ASTM E2137-17 Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters.pdf

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1、Designation: E2137 17Standard Guide forEstimating Monetary Costs and Liabilities for EnvironmentalMatters1This standard is issued under the fixed designation E2137; the number immediately following the designation indicates the year oforiginal adoption or, in the case of revision, the year of last r

2、evision. A number in parentheses indicates the year of last reapproval. Asuperscript epsilon () indicates an editorial change since the last revision or reapproval.1. Scope1.1 PurposeThe purpose of this document is to provide astandard guide for good commercial and customary practice inestimating co

3、sts and liabilities for environmental matters.2Many possible uses for estimates of costs and liabilities forenvironmental matters exist, including but not limited tobusiness decision making and portfolio optimization, duediligence and communications involving acquisitions anddivestitures, regulatory

4、 requirements, third-party lawsuits, in-surance premium calculation and claim settlement, change ofproperty use, revitalization, compliance planning, constructionand project control, analysis of remedial alternatives,budgeting, strategic planning, audit defense, financing, andinvestment analysis by

5、shareholders. The use of estimatedcosts and liabilities developed in accordance with this standardmay be subject to other standards applicable to the matterinvolved. For example, it is not intended to supersede account-ing and actuarial standards. This standard does not address theestablishment of r

6、eserves or disclosure requirements.1.2 ObjectivesThe objective of this standard is to provideguidance on approaches for estimating costs and liabilities forenvironmental matters.1.3 This international standard was developed in accor-dance with internationally recognized principles on standard-izatio

7、n established in the Decision on Principles for theDevelopment of International Standards, Guides and Recom-mendations issued by the World Trade Organization TechnicalBarriers to Trade (TBT) Committee.2. Referenced Documents3,42.1 ASTM Standards:E1527 Practice for Environmental SiteAssessments: Phas

8、e IEnvironmental Site Assessment ProcessE1739 Guide for Risk-Based Corrective Action Applied atPetroleum Release SitesE2081 Guide for Risk-Based Corrective ActionE2091 Guide for Use of Activity and Use Limitations,Including Institutional and Engineering ControlsE2107 Practice for Environmental Regul

9、atory ComplianceAuditsE2150 Classification for Life-Cycle Environmental WorkElementsEnvironmental Cost Element StructureE2173 Guide for Disclosure of Environmental LiabilitiesE2205 Guide for Risk-Based Corrective Action for Protec-tion of Ecological ResourcesE2247 Practice for Environmental SiteAsse

10、ssments: Phase IEnvironmental Site Assessment Process for Forestland orRural PropertyE2637 Guide for Utilizing the Environmental Cost ElementStructure Presented by Classification E2150E2718 Guide for Financial DisclosuresAttributed to ClimateChange3. Terminology3.1 Definitions:3.1.1 accretionan incr

11、ease to the present value of aliability solely due to the passage of time, normally a year; alsoknown as “unwinding the discount.”3.1.2 activity and use limitations (AULs)legal or physicalrestrictions or limitations on the use of, or access to, a site orfacility to eliminate or minimize potential ex

12、posures to chemi-cals of concern, or to prevent activities that could interfere withthe effectiveness of a response action, to ensure maintenance ofa condition of “acceptable risk” or “no significant risk” tohuman health and the environment. These legal or physicalrestrictions are intended to preven

13、t adverse impacts to indi-viduals or populations that may be exposed to chemicals ofconcern.1This guide is under the jurisdiction ofASTM Committee E50 on EnvironmentalAssessment, Risk Management and Corrective Action and is the direct responsibil-ity of Subcommittee E50.05 on Environmental Risk Mana

14、gement.Current edition approved March 1, 2017. Published April 2017. Originallyapproved in 2001. Last previous edition approved in 2011 as E2137 06(2011).DOI: 10.1520/E2137-17.2For the purposes of this standard, costs and values are defined as monetaryestimates.3Appendix X1 includes citations for ad

15、ditional relevant documents and require-ments from other organizations including FASB, GASB, PCAOB, FASAB, IASB,and SEC.4For referenced ASTM standards, visit the ASTM website, www.astm.org, orcontact ASTM Customer Service at serviceastm.org. For Annual Book of ASTMStandards volume information, refer

16、 to the standards Document Summary page onthe ASTM website.Copyright ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United StatesThis international standard was developed in accordance with internationally recognized principles on standardization establishe

17、d in the Decision on Principles for theDevelopment of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.13.1.3 allocation or allocated sharethe portion of cost orliability for which a party is responsible for paymen

18、t orreimbursement.3.1.4 asset retirement obligation (ARO)legal or construc-tive obligations associated with the retirement of a tangiblelong-lived asset that result from the acquisition, construction,development, or normal operation of a tangible long-livedasset. Activities include (but are not limi

19、ted to) demolition,decommissioning, decontamination, reclamation, restorationand abandonment.53.1.5 constructive obligationthe concept that past practicecreates a valid expectation on the part of a third party. Anexample of this is a company policy to excavate undergroundstorage tanks once removed f

20、rom service. Also known aspromissory estoppel.3.1.6 costs and liabilitieseconomic expenses, accruedliabilities, asset retirement obligations, and loss contingencies.3.1.7 dutyholderparty responsible for the costs and li-abilities.3.1.8 environmental complianceoperations, permits,equipment, facilitie

21、s, products, records, documentation,reports, training, procedures, inspections, certifications,monitoring, controls, or other conditions or activities that mustconform to environmental statutes including, but not limited to,CAA, CWA, OPA, RCRA, CERCLA, TSCA, FIFRA, SDWA,and state and local laws, as

22、well as any international jurisdic-tional requirements.3.1.9 estimatoran individual or entity that prepares andanalyzes costs and liabilities.3.1.10 eventa condition or incident which occurred, ormay occur, with respect to an environmental condition and/orenvironmental compliance issue, that affects

23、 or leads to poten-tial costs and liabilities. Examples of events include: a newrequirement for air emission controls (for example, NOx), ahazardous waste site that requires remediation, a claim forpersonal injury related to an alleged environmental incident, orthe need to comply with NPDES standard

24、s as a result of aprocess change.3.1.11 fair valuean estimate of the price that could bereceived for an asset or paid to settle a liability in a currenttransaction between marketplace participants that areunrelated, knowledgeable about factors relevant to the liabilityand the transaction, able, and

25、willing to transact in thereference market for the liability.63.1.12 legal obligationduty to carry out what the law or acontract states.3.1.13 liabilityan actual or potential obligation that mayor may not be accrued. This includes legal obligations as wellas constructive obligations (promissory esto

26、ppel), and mayalso be in the form of commitments, guarantees or contingen-cies.3.1.14 obligating eventa past outcome which confirmed afinancially recognizable obligation.73.1.15 orphan shareliability assigned to a PRP that can-not be located or that is insolvent, or the liability associatedwith poll

27、utants which cannot be attributed to a PRP.3.1.16 potentially responsible party (PRP)any individual,legal entity, or governmentincluding owners, operators,transporters, or generatorspotentially responsible for, orcontributing to, the environmental impacts at an event.3.1.17 recognition benchmarkstag

28、es in the assessmentand remediation process which create the expectation of a morecomprehensive or robust estimate.83.1.18 studiesinvestigations such as regulatory interpreta-tions and applicability studies, compliance analysis, environ-mental regulatory compliance audits, operating scenariosstudy,

29、engineering design and analysis, cost estimation, processhazard analysis, modeling, communication plans, preliminaryinvestigation, sampling and analysis, site assessment, sitecharacterization, Phase I and II studies, remedial action plan,remedial investigation, contamination assessment report, fea-s

30、ibility study, risk assessment, treatability study, ecologicalimpact assessment, environmental impact report, work plans,ASTM Risk-Based CorrectiveAction (RBCA) analysis, RCRAfacility investigation, RCRA facility assessment, report ofwaste discharge, corrective measures study, corrective actionrepor

31、t, health and safety plan, quality assurance plan, and otherstudies.3.2 Acronyms:3.2.1 AICPAAmerican Institute of Certified Public Ac-countants.3.2.2 ASCAccounting Standards Codification3.2.3 AULsActivity and Use Limitations.3.2.4 CAAClean Air Act.3.2.5 CERCLAComprehensive Environmental Response,Com

32、pensation and LiabilityAct of 1980 (as amended, 42 USCSection 9601 et seq.).3.2.6 CWAClean Water Act.3.2.7 EPAUnited States Environmental ProtectionAgency.3.2.8 EVexpected value; an estimate of the weightedmean value of an unknown quantity that represents aprobability-weighted average over the range

33、 of all possiblevalues.3.2.9 FAFFinancial Accounting Foundation.3.2.10 FASABFederal Accounting Standards AdvisoryBoard3.2.11 FASBFinancialAccounting Standards Board, a partof FAF.3.2.12 FIFRAFederal Insecticide, Fungicide and Roden-ticide Act.3.2.13 GAAPGenerally accepted accounting principles.5See

34、FASB ASC 410-20 and GASB 18 references in Appendix X1.6See FASB ASC 820, GASB 72, and IFRS 13 references in Appendix X1.7See GASB 49:11 references in Appendix X1.8See GASB 49:12-13 and ASC 410-30-25-15 references in Appendix X1.E2137 1723.2.14 GASBGovernment Accounting Standards Board, apart of FAF.

35、3.2.15 MLVmost likely value.3.2.16 NPDESnational pollutant discharge eliminationsystem.3.2.17 OPAOil Pollution Act.3.2.18 PCAOBPublic Company Accounting OversightBoard.3.2.19 PRPpotentially responsible party.3.2.20 RBCARisk-based corrective action.3.2.21 RCRAResource Conservation and Recovery Act(as

36、 amended 42 USC Section 6901 et seq.).3.2.22 SDWASafe Drinking Water Act.3.2.23 SECSecurities and Exchange Commission.3.2.24 TSCAToxic Substances Control Act.4. Significance and Use4.1 UseThe standard is intended for use on a voluntarybasis by an estimator of costs and liabilities for environmentalm

37、atters. The user may elect to apply this standard for any or alluses outlined in the Purpose. Application of this standard forone use does not compel application of the standard for all orany other use.4.2 PrinciplesThe following principles are an integral partof this standard and should be used to

38、resolve ambiguity ordispute regarding the interpretation of estimated costs andliabilities for environmental matters.4.2.1 Caution When Repurposing EstimatesThe estimatorshould exercise care when repurposing an estimate generatedfor one objective and audience. For example, an estimator mayuse the ex

39、pected value approach on a given cost and liability,and find that the “financial assurance estimate” uses uniquefinancial assumptions (inflation, discount rate, time horizon)specified by a state regulator, while a “project controls” or“reserve” forecast for the very same cost and liability - willuse

40、 differing financial factors.4.2.2 Uncertainty Not EliminatedEven though an estimateof costs and liabilities for environmental matters is prepared inaccordance with this standard, uncertainty remains with regardto, among other things, the resolution of contractual,technological, regulatory, legislat

41、ive, and judicial issues, whichcould affect the costs and liabilities. However, inherent uncer-tainty in estimates should not prevent an estimate from beingmade.4.2.3 Periodic Review of Assumptions and EstimatesAssumptions underlying estimates should be reviewed, docu-mented and periodically analyze

42、d for the purpose of incorpo-rating new information. There is a preference for currentinformation over historical assumptions if the current informa-tion is comprehensive and comparable. Subsequent improve-ments in estimates should be made as more informationbecomes available, or as recognition benc

43、hmarks or obligatingevents occur. For example, for remediation of an individualsite, such assumptions include changes to the conceptual sitemodel; contaminant concentration data found in soil,groundwater, air and sediments; the selection of differentremedial technologies; the indication of a preferr

44、ed alternativeby the governing agency; the weighting of alternatives; theprobability of failure of a remedial technology to achieve thedesired outcome in the time anticipated; the probability ofaccelerated or delayed enforcement; the probability of acompressed remedial construction timetable; the ex

45、plicit orimplied value of impacted drinking water, wetlands, and othernatural resources; changes to the default values of fines andpenalties and their associated tax consequences; and the abilityto pay of PRPs or other counterparties. Changes in availableinformation such as contaminant data, market

46、prices, regula-tory requirements, precedential court findings, technology,counterparty ability to pay, dutyholder ability to pay, propertyuse, inflation and discount rates, or other issues may affect thebasis for the estimates, therefore necessitating revisions. (SeeAppendix X4 for examples of aggre

47、gation of portfolio-wideassumptions and metrics.)4.2.4 Comparison with Subsequent EstimatesSubsequentestimates based on additional information should not beconstrued as indicating the prior estimates of costs andliabilities for environmental matters were unreasonable at thetime they were made. Estim

48、ates should be evaluated on thereasonableness of analyses and judgments made at the time andunder the circumstances in which they were made. Subsequentimproved estimates should not be considered valid standardson which to measure the reasonableness of a prior estimatebased on hindsight, new informat

49、ion, use of developing ana-lytical techniques, or other factors. However, information ontrends in estimates over time may be of value to a user of thecost and liability estimates. Any comparison should recognizethe reasons the estimates were performed, whether they wereaccomplished under the standard and any differences in tech-nique in the application of the standard.4.2.5 Not ExhaustiveEstimation of costs and liabilities forenvironmental matters does not necessarily require an exhaus-tive evaluation of all possible