5. .......GLEAssociates,Inc.
Environmental Due Diligence
Overview
Why complete Environmental Due Diligence?
Types of Due Diligence
Phase I, Phase II, and Phase III ESA Process
SBA Guidance – Environmental Risk Management
Sources of Error on Phase I ESA Process
Vapor Intrusion
Questions
9. Types of Environmental
Due Diligence
.......GLEAssociates,Inc.
Phase I ESA Process ASTM E 1527-05
Phase II ESA Process ASTM E1903-97
Phase III ESA Process
Remediation Action Plan
10. Phase I ESA
Process ASTM 1527-05
.......GLEAssociates,Inc.
Definition:
“The purpose of this practice is to define good commercial and customary
practice in the United States of America for conducting an environmental
site assessment of a parcel of commercial real estate with respect to the
range of contaminants within the scope of Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601) and
petroleum products. As such, this practice is intended to permit a user to
satisfy one of the requirements to qualify for the innocent landowner,
contiguous property owner, or bona fide prospective purchaser limitations
on CERCLA liability (hereinafter, the “landowner liability protections,” or
“LLPs”): that is, the practice that constitutes “all appropriate inquiry into
the previous ownership and uses of the property consistent with good
commercial or customary practice.”
11. Phase I ESA
Process ASTM 1527-05
.......GLEAssociates,Inc.
Goal of a Phase I ESA:
CERCLA Liability Protection
Determination of “Recognized Environmental Concern”
Determination of “Business Environmental Risk”
12. Phase I ESA
Process ASTM 1527-05
.......GLEAssociates,Inc.
Definitions (con’t):
Recognized Environmental Conditions “the presence or
likely presence of any hazardous substances (HS) 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, ground water, or
surface water of the property. The term includes hazardous
substances or petroleum products even under conditions in
compliance with laws.”
13. Phase I ESA
Process ASTM 1527-05
.......GLEAssociates,Inc.
Definitions:
Business environmental risk “a risk which can have a
material environmental or environmentally-driven impact
on the business associated with the current or planned use of
a parcel of commercial real estate, not necessarily limited to
those environmental issues required to be investigated in
this practice. Consideration of business environmental risk
issues may involve addressing one or more non-scope
considerations.”
14. Phase I ESA
Process ASTM 1527-05
.......GLEAssociates,Inc.
What is included in a Phase I ESA Report:
Records Review
– Regulatory database search
– Regulatory agency file review
Historical Use
– Aerial Photographs
– Sanborn Maps
– City Directory Review
– Land Title Records
– BuildingProperty Tax Records
– Zoning Land Use Records
15. Phase I ESA
Process ASTM 1527-05
.......GLEAssociates,Inc.
What is included in a Phase I ESA Report:
Site Visit
– Visually and physically observe the property
– Currentpast use of property and adjoining properties
– Color Photographs
– Site Plan
Interviews
– Current Property OwnersOperatorsOccupants
– Local Government Officials
16. Phase I ESA
Process ASTM 1527-05
.......GLEAssociates,Inc.
Limitations of a Phase I ESA Report:
Out of Scope Items
– Sampling
– Asbestos, Lead, Mold, Radon
– Cultural or Historical Resources
– Wetlands, Ecological Resources, or Endangered Species
– Health, Safety, or Regulatory Compliance
– Checking Title Records for Environmental Liens or Land Use
Restrictions
– Property Appraisal or Review of Purchase Price
17. Phase I ESA
Process ASTM 1527-05
.......GLEAssociates,Inc.
Limitations of a Phase I ESA Report (con’t):
Phase I ESA report, per the standard,
− Is only good for 180 days,
− At which point an update will need to be
performed
18. Phase II ESA
Process ASTM E1903-97
.......GLEAssociates,Inc.
Follow-up investigation based on the results of the Phase
I ESA
Scope is determined by Environmental Professional to
properly address “Recognized Environmental
Conditions” and “Potential Environmental Concerns”
Typically includes soil and groundwater sampling on the
subject property for laboratory analysis
Results of laboratory analysis compared to local, state
and federal regulatory guidelines
19. Phase III ESA Process
.......GLEAssociates,Inc.
Goal – to determine the horizontal and vertical extent of
contaminations impacts in order to estimate the method
and cost of cleanup
Typically includes additional soil and groundwater
sampling and laboratory analysis
Results of laboratory analysis compared to local, state
and federal regulatory guidelines
Development of a Remedial Action Plan
20. For a copy of our complete presentation or to
schedule a lunch n’ learn please contact us at:
info@gleassociates.com
1-888-453-4531
www.gleassociates.com
Contact Us
