site. Appendix X7 provides a representative form for continuing obligations field investigation, for a more complex site. Appendix X8 develops five scenarios to assist in the application of this guide. 1.4 This guide offers guidance on performing one or more specific tasks and should be supplemented by education, experience and professional judgment. Not all aspects of this guide may be applicable in all circumstances. This guide does not necessarily represent the standard of care by which the adequacy of a given professional service must be judged, nor should this document be applied without consideration of a property’s unique aspects. The word “standard” in the title means only that the document has been approved through the ASTM consensus process. 1.5 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety, health, and environmental practices and determine the applicability of regulatory limitations prior to use. 1.6 This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.

ASTM E2790-20 Referenced Document

• ASTM E1527 Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process
• ASTM E1903 Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process
• ASTM E2081 Standard Guide for Risk-Based Corrective Action*， 2022-04-01 Update
• ASTM E2091 Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls*， 2022-09-01 Update
• ASTM E2205 Standard Guide for Risk-Based Corrective Action for Protection of Ecological Resources*， 2024-04-20 Update
• ASTM E2247 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property*， 2023-11-01 Update

ASTM E2790-20 history

• 2020 ASTM E2790-20 Standard Guide for Identifying and Complying With Continuing Obligations
• 2011 ASTM E2790-11 Standard Guide for Identifying and Complying With Continuing Obligations