Environmental Site Assessments
With a long resume of experience, Phase I Site Environmental Site Assessments are done on a daily basis in Converse offices. Two Converse Vice Presidents have served, and currently serve, on the ASTM committee that developed the 1527-05 standard for performing Phase Is. The ASTM 1527-05 standard meets EPAs All Appropriate Inquiry (AAI). Our staff also conduct Phase I training on behalf of ASTM. With this connection to the Phase I process, Converse has been and will continue to be a leader in conducting Phase I Site Assessments. Converse has a unique understanding to the nuances to address our clients due diligence requirements and minimize their liability.
Through its staff of Registered Environmental Assessors, Certified Environmental Managers, Professional Geologists, Professional Engineers and Environmental Professionals, Converse provides environmental site assessments to assist clients in evaluating potential environmental liabilities associated with real property acquisition, disposition and ownership. Information obtained through Converse environmental site assessments can greatly impact the economics of a property transaction, affecting the owner, buyer, seller and lender. Our Clients include property owners, real estate firms, developers, redevelopment agencies, banks, lenders, title companies, and corporate, industrial and institutional facility real estate managers.
The Regulatory Environment
On January 11, 2002, Public Law 107-118 was signed. The Small Business Liability Relief and
Brownfield's Revitalization Act (SBLRBRA) directed the United States Environmental Protection Agency (EPA) to promulgate a rule defining due diligence for compliance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This rule, which is generally referred to as All Appropriate Inquiry (AAI) was adopted on November 1, 2005. The AAI rule states that the American Society of Testing and Materials (ASTM) E1527-05 Standard for Phase I Environmental Site Assessment complies with the EPA requirements for AAI. In some cases the ASTM 1527-05 Standard is more stringent than AAI
Converse will generally follow the standard practices of the ASTM Phase I Environmental Site Assessment Process (Standard: E1527-05) unless specific requirements of specific client scope of work dictates otherwise (often Business Environmental Risk issues will be added). The ASTM Standard E1527-05 is intended to satisfy one of the requirements to qualify for the Landowner Liability Protections (LLP) within the scope of CERCLA, that is, the practices that constitute all appropriate inquiry (AAI, 40 CFR Part 312) into the previous ownership and uses of the property consistent with good commercial or customary practice. LLPs include Innocent Landowner Protection, Bona Fide Prospective Purchaser Protection and Contiguous Property Owner Protection.
Our assessment will be conducted to identify, to the extent feasible, Recognized Environmental Conditions (RECs) in connection with the Property. The term Recognized Environmental Conditions is defined in Section 1.1.1 of the ASTM Standard Practice as the presence or likely presence of any hazardous substances or petroleum products on a property under Conditions that indicate an existing release, past release, or material threat of a release into structures on the property or into the ground, ground water or surface water of the property.
