ASTM E2790-11
Standard Guide for Identifying and Complying With Continuing Obligations
- Standard No.
- ASTM E2790-11
- Release Date
- 2011
- Published By
- American Society for Testing and Materials (ASTM)
- Status
- Replace By
- ASTM E2790-20
- Latest
- ASTM E2790-20
- Scope
Uses8212;This guide is intended for use on a voluntary basis primarily by parties who desire to satisfy continuing obligations at commercial real estate or at forestland or rural properties. As such, this guide provides information and suggested procedures that could be useful to persons who wish to assert a defense to CERCLA liability and to establish one of the LLPs. This guide may apply where response actions have already occurred, where response actions remain ongoing, or where response actions may be necessary in the future. As noted in 1.1.6, however, the use of this guide need not be necessarily limited to CERCLA LLPs.
Clarifications on Use:
Use is Property-Specific8212;Continuing obligations, and the process to identify and implement continuing obligations, is necessarily property-specific. Therefore, this guide includes information to consider when performing a property-specific, fact-based evaluation to determine appropriate continuing obligations.
Partially Addresses Eligibility for CERCLA LLPs8212;Users wishing to establish CERCLA LLPs should be aware that the continuing obligations covered by this guide comprise only part of CERCLA''s statutory eligibility requirements for LLPs. For example, users seeking to qualify for LLPs must perform AAI before property acquisition. Users seeking the BFPP or CPO LLP must also demonstrate that they are not liable or potentially liable or affiliated with any person who is liable or potentially liable for releases of hazardous substances under CERCLA. 42 U.S.C. §9607(q)(1)(A)(ii); 42 U.S.C. §9601(40)(H). Further, users seeking the BFPP LLP must establish that disposal of hazardous substances occurred on the property prior to its acquisition. 42 U.S.C. §9601(40)(A). Users seeking the CPO LLP must establish that they did not cause, contribute or consent to the release of hazardous substances. 42 U.S.C. §9607(a)(A)(i). Finally, users seeking to qualify for the ILO LLP must establish that a third party was the sole cause of the release of hazardous substances and that they held no employment, agency, or contractual relationship with the third party, among other requirements. In addition, users asserting the ILO defense must also establish that they had no knowledge (or reason to know) of any such releases. 42 U.S.C. §
ASTM E2790-11 Referenced Document
- ASTM E1527 Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process
- ASTM E1689 Standard Guide for Developing Conceptual Site Models for Contaminated Sites
- ASTM E1903 Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process
- ASTM E2081 Standard Guide for Risk-Based Corrective Action
- ASTM E2091 Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
- ASTM E2205 Standard Guide for Risk-Based Corrective Action for Protection of Ecological Resources
- ASTM E2247 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property
- ASTM E2435 Standard Guide for Application of Engineering Controls to Facilitate Use or Redevelopment of Chemical-Affected Properties
ASTM E2790-11 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
