This document discusses misconceptions about using ASTM E 2600-10 to screen for vapor intrusion during Phase I environmental site assessments. It outlines 10 common misconceptions and explains why each one is wrong based on the standard's requirements and definitions. It also provides guidance on properly conducting a Tier 1 vapor enclosure condition (VEC) screen as part of the Phase I process and considerations for determining if a VEC represents a recognized environmental condition (REC).
Vapor intrusion investigations are now required as part of Phase I ESAs under the revised ASTM E2600 standard. This document outlines the process for conducting a Tier 1 vapor encroachment condition (VEC) screen during a Phase I investigation. The investigator first establishes an area of concern based on the type of contamination and then searches for potential vapor sources. If a source is identified, the investigator makes a determination on whether a VEC exists. If so, they further evaluate whether it represents a recognized environmental condition based on state guidance criteria. Professional judgment is important when making VEC and REC determinations.
Conducting the VEC Investigation for a Phase I - Boston DDDEDR
This document discusses conducting a vapor intrusion evaluation as part of a Phase I Environmental Site Assessment using the newly revised ASTM E2600 standard. It provides an overview of vapor intrusion vs. vapor encroachment and why vapor migration should be considered in a Phase I. It then outlines the process for conducting a Tier 1 vapor encroachment condition screen, including defining the area of concern, identifying known contamination sources, and making a vapor encroachment condition and recognized environmental condition determination. The document emphasizes using professional judgment and all information from the Phase I investigation when conducting the Tier 1 screen.
EDR DDD CHICAGO: CONDUCTING THE VEC INVESTIGATION FOR A PHASE I USING THE NEW...EDR
This document discusses conducting a vapor encroachment condition (VEC) investigation for a Phase I environmental site assessment using the newly revised ASTM E2600 standard. It provides an overview of vapor intrusion vs. vapor encroachment and why vapor migration should be considered in Phase I assessments. It then details how to conduct a Tier 1 VEC screen, including defining the area of concern, identifying known contamination sources, and making a VEC and VEC-to-REC determination using professional judgment. The document emphasizes using the screening to identify whether a vapor-related recognized environmental condition exists requiring further investigation.
- The Chicago due diligence market is growing slowly but steadily, with the industrial market being the most active sector. Competition in the market is intense and clients are sensitive to both price and turnaround times when selecting providers.
- Technological advances are increasing pressures on firms to provide services faster and more efficiently. The top challenges for firms are intense competition, pricing pressures, and finding new business opportunities.
- The near-term outlook for commercial real estate transactions is cautious, with deals expected to decline over the next two years. Foreign and domestic investment is anticipated to remain strong in growing secondary markets. Interest rates and lending growth are projected to increase modestly.
This presentation describes the current status of vapor intrusion regulation in Texas under existng rules and guidance documents, and points out the ambiguity and case-by-case nature of vapor intrustion regualtion in the State at this time.
Untangling the Web of Confusion Around the ASTM E1527-13 Phase I StandardEDR
Presentation by Anthony J. Buonicore
Fall 2013 DDD Tour
For environmental due diligence firms, 2013 is the year of a new version of the ASTM E 1527 Phase I environmental site assessment standard. And updates to the protocol for Phase I ESAs trigger a period of education and eventually, adjustment. With release of the standard expected in early November, the challenge for environmental due diligence professionals is to be trained and ready to make the switch as soon as the standard is published. How ready is your team to make the transition? What areas are still confusing? Tune into the industry’s leading expert to clear up any confusion on:
-Status of the E1527-13 Standard
-How the E1527-13 Standard differs from the E1527-05 Standard
-Key questions related to:
The new REC/HREC/CREC definitions
Vapor migration screening
Regulatory file review
Phase I pricing
-Implementation suggestions
This document summarizes an EDR webinar on protecting banks from vapor intrusion liability. It provides an overview of the webinar topics and speakers. The webinar aims to educate banks on vapor intrusion, which occurs when chemicals migrate as vapors from contaminated soil or groundwater into overlying buildings. It discusses how vapor intrusion is an increasing liability concern for lenders, especially regarding properties involved in loan originations, foreclosures, and refinances. The webinar provides perspectives from experts and outlines the ASTM vapor intrusion screening standard to help banks assess and manage vapor intrusion risks to their properties and borrowers.
This document summarizes an EDR webinar on protecting banks from vapor intrusion liability. It provides an overview of the webinar topics and speakers. The webinar aims to educate banks on vapor intrusion, which occurs when chemicals migrate as vapors from contaminated soil or groundwater into overlying buildings. It discusses how vapor intrusion is an increasing liability concern for lenders, especially regarding properties involved in foreclosures, refinances or loan originations. The webinar speakers, including environmental consultants and a bank risk manager, intend to help banks implement policies and practices to properly assess and mitigate vapor intrusion risks during environmental due diligence on properties.
Vapor intrusion investigations are now required as part of Phase I ESAs under the revised ASTM E2600 standard. This document outlines the process for conducting a Tier 1 vapor encroachment condition (VEC) screen during a Phase I investigation. The investigator first establishes an area of concern based on the type of contamination and then searches for potential vapor sources. If a source is identified, the investigator makes a determination on whether a VEC exists. If so, they further evaluate whether it represents a recognized environmental condition based on state guidance criteria. Professional judgment is important when making VEC and REC determinations.
Conducting the VEC Investigation for a Phase I - Boston DDDEDR
This document discusses conducting a vapor intrusion evaluation as part of a Phase I Environmental Site Assessment using the newly revised ASTM E2600 standard. It provides an overview of vapor intrusion vs. vapor encroachment and why vapor migration should be considered in a Phase I. It then outlines the process for conducting a Tier 1 vapor encroachment condition screen, including defining the area of concern, identifying known contamination sources, and making a vapor encroachment condition and recognized environmental condition determination. The document emphasizes using professional judgment and all information from the Phase I investigation when conducting the Tier 1 screen.
EDR DDD CHICAGO: CONDUCTING THE VEC INVESTIGATION FOR A PHASE I USING THE NEW...EDR
This document discusses conducting a vapor encroachment condition (VEC) investigation for a Phase I environmental site assessment using the newly revised ASTM E2600 standard. It provides an overview of vapor intrusion vs. vapor encroachment and why vapor migration should be considered in Phase I assessments. It then details how to conduct a Tier 1 VEC screen, including defining the area of concern, identifying known contamination sources, and making a VEC and VEC-to-REC determination using professional judgment. The document emphasizes using the screening to identify whether a vapor-related recognized environmental condition exists requiring further investigation.
- The Chicago due diligence market is growing slowly but steadily, with the industrial market being the most active sector. Competition in the market is intense and clients are sensitive to both price and turnaround times when selecting providers.
- Technological advances are increasing pressures on firms to provide services faster and more efficiently. The top challenges for firms are intense competition, pricing pressures, and finding new business opportunities.
- The near-term outlook for commercial real estate transactions is cautious, with deals expected to decline over the next two years. Foreign and domestic investment is anticipated to remain strong in growing secondary markets. Interest rates and lending growth are projected to increase modestly.
This presentation describes the current status of vapor intrusion regulation in Texas under existng rules and guidance documents, and points out the ambiguity and case-by-case nature of vapor intrustion regualtion in the State at this time.
Untangling the Web of Confusion Around the ASTM E1527-13 Phase I StandardEDR
Presentation by Anthony J. Buonicore
Fall 2013 DDD Tour
For environmental due diligence firms, 2013 is the year of a new version of the ASTM E 1527 Phase I environmental site assessment standard. And updates to the protocol for Phase I ESAs trigger a period of education and eventually, adjustment. With release of the standard expected in early November, the challenge for environmental due diligence professionals is to be trained and ready to make the switch as soon as the standard is published. How ready is your team to make the transition? What areas are still confusing? Tune into the industry’s leading expert to clear up any confusion on:
-Status of the E1527-13 Standard
-How the E1527-13 Standard differs from the E1527-05 Standard
-Key questions related to:
The new REC/HREC/CREC definitions
Vapor migration screening
Regulatory file review
Phase I pricing
-Implementation suggestions
This document summarizes an EDR webinar on protecting banks from vapor intrusion liability. It provides an overview of the webinar topics and speakers. The webinar aims to educate banks on vapor intrusion, which occurs when chemicals migrate as vapors from contaminated soil or groundwater into overlying buildings. It discusses how vapor intrusion is an increasing liability concern for lenders, especially regarding properties involved in loan originations, foreclosures, and refinances. The webinar provides perspectives from experts and outlines the ASTM vapor intrusion screening standard to help banks assess and manage vapor intrusion risks to their properties and borrowers.
This document summarizes an EDR webinar on protecting banks from vapor intrusion liability. It provides an overview of the webinar topics and speakers. The webinar aims to educate banks on vapor intrusion, which occurs when chemicals migrate as vapors from contaminated soil or groundwater into overlying buildings. It discusses how vapor intrusion is an increasing liability concern for lenders, especially regarding properties involved in foreclosures, refinances or loan originations. The webinar speakers, including environmental consultants and a bank risk manager, intend to help banks implement policies and practices to properly assess and mitigate vapor intrusion risks during environmental due diligence on properties.
Update on ASTM Standards Influencing Property Due Diligence EDR
The document summarizes key revisions made to the ASTM E1527-05 Phase I Environmental Site Assessment standard. Major revisions include simplifying the definition of recognized environmental conditions (RECs), adding new definitions for historical RECs and controlled RECs, and clarifying that vapor migration must be considered in Phase I investigations. Other revisions address regulatory file reviews, user responsibilities, and additional investigation of industrial/manufacturing properties. The revisions are meant to provide more clarity and guidance to environmental professionals conducting Phase I ESAs.
Revisions to the ASTM E 1527 Standard: Are You Ready?EDR
The document summarizes upcoming revisions to the ASTM E1527 Phase I Environmental Site Assessment standard, including key changes to the definitions of recognized environmental conditions (RECs), historic RECs, and controlled RECs. It also discusses how the revised standard will clarify that vapor migration must be considered in Phase I investigations, referencing the ASTM E2600-10 methodology for assessing vapor intrusion. The anticipated publication schedule and process for EPA approval of the revised standard is provided.
Upcoming Revisions to ASTM E1527: Are You Prepared for 2013?EDR
The document summarizes upcoming revisions to the ASTM E1527 Phase I ESA standard, including:
- Simplifying the definition of RECs and adding definitions for HRECs and CRECs.
- Clarifying that vapor migration must be considered in Phase I investigations, and that E2600-10 can be used for vapor intrusion assessments.
- Requiring regulatory file reviews when the target property is identified in government records.
- Strengthening user responsibilities around providing information on environmental liens and activity and use limitations.
- Requiring additional historical research for industrial/manufacturing properties.
- Rewriting appendices, including the legal appendix.
Clearing Up the Confusion About the ASTM E 1527-13 Phase I ESA StandardEDR
Presented by EDR’s Dianne Crocker and Pat Coyne at the 1/7/14 meeting of the Environmental Professionals Organization of Connecticut. Content provides an overview of the key areas of change in ASTM’s E 1527-13 Phase I environmental site assessment standard, the reactions from environmental professionals, attorneys, lenders and the U.S. EPA as well as an in-depth look at the challenges of conducting agency file review.
Phase I Environmental Site Assessment Training SeminarBrandon Trate
The document summarizes the key aspects of conducting a Phase I Environmental Site Assessment. A Phase I is used to identify potential environmental contamination and assess liability. It must be performed by an environmental professional according to ASTM standards and involves reviewing property history, current site conditions, and neighboring properties. The Phase I can identify recognized environmental conditions (RECs) and non-scope items requiring further evaluation or remediation through a Phase II assessment. Understanding environmental risks is important for all parties involved in real estate transactions and lending.
The document summarizes a proposed policy for closure of low-threat petroleum underground storage tank sites in California. It outlines general criteria for closure, including confirming that contamination is limited to petroleum and residual levels do not pose risks to groundwater, indoor air, or direct contact. It also describes specific criteria for groundwater, vapor intrusion, and soil exposures to qualify for closure. The policy is undergoing scientific and public review before potential adoption in early 2012.
Panel discussion from the 2013 Client Summit
Pat Coyne, Moderator
Panelists:
John Sallman, Terracon
Julie Kilgore, Wasatch
Kathryn Peacock, Partner Engineering & Science
This document discusses how new regulations in Illinois requiring the evaluation of indoor air vapor intrusion concerns have changed the scope and costs of environmental due diligence. Key points:
1) New IEPA regulations and updated standards now mandate investigating vapor intrusion from contaminated soil and groundwater. This has increased costs for Phase I and II assessments and obtaining no further remediation letters.
2) Evaluating vapor intrusion is now required to obtain an NFR letter from the IEPA, increasing the time and costs associated with the review and approval process.
3) Older NFR letters that do not address vapor intrusion may not provide full assurance about a property's environmental status, as they do not rule out
1. The project description is inadequate as the site plan submitted does not meet safety codes and guidelines. Important details about safety risks and impacts of mitigation measures are not analyzed because the final design will be determined after project approval.
2. The DEIR only partially addresses comments submitted during the scoping process. More response is needed to questions about protecting groundwater and the effectiveness of regulatory oversight.
3. As voters will decide the project but not the EIR adequacy, more information should be provided to allow for an informed decision. Important issues raised in public comments must be addressed in detail.
Direct hydrocarbon indicators (DHIs) can directly detect oil and gas fields by measuring anomalies related to the fields. Traditional exploration tools indirectly detect hydrocarbons through seismic data analysis. DHIs include technologies that measure electromagnetic effects and environmental changes directly above oil and gas accumulations, providing a more direct method to find hydrocarbons with a higher probability of success than traditional exploration.
Grady L. Shields provides legal advice on how underwriting needs to change in today's market. Underwriters should look beyond just price and consider non-scope issues like asbestos. They should also take property condition assessments and potential compliance issues into account as these could threaten a borrower's ability to pay or expose the lender to liability. Underwriters must make it clear borrowers cannot rely on the lender's due diligence. Post-loan, lenders should follow up on issues like brownfields remediation and conduct risk-based due diligence for refinancings.
This document discusses the potential impacts of the Trump administration on brownfield site cleanup and redevelopment. Key points include: regulatory and budget uncertainty at the federal level; proposed cuts to EPA and other agency budgets that support brownfields work; the emphasis on devolving programs to states and private partnerships; and opportunities through continued tax incentives and bipartisan interest in Congress to enhance existing brownfield programs. Overall the outlook presents challenges but also opportunities if state, local, and private actors can help fill gaps in federal support.
The document discusses several business trends for 2017 and beyond, including the rise of millennials, increased automation through technologies like artificial intelligence, trends in urbanization like more companies moving to cities, and the growth of smart cities. It notes key facts about each trend, such as the large size of the millennial population compared to Gen X, the types of jobs that may be automated, how technologies are accelerating mass adoption, and examples of smart city initiatives in areas like transportation, housing, and energy infrastructure.
This document discusses trichloroethylene (TCE) and the risks it poses. It notes that studies have shown TCE in indoor air can harm fetal development, especially during the first trimester of pregnancy. Short term exposure to even low doses of TCE may also present acute hazards. The EPA has proposed limiting TCE use under the Toxic Substances Control Act due to these risks. TCE was formerly used in many consumer products like adhesives, paint strippers, and spot removers. Disclosing TCE risks to tenants can be difficult and monitoring indoor air quality may be needed if subslab levels are high.
The document summarizes key points from a presentation by Robert Parson on real estate appraisals and evaluations from an examiner's viewpoint. It outlines the regulatory framework for appraisals, including the importance of competency over licensure. It also discusses target exam areas such as the selection process, determining when an appraisal is "stale", the business loan exemption, and managing the appraisal threshold. Additionally, it covers the definition and requirements of evaluations, including that they must provide market value and sufficient analysis. Lastly, it stresses that reviews and evaluations should be conducted by competent individuals in a process-driven manner.
The document summarizes key points from a presentation by Robert Parson on real estate appraisals and evaluations from an examiner's viewpoint. It outlines the regulatory framework for appraisals, including the importance of competency over licensure. It also discusses target exam areas such as the selection process, independence, and when appraisals become stale. Additionally, it covers the differences between appraisals, evaluations, and other valuation categories, and emphasizes that evaluations and reviews should be processes conducted by competent individuals rather than simply filling out forms.
This document discusses navigating the commercial real estate technology landscape. It outlines various technology solutions for tasks like loan approval, market intelligence, portfolio management, risk analysis. These include data aggregators, crowd-sourced platforms, workflow and CRM tools. The document also discusses how these solutions have developed from early internet listing services and how full integration of available data sources may shape the future of CRE technology.
This document discusses establishing an effective compliance program at commercial lenders. It notes the intense pressure for cost reduction and revenue growth that requires a coordinated compliance risk management system. An effective program has elements like qualified compliance staff, risk testing, documentation, and addressing regulatory changes. Key elements include compliance resources, testing, responsibility, policies, communication, training, technology, issue reporting, and adapting to new laws. The document provides sources for further information on preparing for and passing regulatory exams and compliance program best practices.
The document discusses strategies for accelerating growth in the environmental consulting industry through organic growth and mergers and acquisitions (M&A). It notes that the global market for environmental consulting services is expected to double to $100 billion by 2020. For companies to achieve strong growth, they need a strategic focus on land, infrastructure, water and energy. Both organic growth and M&A are important, as M&A provides immediate access to new markets and expertise, while organic growth is slow. The document provides tips for companies developing strategic growth plans and M&A strategies.
The document summarizes market trends in Charlotte, North Carolina. It finds that the Charlotte region continues to experience population and job growth, with over 100 people moving to the area each day. This growth is driven by relocations for new jobs and employment opportunities, especially among young professionals. Office and apartment demand remains strong, particularly in urban and transit-accessible areas of downtown and surrounding neighborhoods. While much of the growth has benefited the Charlotte region, some suburban areas further from jobs and transit are struggling to attract commercial investment and pay for rising infrastructure costs from new households.
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The document summarizes key revisions made to the ASTM E1527-05 Phase I Environmental Site Assessment standard. Major revisions include simplifying the definition of recognized environmental conditions (RECs), adding new definitions for historical RECs and controlled RECs, and clarifying that vapor migration must be considered in Phase I investigations. Other revisions address regulatory file reviews, user responsibilities, and additional investigation of industrial/manufacturing properties. The revisions are meant to provide more clarity and guidance to environmental professionals conducting Phase I ESAs.
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The document summarizes upcoming revisions to the ASTM E1527 Phase I Environmental Site Assessment standard, including key changes to the definitions of recognized environmental conditions (RECs), historic RECs, and controlled RECs. It also discusses how the revised standard will clarify that vapor migration must be considered in Phase I investigations, referencing the ASTM E2600-10 methodology for assessing vapor intrusion. The anticipated publication schedule and process for EPA approval of the revised standard is provided.
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The document summarizes upcoming revisions to the ASTM E1527 Phase I ESA standard, including:
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- Clarifying that vapor migration must be considered in Phase I investigations, and that E2600-10 can be used for vapor intrusion assessments.
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Phase I Environmental Site Assessment Training SeminarBrandon Trate
The document summarizes the key aspects of conducting a Phase I Environmental Site Assessment. A Phase I is used to identify potential environmental contamination and assess liability. It must be performed by an environmental professional according to ASTM standards and involves reviewing property history, current site conditions, and neighboring properties. The Phase I can identify recognized environmental conditions (RECs) and non-scope items requiring further evaluation or remediation through a Phase II assessment. Understanding environmental risks is important for all parties involved in real estate transactions and lending.
The document summarizes a proposed policy for closure of low-threat petroleum underground storage tank sites in California. It outlines general criteria for closure, including confirming that contamination is limited to petroleum and residual levels do not pose risks to groundwater, indoor air, or direct contact. It also describes specific criteria for groundwater, vapor intrusion, and soil exposures to qualify for closure. The policy is undergoing scientific and public review before potential adoption in early 2012.
Panel discussion from the 2013 Client Summit
Pat Coyne, Moderator
Panelists:
John Sallman, Terracon
Julie Kilgore, Wasatch
Kathryn Peacock, Partner Engineering & Science
This document discusses how new regulations in Illinois requiring the evaluation of indoor air vapor intrusion concerns have changed the scope and costs of environmental due diligence. Key points:
1) New IEPA regulations and updated standards now mandate investigating vapor intrusion from contaminated soil and groundwater. This has increased costs for Phase I and II assessments and obtaining no further remediation letters.
2) Evaluating vapor intrusion is now required to obtain an NFR letter from the IEPA, increasing the time and costs associated with the review and approval process.
3) Older NFR letters that do not address vapor intrusion may not provide full assurance about a property's environmental status, as they do not rule out
1. The project description is inadequate as the site plan submitted does not meet safety codes and guidelines. Important details about safety risks and impacts of mitigation measures are not analyzed because the final design will be determined after project approval.
2. The DEIR only partially addresses comments submitted during the scoping process. More response is needed to questions about protecting groundwater and the effectiveness of regulatory oversight.
3. As voters will decide the project but not the EIR adequacy, more information should be provided to allow for an informed decision. Important issues raised in public comments must be addressed in detail.
Direct hydrocarbon indicators (DHIs) can directly detect oil and gas fields by measuring anomalies related to the fields. Traditional exploration tools indirectly detect hydrocarbons through seismic data analysis. DHIs include technologies that measure electromagnetic effects and environmental changes directly above oil and gas accumulations, providing a more direct method to find hydrocarbons with a higher probability of success than traditional exploration.
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Grady L. Shields provides legal advice on how underwriting needs to change in today's market. Underwriters should look beyond just price and consider non-scope issues like asbestos. They should also take property condition assessments and potential compliance issues into account as these could threaten a borrower's ability to pay or expose the lender to liability. Underwriters must make it clear borrowers cannot rely on the lender's due diligence. Post-loan, lenders should follow up on issues like brownfields remediation and conduct risk-based due diligence for refinancings.
This document discusses the potential impacts of the Trump administration on brownfield site cleanup and redevelopment. Key points include: regulatory and budget uncertainty at the federal level; proposed cuts to EPA and other agency budgets that support brownfields work; the emphasis on devolving programs to states and private partnerships; and opportunities through continued tax incentives and bipartisan interest in Congress to enhance existing brownfield programs. Overall the outlook presents challenges but also opportunities if state, local, and private actors can help fill gaps in federal support.
The document discusses several business trends for 2017 and beyond, including the rise of millennials, increased automation through technologies like artificial intelligence, trends in urbanization like more companies moving to cities, and the growth of smart cities. It notes key facts about each trend, such as the large size of the millennial population compared to Gen X, the types of jobs that may be automated, how technologies are accelerating mass adoption, and examples of smart city initiatives in areas like transportation, housing, and energy infrastructure.
This document discusses trichloroethylene (TCE) and the risks it poses. It notes that studies have shown TCE in indoor air can harm fetal development, especially during the first trimester of pregnancy. Short term exposure to even low doses of TCE may also present acute hazards. The EPA has proposed limiting TCE use under the Toxic Substances Control Act due to these risks. TCE was formerly used in many consumer products like adhesives, paint strippers, and spot removers. Disclosing TCE risks to tenants can be difficult and monitoring indoor air quality may be needed if subslab levels are high.
The document summarizes key points from a presentation by Robert Parson on real estate appraisals and evaluations from an examiner's viewpoint. It outlines the regulatory framework for appraisals, including the importance of competency over licensure. It also discusses target exam areas such as the selection process, determining when an appraisal is "stale", the business loan exemption, and managing the appraisal threshold. Additionally, it covers the definition and requirements of evaluations, including that they must provide market value and sufficient analysis. Lastly, it stresses that reviews and evaluations should be conducted by competent individuals in a process-driven manner.
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The document summarizes market trends in Charlotte, North Carolina. It finds that the Charlotte region continues to experience population and job growth, with over 100 people moving to the area each day. This growth is driven by relocations for new jobs and employment opportunities, especially among young professionals. Office and apartment demand remains strong, particularly in urban and transit-accessible areas of downtown and surrounding neighborhoods. While much of the growth has benefited the Charlotte region, some suburban areas further from jobs and transit are struggling to attract commercial investment and pay for rising infrastructure costs from new households.
The document summarizes market trends in Charlotte, North Carolina. It finds that the Charlotte region continues to experience population and job growth, with over 100 new residents moving in daily. Office and apartment demand remains strong, driven by household growth and an expanding job market concentrated in technology. However, growth is uneven across the region, with some suburban areas struggling to attract jobs and development. The document suggests Charlotte is following national trends of preferring mixed-use, transit-accessible development that integrates living, working, and recreation.
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Myths and Misconceptions about Screening for Vapor Migration in Phase Is
1. Misconceptions with Vapor Migration
Screening using ASTM E 2600-10 in a
Phase I
by
Anthony J. Buonicore, P.E., DEE, QEP
CEO, The Buonicore Group
Chairman, ASTM Vapor Intrusion Task Group
for presentation at
EDR Due Diligence at Dawn Seminar
Spring 2012
2. Overview
Top 10 Misconceptions about E 2600-10
Suggested Steps for Conducting a Tier 1 VEC
Screen as part of a Phase I
Considerations in Making a VEC-REC
Determination
3. Misconception #1
“Vapor migration screening is not
part of a Phase I unless the client
asks for it or the state where the
property is located has vapor
intrusion regulations. Moreover,
E 2600-08 says it is optional.”
4. WRONG!
E 2600-08 has been superceded by E 2600-10
CERCLA definition of release of hazardous
substances includes “emitting” and “escaping” into
the environment (which includes “into subsurface
strata.”
AAI Rule says EP must provide “an opinion as to
whether the inquiry has identified conditions
indicative of releases or threatened releases of
hazardous substances…on, at, in or to the property.”
5. WRONG!
ASTM E 1527 definition of a REC includes “presence or
likely presence of any hazardous substances or petroleum
products…indicate an existing release, a past release or a
material threat of a release…into structures…into the
ground…”
CERCLA, AAI and the REC definition do not differentiate
“releases” by media, i.e., solid, liquid or vapor.
E 1527 is currently being revised to clarify that vapor
migration must be treated no differently than contaminated
groundwater migration in a Phase I…
6. E 1527 Ballot Revisions Clarifying that Vapor Migration is to
be Treated No Differently than Contaminated Groundwater
Migration
CERCLA definitions of “release” and “environment” added
E 2600-10 specifically referenced in Documents Section
Definition of “migration” added: “movement of hazardous substances
or petroleum products in any form, including solid and liquid at the
surface or subsurface, and vapor in the subsurface” and specifically
mentioned in a number of sections in the standard
Regulatory agency files should be reviewed if the property or
adjoining identified in records research if EP judges that it is
warranted – would assist in evaluating potential impact of vapor
migration from nearby sites that have been “remediated” without
vapor pathway considered
Non-scope considerations – Indoor Air Quality – clarified to say
“unrelated to releases of hazardous substances or petroleum products
7. Misconception #2
“ The REC definition includes
releases or threatened releases
“into structures” on the property.
This mean that vapor intrusion
into structures needs to be
evaluated in an ASTM E 1527
Phase I.”
8. WRONG!
Vapor intrusion assessment involves an indoor air quality
evaluation. E 1527 specifically identifies indoor air quality as
a “non-scope consideration” in a Phase I.
If a VEC exists or is likely or cannot be ruled out, and the
EP determines that it represents a REC in the Phase I, a
follow-on investigation can be conducted to evaluate the
potential for vapor intrusion.
If it is determined that a VEC can be ruled out because it
does not exist or is unlikely to exist, then the issue of
whether vapors may intrude into structures on the property
is moot.
9. Misconception #3
“ If a VEC exists or is likely to
exist, there is no way to close a
deal without an extensive site
investigation that will probably
kill the deal.”
10. WRONG!
If a VEC exists or is likely to exist or cannot be ruled out,
the deal can still be closed by doing “pre-emptive
mitigation.”
Since vapor intrusion mitigation measures can be estimated
reasonably accurately (generally in the $2 – $7/SF range,
depending on mitigation measure), this cost can be used to
adjust the deal price similar to the way that the presence of
asbestos has been used to adjust the deal price (since
asbestos removal costs can also be estimated reasonably
accurately).
The cost to pre-emptively mitigate can be much less than
the cost to conduct a VI site investigation to determine if a
11. Misconception #4
“Both Tier 1 and Tier 2
screening in E 2600-10 must be
conducted to evaluate vapor
migration.”
12. WRONG!
Tier 1 was designed as the methodology for
vapor migration evaluation in a Phase I.
If a VEC exists or is likely or cannot be
ruled out based upon the Tier 1 evaluation,
Tier 2 was designed as the suggested follow-
up (effectively equivalent to a “vapor” Phase
II).
13. Misconception #5
“Using the distances specified in
Tier 1 to identify the area of
concern results in too many sites
that need evaluating. This can
take significant time.”
14. WRONG!
The Tier 1 distances for the AOC are just the
starting point. They conservative and represent 90th
percentile plume lengths and widths!
The EP can reduce the Tier 1 distances significantly
using professional judgment, e.g., with respect to
groundwater flow direction, soil characteristics,
intercepting utility corridors, etc.
When the AOC is minimized using professional
judgment, there will be far fewer sites that need to
be evaluated further.
16. WRONG!
Only for HUD multifamily Phase Is!
(Note: HUD projects involve residential properties where
virtually all the vapor intrusion litigation can be found.)
More often than not, VECs will not be RECs.
More often than not, a known or suspect contaminated
site (with potential vapor migration) located nearby
and up-gradient from the TP would have been judged
a REC anyway from a groundwater migration
viewpoint (irrespective of the additional concern over
vapor migration).
More on this later!
18. WRONG!
If vapor migration evaluations are only performed on RECs, then
the implicit assumption is that only contaminated groundwater
migration will be considered to determine if there is a REC. This
will eliminate conditions that become RECs solely because of the
potential for vapor migration.
For example…
If vapor migration is not being considered, a down-gradient nearby
(but not adjacent) dry cleaner would not likely be considered a REC
since the contaminated groundwater plume would be moving away
from the TP. However, today it may be considered a REC solely
based upon vapor migration potential (vapor migration does not
have to follow groundwater direction, but rather the path of least
resistance which can be opposite groundwater flow direction).
20. WRONG!
The best guidance is the REC definition
itself and specifically the de minimis
definition
Two conditions for de minimis
- not a threat to human health and the environment AND
- would not be subject of an enforcement action if brought
to the attention of appropriate government agencies
De minimis conditions are not RECs
More on this later!
22. WRONG!
For Tier 1 screening, distances are
measured from a known or suspect
contaminated site to the target property
boundary
If vapors are likely to penetrate the
property boundary, then a VEC is likely
irrespective of the status of the property
Future use comes into play more often
than not with determining if the VEC is a
REC
24. WRONG!
State guidance focuses on vapor intrusion assessment
(and vapor migration from the source of contamination –
could be from the edge of a contaminated soil or
groundwater plume - to the building)
E 2600-10 focuses on the potential for vapors to encroach
upon the property, i.e., vapor migration from a known or
suspect contaminated site to encroach upon the TP
boundary
E 2600-10 complements state guidance in that it
effectively acts as a screening tool
If a VEC exists or is likely or cannot be ruled out, state
guidance can assist in determining if the VEC is a REC
25. The jury is still out on…
“Dealing with nearby remediated/closed/NFA sites
where vapor pathway was NOT taken into
consideration.”
Is it necessary to review the regulatory files?
E 1527 Task Group has proposed for the 2013 revision to
require the EPs to review pertinent regulatory files on nearby
properties that in their judgment have the potential to impact
the target property!
26. Suggested Steps for Conducting a
Tier 1 VEC Screen
(assuming no preferential pathways direct to the TP from contaminated sites)
1. Identify AOC and minimize to the maximum
extent possible based on experience
● Start out with 1/3rd mile or 1/10th mile (for petroleum hydrocarbons), BUT
● Can reduce significantly when GW flow direction known or can be inferred
(from topographical data or nearby Phase II data or hydrologic data, etc.)
● Can further reduce by using professional judgment based on local knowledge
● Hydraulic barriers (such as rivers and wetlands)
● Sub-surface man-made physical barriers (preventing vapors
from reaching TP such as utility lines in a main road that can intercept
migrating vapors moving toward a TP)
● Sub-surface natural barriers (preventing vapors from reaching the TP
such as confining layers, e.g., low permeability soil (e.g., clay layer) or
fresh water lens
27. Net Reduction in AOC for Tier 1 Screening of
Known or Suspect COC SOURCES
E 2600-10 w/
Source Location E 2600-10 Buonicore Methodology*
Up-gradient 1,760’ 1,760’
Down-gradient 1,760’ 100’
Cross-gradient 1,760’ 365’
* Buonicore, A.J. , Methodology for Identifying the Area of Concern Around a Property Potentially Impacted by Vapor Migration
from Nearby Contaminated Sources, Paper No. 2011-A-301, Proceedings, Air & Waste Management Association, 104th Annual
Sources, Proceedings,
Meeting, Orlando, Florida, June 20-24, 2011.
28. Net Reduction in AOC for Tier 1 Screening of
Known or Suspect PHC SOURCES
E 2600 Revised w/
Source Location E 2600-08 Buonicore Methodology*
Up-gradient 528’ 528’
Down-gradient 528’ 100’ (LNAPL)
30’ (dissolved)
Cross-gradient 528’ 165’ (LNAPL)
95’ (dissolved)
* Buonicore, A.J. , Methodology for Identifying the Area of Concern Around a Property Potentially Impacted by Vapor Migration
from Nearby Contaminated Sources, Paper No. 2011-A-301, Proceedings, Air & Waste Management Association, 104th Annual
Sources, Proceedings,
Meeting, Orlando, Florida, June 20-24, 2011.
29. Conducting a Tier 1 VEC Screen cont’d
2. Are there any known or suspect COC-
contaminated sites in the EP-defined AOC?
● Government records
● Historical research
● Other (?)
3. Evaluate each site remaining in the EP-defined AOC
● Remediation status?
● Did remediation consider vapor pathway?
● Review AULs – contamination left on-site?
● Other (?)
30. Conducting a Tier 1 VEC Screen cont’d
4. Identify VEC status
● exists (physical evidence)
● likely (within close proximity, e.g., two properties?)
● can not be ruled out (further away, beyond two
properties?)
● can be ruled out because it does not or is unlikely
to exist
5. If VEC can be ruled out, vapor migration evaluation is
completed
31. Conducting a Tier 1 VEC Screen cont’d
6. If VEC exists/likely/cannot be ruled out,
determine if VEC is a REC
● “De minimis” (?)
● Apply state VI guidance criteria (?)
● Other (?)
7. If VEC is a REC, E 2600-10 Tier 2 provides a
suggested vapor migration scope-of-work for follow-
on investigation in Phase II (may also be part of a Phase
II investigation into potential groundwater
contamination)
33. Considerations
What is the depth to contaminated groundwater?
For example, VEC may exist or be likely because of
groundwater contamination on or near the TP, but a REC (due
to vapor migration) may not exist (under the de minimis
condition clause) because the depth to groundwater may be greater
than the applicable ASTM critical distance or distance identified
in state VI guidance. [Of course, the presence of contaminated
groundwater in and of itself may result in a REC anyway.]
34. Considerations cont’d
Where is the nearest structure on the TP with
respect to the contaminant plume? For example,
VEC may exist or be likely because of groundwater
contamination on or near the TP, but a REC (due to vapor
migration) may not exist (under the de minimis condition clause)
because the distance between the structure and the edge of the
contaminated plume may be greater than the distance specified in
state VI guidance. [Of course, the presence of contaminated
groundwater in and of itself may result in a REC anyway.]
35. For example…
● NJDEP VI Guidance: distance horizontally or vertically
between the nearest edge of the contaminated
groundwater plume and the nearest structure on the TP,
equal to
●100’ for COC or LNAPL PHC-COC
● 30’ for Dissolved PHC-COC
36. For example…
● State of Colorado is concerned when:
● Building “directly over or immediately adjacent
to a subsurface source of contamination”
● Building “within one or two properties of the
plume boundary or approximately 100 ft.”
● Colorado Indoor Air Guidance, September 2004: distance
horizontally or vertically between the nearest edge of the
contaminated groundwater plume and the nearest structure on the
TP, equal to
● 100’ for COC or LNAPL PHC-COC
37. Considerations cont’d
What is the contaminant concentration? For
example, a VEC may exist or be likely because of groundwater
contamination on or near the TP, but a REC (due to vapor
migration) may not exist (under the de minimis condition clause)
because the volatile contaminant concentration is below the state
risk screening level for groundwater. [Of course, the presence of
contaminated groundwater in and of itself may result in a
REC anyway.]
38. Considerations cont’d
How has the structure on the TP been designed? For
example, a VEC may exist or be likely because of groundwater
contamination on or near the TP, but a REC (due to vapor migration)
may not exist (under the de minimis condition clause) because the structure
has been designed to be intrinsically safe from chemical vapor intrusion,
i.e., no vapor pathway to potential human receptors. Examples might
include a building designed to operate 100% of the time under positive
pressure, or condos with open-air parking directly below the units, or
buildings with radon mitigation systems. [Of course, the presence of
contaminated groundwater in and of itself may result in a REC
anyway.]
39. Where are there more likely to be
RECs based solely on vapor migration
considerations?
Down-gradient known or suspect contaminated
sites
Cross-gradient known or suspect contaminated
sites
Vapor migration takes the path of least resistance
no matter what direction it is!
40. Where is it more likely that what
caused a VEC would have been
viewed as a REC anyway even if
vapor migration was not considered?
Up-gradient known or suspect contaminated sites
41. VEC-REC determination is impacted by:
State VI Guidance and E 1527-05 de
minimus criteria in REC definition
Soil characteristics, subsurface confining
layers and depth to water table
Hydraulic barriers
Physical barriers
Building design and location on property
Building operation
42. Bottom Line
EP must consider vapor migration no differently than the
way contaminated groundwater migration is considered in a
Phase I
EP can evaluate vapor migration using whatever
methodology the EP determines to be appropriate (if not E
2600-10, then EP needs to document “alternative”
methodology and include documentation in the Phase I)
E 2600-10 Tier 1 screening methodology is an industry
consensus methodology
E 2600-10 allows for EPs professional judgment and is
therefore able to “cover” virtually any “alternative” vapor
migration methodology (making a strong case for using E 2600-10)
43. Bottom Line
If E 2600-10 Tier 1 screening indicates a VEC, EP must
then decide as part of Phase I if VEC constitutes a REC
- RECs can only be identified through the ASTM
E 1527-05 standard practice
- RECs do not include de minimis conditions
E 2600-10 Tier 2 provides a suggested follow-on
investigation of a Tier 1 VEC