Thursday, October 29, 2020

Phase I Environmental Site Assessments

Site Assessment

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 now states that the American Society of Testing and Materials (ASTM) E1527-13 Standard for Phase I Environmental Site Assessment complies with the EPA requirements for AAI. In some cases, the ASTM 1527-13 Standard is more stringent than AAI.

Converse will generally follow the standard practices of the ASTM Phase I Environmental Site Assessment Process (Standard: E1527-13) unless specific requirements of client scope of work dictates otherwise (often Business Environmental Risk issues will be added). The ASTM Standard E1527-13 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.

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 as the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: due to release to the environment; under conditions indicative of a release to the environment; or under conditions that pose a material threat of a future release to the environment.