Phase I Environmental Site Assessments

Environmental Assessment 101– Part 1
Phase I Environmental
Site Assessments
Robert S. Creps, P.E.
PES Environmental, Inc.
SESSION OBJECTIVES
• Understand environmental due diligence
• Understand the term: Recognized
Environmental Condition or REC
• Understand the definition, objectives and
procedures of a Phase I Environmental Site
Assessment, ESA or Phase I
2
PHASE I ENVIRONMENTAL SITE
ASSESSMENT (ESA)
Why conduct a Phase I ESA?
– Identify current and historical sources of
contamination (actual and potential)
– Prioritize redevelopment site selection and
acquisition decision-making
– Satisfy liability risk management requirements of
project proponent, equity participants, and lenders
– Assert liability protection under Federal All
Appropriate Inquiries (AAI) standard
3
ALL APPROPRIATE INQUIRIES RULE
All Appropriate Inquiries – AAI
• Title 40 CFR Part 312
• The assessment or evaluation of a real
property to identify potential environmental
contamination and assess potential liability
for contamination present on a property
4
ENVIRONMENTAL SITE ASSESSMENTS
(ESAS)
Industry Standard For Phase I ESA
• American Society for Testing & Materials
(ASTM)
• ASTM Standard E1527-13 for Phase I ESAs
• Only ASTM E1527-13 standard is recognized by
U.S. EPA to be compliant with All Appropriate
Inquiries
• Defines process & minimal criteria for
completeness
• Identifies and defines Recognized Environmental
Conditions (REC)
5
IN GENERAL TERMS: WHAT’S AN ESA?
• Systematic research of current and past on-site and
surrounding property uses that could have adverse effect
on the environment;
• Conducted or supervised by a qualified environmental
professional;
• Includes interviews, and review of historical and regulatory
records
• Includes a site inspection, and surrounding area survey
• Generally does not include sampling/testing
• Interpretation of ESA data and conclusions
• Presented in a written report that follows a standardized
format
6
WHAT IS A “RECOGNIZED ENVIRONMENTAL
CONDITION?”
• The presence or likely presence of…
• any hazardous substances or petroleum
products in, on, or at a property:
1. due to release to the environment; or
2. under conditions indicative of a release to the
environment; or
3. under conditions that pose a material threat
of a future release to the environment.
• Does not include de minimis conditions
7
SOME QUALIFYING DEFINITIONS:
FOR RESOLVED RECS
Historical REC (HREC):
A REC from a past hazmat release that:
• has been addressed to the satisfaction of the
applicable regulatory authority, or
• meets unrestricted use criteria, and
• is NOT subject to the implementation of
land use or other controls
8
SOME QUALIFYING DEFINITIONS:
FOR RESOLVED RECS
Controlled REC (CREC):
A REC from a past hazmat release that:
• has been addressed to the satisfaction of the
applicable regulatory authority, and
• is allowed to remain in place subject to the
implementation of required controls
9
CONTROLS FOR RESOLVED
ENVIRONMENTAL CONDITIONS
Activity and Use Limitations (def.): legal or physical
restrictions or limitations on the use of, or access to, a site…
1. to reduce or eliminate exposure to contaminants, or
2.to prevent activities that could interfere with the
effectiveness of a response action.
Examples:
• Institutionalized Controls (e.g.: recorded deed covenants,
land-use prohibitions, closure conditions)
• Engineering Controls (e.g.: caps, barriers, ventilation
systems)
10
ASTM DEFINITION:
DE MINIMIS CONDITION
Latin: concerning minimal things
Environmental conditions that:
• generally do not present a threat to human
health or the environment, and
• generally would not be the subject of
an enforcement action if brought to the
attention of appropriate government
agencies.
11
MORE ON:
ALL APPROPRIATE INQUIRES
(AAI)
• Further refines current standard of practice.
• Specifies necessary credentials for
environmental professional (EP). Comprised of
professional registration (P.E., P.G.), education,
and relevant professional experience.
• Additional database search requirements.
• User’s specialized knowledge
• Is there a purchase price discount for known or
suspected contamination problems?
12
PHASE I ESA – SHELF LIFE
• Shelf life is one year, however…
• After 180 days, must update the following
• Interviews
• Visual inspection
• Historical records review
• Search for environmental cleanup liens
13
ENVIRONMENTAL TOPICS NOT
PART OF STANDARD PHASE I ESA
Not a part, but should be considered and
incorporated into investigations, as applicable:
•
•
•
•
•
•
•
•
•
Asbestos and lead paint in building materials
Biological agents
Cultural/historical resources
Regulatory compliance
Ecological resources and endangered species
Mold
Industrial hygiene
Health and safety
Indoor air quality (unless related to releases – i.e., VI)
14
WHAT ABOUT POLLUTANT MIGRATION, AND
EFFECTS ON REAL PROPERTY?
For instance, consider:
• Potential for dissolved-phase pollutants migrating in
groundwater :
• on to the subject site from upgradient sources
• downgradient to other properties or sensitive areas
• Potential for pollutants to migrate on to subject site in
vapor phase :
• ASTM 1527-13 revised def. of migrate/migration
• Potential for chemical vapor intrusion (VI) of toxic
volatile organics to occupied buildings
• Vapor encroachment Screen by ASTM E2600 – to
identify Vapor Encroachment Condition, or VEC
• US EPA/ & CA Waterboard: guidances for evaluation
of VI at So. Bay GW Superfund sites
15
PHASE I ESA SCOPE OF WORK:
MAJOR TASKS
• Inspection of property and surrounding area
• Review Public Records (subject site and vicinity)
• Environment database and agency file reviews
• Historical records: Sanborn maps, aerial photos
• Historical records, directories, historical accounts
• Interviews with relevant persons; questionnaire
• Review of activity and land use restrictions
• Data evaluation and report preparation
• Typical cost/time: $3,500 to $10,000; 2-6 weeks
16
SITE INSPECTION AND SURROUNDING AREA
RECONNAISSANCE
• Hazardous materials/waste storage/use?
• Staining, discoloration, etching, and stressed
vegetation?
• Tanks? Sumps or clarifiers? Transformers?
• Flags of potential problems: solvent use;
electronics manufacturing; dry cleaning;
electroplating; PCBs; pesticides; arsenic; lead
and lead paint; asbestos in building systems;
artificial fill
17
SITE INSPECTION AND
RECONNAISSANCE
We don’t have any
problems…!
18
SITE INSPECTION AND
RECONNAISSANCE
What is in this
pond?
19
SITE INSPECTION AND
RECONNAISSANCE
But we don’t use
many chemicals!
20
SITE INSPECTION AND
RECONNAISSANCE
Don’t assume
contents of a
drum.
21
SITE INSPECTION AND
RECONNAISSANCE
What caused
this?
22
SITE INSPECTION AND
RECONNAISSANCE
Good Housekeeping
Seal of Approval
23
REVIEW OF REGULATORY AGENCY
DATABASES AND FILES
Federal:
• U.S. EPA - Region 9
State:
• Department of Toxic Substances Control
http://www.envirostor.dtsc.ca.gov/public/
• California Integrated Waste Management Board
• California Division of Oil and Gas
Regional:
• Regional Water Quality Control Board
http://geotracker.waterboards.ca.gov/
• Department of Environmental Health (usually county)
• Air Pollution Control District
• Public Health Services
Local:
• Fire Departments/Building Departments
• Public Works Departments
• Industrial Waste Programs; County Assessor
24
HISTORICAL SANBORN MAPS
25
1-mile radius
Subject site
Potential offsite source
26
Historical
Photo:1946
(Agricultural)
27
Historical
Photo:1974
(Industrial)
28
Historical
Photo: 2006
(Residential)
29
CASE STUDY:
PUBLIC MARKET EMERYVILLE
30
CASE STUDY:
PUBLIC MARKET EMERYVILLE
• Constructed on
reclaimed S.F Bay
tidal lands
• Bay fill between
Eastshore Highway
(now I80) and
Santa Fe railroad
tracks
• 1944 oblique aerial
photograph - view
to north
31
CASE STUDY:
PUBLIC MARKET EMERYVILLE
• Initial industrial uses
- 1890s–1970s
- Parrafine Company
- Pabco Roofing Co.
- 38 acres; 155 buildings
• 1988–2010 Redeveloped
for commercial uses (2nd
Gen: office and retail)
• 3rd Gen redevelopment:
- upgraded commercial
- in-fill buildings for MU
residential uses
32
33
1939 Aerial
Photograph
34
1946 Aerial
Photograph
35
1958 Aerial
Photograph
36
1993 Aerial
Photograph
37
2005 Aerial
Photograph
38
SUMMARY AND
CLOSING CONSIDERATIONS
• U.S. EPA AAI rule sets environmental assessment
standard
• ASTM Standard Practice – evolving protocol for
implementing AAI environmental due diligence for real
property
• Utilize quality Phase I data
• Seek experienced assessors, with prior local knowledge
of subject property area
39