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Guide for Land Use Limitations
Is First of Its Kind

An in-depth guide is now available from ASTM that describes the process for implementing effective institutional and engineering controls at brownfields and other contaminated sites: E 2091, Standard Guide for the Use of Activity and Use Limitations, Including Institutional and Engineering Controls. Also available in early 2001 from ASTM will be a training program on use of the guide.

Guide 2091 is the first comprehensive document of its kind to tackle the complicated issue of improving the implementability and enforceability of land use controls at sites where there is residual contamination.

Currently being reviewed by the U.S. Environmental Protection Agency (EPA) and Department of Defense for potential incorporation into their programs, the new guide provides suggestions for improving the implementation and enforcement of activity and use limitations, or AULs, on sites where residual contamination is allowed to remain in place, typically under a risk-based cleanup program.

“The guide provides a reference manual on correct terminology, a description of the types of tools (e.g., covenants, easements, zoning, permits, and deed notices) that are being currently being used, descriptions of “best practices,” and diagrams that illustrate how to select the best AUL “tool” in light of the exposure pathways, receptors, and chemicals that are present,” says Amy Edwards, Esq., Holland and Knight, Washington, D.C., chairman of the group that developed E 2091.

Crafted by members of ASTM Subcommittee E50.04 on Performance Standards Related to Environmental Regulatory Programs, E 2091 was written with input from state representatives, EPA, U.S. Department of Energy, Nuclear Regulatory Commission, the private sector, consultants, and attorneys. The subcommittee is part of Committee E50 on Environmental Assessment.

“...[M]any states have adopted voluntary corrective action or brownfields programs that utilize risk-based corrective action principles,” the guide explains. “One element of these programs may be activity and use limitations to achieve either an ‘acceptable risk’ or ‘no significant risk’ level. ...While this guidance is most likely to be applied where risk-based corrective actions are conducted, use of activity and use limitations is not restricted to risk-based applications. Both institutional and engineering controls may be employed as elements of a remedial action that is based on concentration level, background, or other non-risk-based approaches.”

For further technical information, contact Amy Edwards, Esq., Holland & Knight, Suite 400, 2100 Pennsylvania Ave., N.W., Washington, DC 20037 (202/457-5917). At the Rosen Centre Hotel, Orlando, Fla., Committee E50 will host standard development meetings Oct. 24-27, as well as the seminar, “Productive Reuse of Brownfield and Base Realignment and Closure of Military Installations,” Oct. 24-25. For additional details, contact Staff Manager Dan Smith, ASTM (610/832-9727). //

Copyright 2000, ASTM