Phase I Environmental Site Assessment Standard Practice Update. West Virginia Brownfields Conference September 2013

Transcription

1 Phase I Environmental Site Assessment Standard Practice Update West Virginia Brownfields Conference September 2013

2 President, Wasatch Environmental, Inc. Chair of the ASTM E1527 Task Group Chair of the ASTM E50 Committee on Environmental Assessment, Risk Management, and Corrective Action Member of the EPA Federal Advisory Committee established to develop the proposed All Appropriate Inquiry (AAI) regulation Salt Lake City, Utah

3 ASTM Standards have 8-Year shelf life Prior E1527 publications: 1993, 1994, 1997, 2000, 2005 Action Options No Action standard will sunset upon expiration Ballot to re-approve with no change Reconvene Task Group, draft revision language, ballot revisions

4 Task group convened in early 2010 TG agreed on two primary objectives: Clarify existing language Strengthen the deliverable

5 Over 150 task group members with broad stakeholder representation: SBA HUD Lenders Utilities Insurance Facilities State/Local agencies Attorneys Environmental professionals Not all focus groups resulted in proposed changes Not all proposed changes survived ballot

6 More closely aligned with the EPA s All Appropriate Inquiries (AAI) objective de minimis extracted as a stand-alone definition Some instructional language added to historical and site visit sections

7 A Recognized Environmental Condition includes the presence of a release de minimis added to allow the Environmental Professional to immediately dismiss a minor spill de minimis used by some to describe contamination left in place and accepted by an agency E1527 Task Group (and EPA) concluded that the same term should not be used to describe both situations

8 Historical Recognized Environmental Condition definition originally developed pre-2002 before the Bona Fide Prospective Purchaser landowner liability protection/continuing obligations requirements) Conditionally-closed sites currently handled four different ways Consistency needed

9 Redefined Historical Recognized Environmental Condition Past releases addressed to unrestricted residential use Must consider current regulatory framework (rules change) HRECs are not RECs Created new Controlled Recognized Environmental Condition term Past releases addressed to non-residential standard, subject to some type of control CRECs are RECs and must be included in the conclusions section of the report de minimis CAN be used to describe an HREC de minimis CAN NOT be used to describe a CREC

10 Presence or likely presence of HS/PP in, on or at the Property Phase-I ESA Process Is the HS/PP under conditions indicative of a release? Yes Does the release present a threat to human health or the environment (would it be the subject of enforcement action)? Yes Has release been addressed? Yes No No De minimis No Is there a material threat of a release? No Yes REC HREC Not a Rec Yes Addressed to most stringent cleanup criteria (residential) with no restrictions (no AULs) CREC No

11 Some argued additional records review already required under current standard Some argued additional records beyond a database report are not required under current standard Clients thought it was already being done Consistency needed New language: Should be conducted for property and adjoining properties If not conducted, explain why Alternate sources ok

12 The purpose of the User Responsibilities not previously explained Grounded in Factors the Courts will Consider CERCLA amendments Re-iterated in the 2002 amendments to CERCLA 2002 amendments extended these responsibilities to include brownfield grantees Loan officers/realtors/brokers/etc., not typically seeking CERCLA liability protections or brownfields grant Some EPs asking the wrong people to the complete the User questionnaire Clarification needed

13 E1527 has been silent on vapor EPA recommended the task group not ignore the vapor pathway 2013 revision acknowledges the vapor pathway in migration definition Proposed language acknowledges soil vapor in Activity and Use Limitations definition Added discussion in Legal Appendix regarding vapor intrusion as it relates to CERCLA Clarifies Indoor Air non-scope

14 Clarified indoor air exclusion Added unrelated to releases of hazardous substances or petroleum products into the environment Revamped non-binding appendices Revised Legal Appendix Revised Report Table of Contents and Format Developed a Business Environmental Risk Appendix to provide references and resource guidance

15 Task group split about 50/50 Ultimately agreed that: Recommendations are not required by the standard. User should consider whether recommendations are desired. Recommendations are an additional service

16 Anticipate ASTM/EPA process and publication completed sometime in 2013 Can re-ballot existing E as-is if necessary

17 Comments or Questions? Julie Kilgore Wasatch Environmental, Inc