ASTM E2091-17

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 remedial action (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 site;

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 exposure of persons or ecological receptors to 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 site where an alternative water supply is available. A restriction may be placed on the use of ground water for any purpose other than monitoring, or a restriction may place requirements for well construction or evaluation of treatment of ground water.

4.2.2 A site is remediated to levels appropriate only for industrial or commercial uses with respect to the direct contact pathway. The use of the property will then be restricted to those land uses, unless further remedial activities are conducted (that is, the site may not be developed for residential use).

4.2.3 Residual chemicals of concern remaining on a site are covered with some type of barrier (e.g., cap, pavement, etc.) The barrier constitutes one type of activity and use limitation. In addition, a restriction may be placed on the deed or lease prohibiting excavation in areas where the chemicals of concern exceed certain risk levels. The restriction may include prohibiting the disturbance of the cap. Monitoring and maintenance of the integrity of the cap or barrier may be a requirement as well.

4.2.4 Operation and maintenance of an ongoing remedial action may be required and may be specified in a restriction. In this case, an easement or property access right may be given to the former owner (as the responsible party) or to his/her agent.

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 Diligence—When 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 corrective action programs that liability releases provided in their “No Further Action” letters (“NFA”) or “Certificates of Completion” (“Certificates”) will be of no effect if any of the conditions in the final letter or certificate are violated. In other words, in these states, the releases from liability may be void or voidable if an activity and use limitation is violated. The 4.5 The user is cautioned that activity and use limitations are not to be used to encourage or condone “secured abandonment”. In general, “secured abandonment” is the practice of physically securing the site and blocking exposure pathways while taking minimal steps to ensure that 4.6 As a general rule, Federal or state governmental authorities have primary responsibility for determining applicable and appropriate remediation standards for 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 corrective action. Activity and use limitations should be considered early in the site assessment and remedial action selection process, and should be considered an integral part of remedial action selection. In the event that an appropriate activity and use limitation cannot be found, the user may need to revisit the initial remedial action selection decision.

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 remedial action process and the types of activity and use limitations that are most commonly available.

1.4 This guide describes the process for evaluating potentially applicable activity and use limitations and using and screening and balancing criteria to select one or more activity and use limitations for a specific site. The guide also describes some “best practices” from a transactional, stakeholder involvement, and long-term stewardship perspective. The guide also emphasizes the importance of considering the need for, and potential applicability of, activity and use limitations EARLY in the remedial action process. This guide can be used to effectively implement risk based corrective action.

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.