As noted in our post on May 30, 2024, ASTM published its updated Standard E2247-23 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property” in December of 2023.  In March of 2024, EPA proposed to update the “All Appropriate Inquiries” rule in 40 CFR Part 312 to allow the use of the updated ASTM Standard E2247-23 to meet all appropriate inquiries.  EPA did not receive any comments on the proposed rule.

Effective August 23, 2024, 40 CFR Part 312 will be amended to allow the use of both the new Standard E2247-23 and the existing Standard E2247-16 for a period of one (1) year to allow a period of transition to the new standard.  If closing on a purchase or signing a lease of a site prior to August 23, 2024 where Standard E2247 is being used, it is advisable to use Standard E2247-16 since E2247-23 is not effective until August 23, 2024.  Thereafter it would be advisable to begin using the newer version.

The changes made by ASTM to Standard E2247-16 in E2247-23 were primarily to conform terminology and requirements for consistency with the changes made from Standard E1527-13 to E1527-21.  We refer you to our series of six posts on Standard E1527-21 in January through July of 2022, but keep in mind that there are some key differences between E1527 and E2247.  As noted in the first of our series of three posts on E2247-16 on July 21, 2023, while E1527-21 may be used for completion of a Phase I on any property, the use of E2247-16 is limited to “forestland” or “rural property.”  Although the section numbering changed, the definitions of “forestland” and “rural property” remain as defined in the E2247-16 and set froth in our July 21, 2023 post.

ASTM also retained Section 1.1.1 from Standard E2247-16 in E2247-23 which explains when to use E2247 instead of E1527, which is worth repeating:  “  “The methodology included in this practice is an effective and practical process for achieving the objectives of a Phase I Environmental Site Assessment of forestland or rural property when some of the methodologies of ASTM E1527 are deemed to be impractical or unnecessary due to the size or nature of the  property. This practice is intended to provide a more practical approach to assess rural and forestland properties that are generally uniform in use. A primary consideration in applying this practice instead of E1527 is the nature and extent of the property being assessed, as the typical environmental concerns, sources for interviews and records, and the methodology used to perform the site reconnaissance may differ significantly. The property to be assessed using this standard practice need not be contiguous and may contain isolated areas of non-forestland and non-rural property. Site reconnaissance of isolated areas of the property that include activities outside the definition of forestland or rural property should be addressed using methodologies such as those provided in E1527-13, which may be conducted and reported in conjunction with this practice, as discussed in section 4.5.3.”

In conclusion, Standard E2247-23 remains particularly useful in assessing sites for wind and solar projects proposed on large tracts of farmland, forested land and desert.  As noted in the quote from Section 1.1.1 of E2247-16, there can be portions of properties being assessed under E2247-16 that fall outside of the “forestland” or “rural property” definition.  For example, there could be a past former industrial operation on a small portion of a forestland property.  That section of the property should be assessed under E1527-21 to the extent the environmental professional determines is appropriate.