|
|
 |
 |
 |
|
A Phase I Environmental Site Assessment (ESA) is an investigation that determines the potential for contamination of soil, water, buildings, etc. on a property. It assesses the potential environmental liabilities by looking at current and past use of the site as well as surrounding activities. |
|
|
 |
Site-specific environmental records are obtained from government agencies (e.g., US EPA, state Environmental Agency, EDR. fire department, municipality) to identify potential non-compliance issues. |
|
Available historical information is reviewed (aerial photographs, land titles, insurance maps, etc.), and a visual “walk-through” inspection is done. |
|
Site personnel are interviewed, as well as past owners/occupants. |
|
|
|
A Phase I ESA generally provides due-diligence in the real estate transaction to ensure both parties are aware of the recognized environmental conditions of the property prior to the transaction. |
|
 |
|
|
| The environmental site assessment serves two main purposes: |
|
To prove that a landowner, prior to purchase, has conducted "all appropriate inquiry into the previous ownership and uses of the property..." and therefore is considered "innocent" and safe from a charge by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). |
|
To make a concerned party aware of potential environmental problems. Environmental problems are defined from the real estate industry perspective as issues that could later subject the property to state or federal actions and/or result in financial distress to the buyer or lender. |
|
|
|
If required, the information obtained in conducting a Phase I ESA, is held as confidential, and remains as the property of the party commissioning the ESA (e.g., purchaser). If the Phase I ESA indicates that there is a potential for contamination of the property, a Phase II ESA may be recommended. A Phase II ESA is more intensive, involving sampling and analysis of soil, water or other components. A Phase III ESA, if required, examines options for cleaning-up the site. |
|
|
The American Society of Testing and Materials (ASTM) has developed standards for performing due diligence ESAs and for a preliminary screening method called the Transaction Screen Process. Included in the ASTM standard are the "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, "E 1527-2000, and the "Standard Practice for Environmental Site Assessments: Transaction Screen Process, "E 1528-2000. |
|
|
Both standards satisfy the appropriate inquiry, or "due diligence," requirement necessary to qualify for the CERCLA innocent landowner defense. |
|
ASTM E 1527-2000, Environmental Site Assessments
Phase I Environmental Site Assessment Process
|
|
|
The goal of a Phase I ESA is to assess the environmental conditions of commercial real estate and identify recognizable environmental conditions. Recognized environmental conditions are defined in the Standard as "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, groundwater, or surface water of the property." |
|
ASTM E 1528-2000, Environmental Site Assessments
Transaction Screen Process
|
|
|
The Transaction Screen Process satisfies the appropriate inquiry requirement for the purposes of CERCLA's innocent landowner defense, but does not require the same level of environmental expertise as a Phase I ESA. The process consists of filling out the transaction screen questionnaire included in the Standard. The questionnaire provides a guide for interviewing owners and occupants of the property, observing site conditions, and conducting limited research. Upon completion of the transaction screen process, the user may either conclude that no further investigation is necessary, proceed to a Phase I ESA, or research further specific areas of concern. |
|
M3V, LLC is ready to comply with the future AAI rule
|
|
|
As part of the 2002 “Brownfields” Amendments to CERCLA, Congress adopted new liability protections for prospective purchasers of properties that ultimately are found to be contaminated. To qualify for this new protection, prospective purchasers are required to conduct an adequate investigation – i.e. , conduct “all appropriate inquiry (AAI).” Since 2002, therefore, purchasers of real property have been held to a uniform federal standard for environmental diligence. EPA is in the process if promulgating a new AAI rule that will apply the environmental due diligence to a wider universe of properties than the ASTM E-1527 and E-1528 standards. While the ASTM standards are limited solely to commercial properties, the draft AAI rule extends well beyond brownfield sites, and even beyond commercial properties. Based on the draft AAI rule the owners of any residential property used for commercial purposes and residential properties under government ownership, will now need to conduct a Phase I investigation under the AAI rule in order to be protected from a CERCLA liability. Moreover, AAI will be mandatory for individuals, who's ESAs are funded under the EPA's brownfields program. EPA is expected to promulgate the final AAI regulation in late 2004. |
|
|
M3V, LLC has performed due-diligence services and ASTM Standard Phase I, Phase II and III ESAs for many of our commercial, industrial and residential clients. |
|
|
Based on the new definition of the “Environmental Professional” proposed by AAI Committee, M3V's staff is situated at the top of qualification requirements. Our team of professionals includes Professional Engineers, Ph. Ds, Licensed Remediation Specialists, and inspectors. We are striving to provide our customers with the highest return on their investment: a quality project with a fast turn around. |
|
|
| During a Phase I ESA M3V can also perform: |
|
Phase II and III Environmental Site Assessments/Remediation |
|
Compliance/Regulatory Audits |
|
Mold/ Asbestos/Radon/Lead Paint Sampling or Investigation |
|
|
|
For additional information regarding ESA, as well as for a quick quote, please contact us. |
|
| |
|
