ASTM_E_2091_-_11.pdf

Designation:E209111Standard Guide forUse of Activity and Use Limitations,Including Institutionaland Engineering Controls1This standard is issued under the fixed designation E2091;the number immediately following the designation indicates the year oforiginal adoption or,in the case of revision,the year of last revision.A number in parentheses indicates the year of last reapproval.Asuperscript epsilon()indicates an editorial change since the last revision or reapproval.INTRODUCTIONValuable property,which is,or is perceived to be,environmentally impacted,remains idlethroughout the fifty states because fears of liability and corrective action costs deter potentialdevelopers,purchasers,and lenders.In response,many states have adopted voluntary corrective actionor brownfields programs that utilize risk-based corrective action principles.One element of theseprograms may be activity and use limitations to achieve either an“acceptable risk”or a“no significantrisk”level.For example,an owner/operator who volunteers to remediate a site to meet an industrialor commercial use standard may do so in exchange for a restrictive covenant that limits the use of thesite to industrial or commercial purposes only.Activity and use limitations should be considered anintegral part of the remedial action selection process.The user may determine,based uponpost-remedial action land use,or based upon the deficiencies in available activity and use limitations,that an activity and use limitation is not feasible for the site.The most effective use of activity and uselimitations as part of a federal,state,tribal or local remediation program requires careful considerationof many factors,including effectiveness,amenability to integration with property redevelopmentplans,implementability,technical practicability,cost prohibitiveness,long-term reliability,acceptabil-ity to stakeholders,and cost effectiveness.While this guidance is most likely to be applied whererisk-based corrective actions are conducted,use of activity and use limitations is not restricted torisk-based applications.Both institutional and engineering controls may be employed as elements ofa remedial action that is based on concentration level,background,or other non-risk-basedapproaches.1.Scope1.1 This guide covers information for incorporating activityand use limitations that are protective of human health and theenvironment into federal,state,tribal or local remediationprograms using a risk-based approach to corrective action.Activity and use limitations should be considered early in thesite assessment and remedial action selection process,andshould be considered an integral part of remedial actionselection.In the event that an appropriate activity and uselimitation cannot be found,the user may need to revisit theinitial remedial action selection decision.1.2 This guide does not mandate any one particular type ofactivity and use limitation but merely serves to help usersidentify,implement and maintain the types of activity and uselimitations that may be appropriate in programs using arisk-based decision-making approach.1.3 This guide identifies screening and balancing criteriathat should be applied in determining whether any particularactivity and use limitation may be appropriate.This guideidentifies the need to develop long-term monitoring andstewardship plans to ensure the long-term reliability andenforceability of activity and use limitations.This guideexplains the purpose of activity and use limitations in theremedial action process and the types of activity and uselimitations that are most commonly available.1.4 This guide describes the process for evaluating poten-tially applicable activity and use limitations and using screen-ing and balancing criteria to select one or more activity and uselimitations for a specific site.The guide also describes some“best practices”from a transactional,stakeholder involvement,and long-term stewardship perspective.The guide also empha-sizes the importance of considering the need for,and potentialapplicability of,activity and use limitations EARLY in theremedial action process.1This guide is under the jurisdiction ofASTM Committee E50 on EnvironmentalAssessment,Risk Management and Corrective Action and is the direct responsibil-ity of Subcommittee E50.02 on Real Estate Assessment and Management.Current edition approved May 1,2011.Published July 2011.Originally approvedin 2000.Last previous edition approved in 2005 as E2091 05.DOI:10.1520/E2091-11.Copyright ASTM International,100 Barr Harbor Drive,PO Box C700,West Conshohocken,PA 19428-2959.United States1 1.5 All references to specific Federal or state programs arecurrent as of the date of publication.The user is cautioned notto rely on this guide alone but to consult directly with theappropriate program.1.6 The values stated in SI units are to be regarded asstandard.No other units of measurement are included in thisstandard.1.7 This standard does not purport to address all of thesafety