phase i environmental site assessment training seminar

BARRY ISETT & ASSOCIATES, INC.

Consulting Engineers & Surveyors



Phase I Environmental Site

Assessment Webinar

Presented by:

Brandon Trate & Chris Kotch, P.G.

Environmental TeamBarry Isett & Associates, Inc.



The process by which a person or entity seeks to determine if a particular parcel of real property (including improvements) is

subject to recognized environmental conditions (REC’s).

What is a Phase I Environmental Site Assessment (ESA)?



A Key Term to Know:

Recognized Environmental Condition (REC):– The presence or likely presence of any hazardous

substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property.



Who Performs a Phase I ESA?

• Possesses sufficient specific education, training and experience necessary to exercise professional judgment to develop opinions and conclusions indicative of a release or threatened release on, at, in or to a property.

• Or possesses the following:– A Professional Engineer’s (P.E.) or Geologist’s (P.G.) license– A license or certification from the federal government to perform such

assessments– Works under the direct supervision of the above accredited personnel– B.S. degree with 5 years experience or non B.S. degree with10 years

experience performing ESA’s.

A Phase I must be performed by an Environmental Professional who:



When is a Phase I ESA Performed?

• Prior to a real estate transaction (commercial)

• When a lender provides a loan for the property

• When a property owner wants to know the environmental history of the property

• When a property use is changed or re-zoned

• When applying for grant money or other government funding



Why are Phase I ESA’s Performed?

• To evaluate the property for potential environmental contamination.

• To assess potential liability for contamination which may be present.

• To establish an innocent landowner’s defense should environmental contamination be discovered after the property is acquired.



Where are Phase I ESA’s Performed?

• Phase I ESA’s are performed on any piece of real property, which can include:

Undeveloped or agricultural land

Gas Stations

Shopping Centers

Industrial or Commercial Buildings

Apartments or Multi-dwelling units



Are There Phase I ESA Standards?

• Phase I ESA’s must be performed to the American Society of Testing Materials (ASTM) Standard E1527-05.

• The US Environmental Protection Agency (EPA) has recognized the ASTM E1527-05 complies with the Federal Standards and Practices for All Appropriate Inquiry (AAI) (40 CFR Part 312).

• ASTM and US EPA merged requirements to create a universal standard.



The following items are considered non-scope items and are not typically considered by Phase I’s under standard E1527-05

•Wetlands

•Floodplains

•Radon

However, most lending institutions will require, at minimum, a

preliminary pre-screen for lead and asbestos.

•Asbestos

•Lead-based paints

•Sinkholes

Asbestos Pipe Wrap Wetlands Lead-based paint



The scope of a Phase I ESA is composed of several sections:

These scope items accomplish three key goals of a Phase I:

Scope of a Phase I ESA

Government Database

Review of Prior Reports

Site Observation Summary

Findings

Recommendations

Property Description

Building/Structure Description

Historical Land Use

Interviews

Mapping Review

1. Documentation of the property’s history.

2. Evaluate the current use and operations of the

property to determine if REC’s exist.

3. Determine if there are any environmental impacts

from adjoining properties.



Examples: Phase I with REC’s

Dumping of paint, solvent, and thinner cans on vacant property

Petroleum products leaking into floor drain

Transformer with PCB contaminated oils

Dumping of potentially hazardous materials in a wetland



Examples: Phase I with REC’s

Underground Storage Tank (UST) with visible holes, product can leak into ground

Presence of vent and fill pipes indicating a UST

Leaking Above Ground Storage Tank (AST) in basement of an old building



Examples: Phase I with Historical REC’s

Historical REC’s:An environmental condition which in the past would have been considered an REC but may or may not be currently considered an REC.

An orchard with historical use of Lead-Arsenate pesticides

A rail yard in a historic industrial facility, potential for PCB oils on track



Examples: Phase I with De Minimis Conditions

Better storage practices can be used.

Minor petroleum staining on the floor

De Minimis Conditions:A condition that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.



Examples: Phase I with Non-ASTM Conditions

Potential asbestos pipe wrap and spray-on insulation

Sinkhole in drainage swale, direct conduit to groundwater

Non-ASTM (non-scope) Conditionsconditions that are beyond the scope of ASTM E1527-05, but have been included within the scope of this assessment as an option.



Example: Phase I with Non-REC’s

Non REC’s are typically associated with off-site properties with environmental impacts. If it is determined that the property has a minimal chance to impact the subject site or the impacted property has been cleaned up and approved

by the DEP, the site is then considered a Non-REC.

LEAKING UNDERGROUND STORAGE TANK SITE SEARCH ID: 19 DIST/DIR: 0.45 m NW NAME: Joe’s Gas Station ADDRESS: Anywhere, PA 12345LUST INFORMATIONDATE OF RELEASE: 3/26/1990TYPE: USTPT-UNDERGROUND STORAGE TANK SYSTEM CONTAINING PETROLEUMSTATUS: 4.Cleanup Completed -Removal of contaminants to applicable cleanup standards has been demonstrated to DEP.STATUS DATE: 10/11/1990SOURCE CAUSE DESCRIPTION:Status Date Info: Date entries for cleanup status 4 and 5 are required. For cleanup status 4 (cleanup completed), this entry represents the date that DEP issued the No Further Action or Liability Protection letter to the responsible party.



What are Environmental Risks?And what do they mean to you?

• A risk is an actual or potential threat of adverse effects on living organisms and the environment by effluents, emissions, wastes, hazardous substances arising out site activities.

• $100,000 vs. $500,000 Loan = Environmental Risks are still the same! Environmental Risks can exist on all kinds of properties, regardless of its size, worth, or current or historical activities.

• If you loan on a property with Environmental risks (regardless of the amount of the loan) YOU OWN THE PROBLEM! These problems can range from a $10,000 soil remediation to a $200,000 groundwater characterization lasting several years. Is this a bill you are willing to pay?



What are Environmental Risks?And what do they mean to you?

• Evaluating Environmental Risks and their financial consequences through a Phase I ESA prior to issuing the loan reduces the liability for the new owner and the financial institution providing financing for the project.

• Most risks are identified as Recognized Environmental Conditions (REC’s) and may require additional actions. Phase II activates may be initiated to resolve the identified REC.



REC’S and the PHASE II Site AssessmentAdditional investigation, remediation or recommendations may be necessary based upon the nature of the environmental issues identified in the Phase I. These next steps are part of a Phase II Investigation which is performed to address these issues in an attempt to provide a “Clean Report” whereby resolving potential environmental concerns.

Installation of monitoring

wells

Removal of Underground Storage Tanks (UST’s)



Use of Environmental Risk Questionnaires

PROS• Can be used as an initial

screen to determine if a Phase I is necessary.

• Typically applicable to low-risk sites

• Quicker

• Less Expensive than a Phase I

CONS• Property owner might not know

all of the information being requested.

• Not comprehensive.

• If contamination is encountered after the sale, an innocent landowners defense cannot be established.



Presentation Link

This presentation is available for download at the following link:

www.Barryisett.com/Environmental/Phase_I_Webinar

Or Contact:

Chris Kotch, P.G. at [email protected]

Brandon Trate at [email protected]

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