ASTM E2091-22

4.1?Activity and use limitations are typically used in conjunction with risk-based decision-making principles in Federal, state, tribal, and local remediation programs, or where residual chemicals of concern remain following an evaluation of risk or following the implementation of a 4.1.1?Eliminate exposure pathways for, or reduce potential 4.1.2?Provide notice to property owners, holders of interests in the property, title companies, utilities, tenants, realtors, lenders, developers, appraisers and others of the presence and location of chemicals of concern that may be present on the 4.1.3?Identify the objectives and goals of each 4.1.4?Identify the exposure assumptions upon which each 4.1.5?Identify the site uses and activities which, if they were to occur in the future, would be appropriate and consistent with maintaining a condition of acceptable risk or no significant risk;

4.1.6?Identify the site uses and activities which should NOT occur in the future (unless further evaluation and remedial action, as appropriate, are undertaken), as those activities and uses may result in the 4.1.7?Specify long-term stewardship objectives, and the entity which has responsibility for developing stewardship programs and paying for achieving those objectives, including any periodic statements or certification(s) of compliance; and

4.1.8?Specify long-term performance standards, such as operation and maintenance obligations, or monitoring of an engineering control, that are necessary to ensure that the objectives and goals of activity and use limitations continue to be met.

4.2?Activity and use limitations should be implemented to eliminate exposure pathways for, or reduce potential 4.2.1?Impacted ground water exists at a 4.2.2?A 4.2.3?Residual chemicals of concern remaining on a 4.2.4?Operation and maintenance of an ongoing 4.2.5?Also, activities interfering with operations and maintenance may be restricted. These restrictions may include limitations on construction or other activities in areas where remediation system controls, extraction wells, monitoring wells, or other ongoing remedial or monitoring systems are located.

4.3?Due DiligenceWhen a property transaction is involved, the prospective purchaser, lender, title company, real estate appraiser and others need to be aware of the possibility that restrictions have been placed on permissible activities and uses of the property. Knowledge of prior land uses is an important indicator of the potential for such restrictions to exist. The user is cautioned that, under Practice E1527 and E2247, it is the user's responsibility to provide information about AULs to the environmental consultant unless the parties have contracted otherwise (see Practice E1527, section 6.2, and E2247, section 6.2). 4.4?At the present time, several states provide in their voluntary 4.5?The 4.6?As a general rule, Federal or state governmental authorities have primary responsibility for determining applicable and appropriate remediation standards for chemicals of concern, and either the Federal, state, tribal, or local government authority may have primary responsibility for inspecting and enforcing any 4.7?The language used in activity and use limitations may be drafted broadly or have very focused statements about the purpose. The language may specify activities to be conducted, including operation and maintenance or a performance standard, or activities that are prohibited, or land uses that are allowed or disallowed. There may be a requirement for notice to various individuals or entities, such as tenants, lenders, utilities, or local government officials. There may also be language describing who enforces the restriction, the conditions under which the restriction may be removed or terminated, and the procedure for removal or termination of the restriction.

1.1?This guide covers information for incorporating activity and use limitations that are protective of human health and the environment into federal, state, tribal or local remediation programs using a risk-based approach to 1.2?This guide does not mandate any one particular type of activity and use limitation but merely serves to help users identify, implement and maintain the types of activity and use limitations that may be appropriate in programs using a risk-based decision-making approach.

1.3?This guide identifies screening and balancing criteria that should be applied in determining whether any particular activity and use limitation may be appropriate. This guide identifies the need to develop long-term monitoring and stewardship plans to ensure the long-term reliability and enforceability of activity and use limitations. This guide explains the purpose of activity and use limitations in the 1.4?This guide describes the process for evaluating potentially applicable 1.5?All references to specific Federal or state programs are current as of the date of publication. The user is cautioned not to rely on this guide alone but to consult directly with the appropriate program.

1.6?The values stated in SI units are to be regarded as standard. No other units of measurement are included in this standard.

1.7?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.

1.8?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.