Thursday, August 25, 2016

Owner and Lender Responsibilities Under Ohio Cessation of Regulated Operations Program

The Ohio Cessation of Regulated Operations (CRO) program was first created in 1996 and places requirements for notifications if facilities cease or temporarily cease operations where hazardous materials are used or stored.


Who is subject to CRO rules? All facilities in Ohio that use or store hazardous materials which are reportable under EPCRA Tier 2 reports. It is estimated that more than 7,000 facilities are potentially subject to CRO rules.


What does Cessation of Regulated Operations mean? "Cessation of Regulated Operations" means the discontinuation or termination of regulated operations or the finalizing of any transaction or proceeding through which those operations are discontinued.


What are Regulated Operations? “Regulated Operations" means the production, use, storage or handling of regulated substances, including Extremely hazardous substances (EHS), Hazardous substances, Flammable substances; or Petroleum.


What are facilities required to do? Within 30 days from the CRO you must:
  • Submit a notice of CRO on a form prescribed by the director to Ohio EPA, Local Emergency Planning Committee (LPEC) and local fire departments where the facility is located;
  • Designate a contact person;
  •  Secure and post warning signs around areas that contain or are contaminated with a regulated substance; and
  • Maintain security and warning signs
Within 90 days of the CRO you must:
  • Submit to the Ohio EPA the most recent emergency and hazardous chemical inventory form submitted to the SERC;
  • Submit to the Ohio EPA a current OSHA hazardous chemical list or SDS for each chemical at the facility required to be on file with the SERC;
  • Submit to the Ohio EPA a list of every stationary tank, vat, electrical transformer and vessel that will remain at the facility that contains or is contaminated with a regulated substance prior to or at the time of cessation;
  • Drain and remove all regulated substances from each stationary tank, vat, electrical transformer and vessel and from all piping;
  • Dispose, sell or transfer the regulated substances off-site;
  • Transfer off-site all debris, non-stationary equipment, furnishings, containers, motor vehicles and rolling stock that contain or are contaminated with a regulated substance; and
  • Certify that the actions required in the previous three items have been completed.
After you submit the certification, Ohio EPA must conduct an inspection to determine compliance with the CRO rules.


If I am a lender or security holder, what must I do? The holder of first mortgage and a fiduciary of a reporting facility both have specific statutory duties under Ohio law. No later than 15 days after the first mortgage holder receives a notice of abandonment and within 60 days after the fiduciary receives a notice of cessation of regulated operations, the holder and fiduciary are required to do the following if the operator fails to take the required steps under the CRO program. You must secure and post warning signs around areas that contain or are contaminated with regulated substances, maintain security and warning signs; and submit a notice of abandonment to Ohio EPA, the LEPC and the local fire department. Thirty days before filing the release of the mortgage and/or releasing all rights to the facility and ending security and warning measure, you must notify Ohio EPA, the LEPC and the local fire department where the facility is located.




Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Sunday, August 7, 2016

Wisconsin Phase 2 Vapor Encroachment Study - Tier I Vapor Encroachment Screening Assessment

In 2013, US EPA determined that exposure due to vapor intrusion, also referered to as vapor encroachment, needed to be evaluated prior to closure of federal CERCLA sites. In response, many States now include vapor intrusion in site investigations for closure of LUST, LAST and voluntary cleanup sites run by the State. In practice, this has resulted in reassessment of numerous closed sites, and investigation of soil vapor on nearby sites.


Caltha LLP provides expert technical support to conduct vapor intrusion investigations in Wisconsinin conformance with WDNR guidelines and soil vapor intrusion screening values. Caltha conducts Tier I Vapor Encroachment Screening Assessment in accordance with ASTM Standard  E2600-10.


Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Tier I Vapor Encroachment Screening Assessment ASTM Standard E2600-10 For Iowa Properties

In 2013, US EPA determined that exposure due to vapor intrusion, also referered to as vapor encroachment, needed to be evaluated prior to closure of federal CERCLA sites. In response, many States now include vapor intrusion in site investigations for closure of LUST, LAST and voluntary cleanup sites run by the State. In practice, this has resulted in reassessment of numerous closed sites, and investigation of soil vapor on nearby sites.


Caltha LLP provides expert technical support to conduct vapor intrusion investigations in Iowa conformance with Iowa DNR guidelines and soil vapor intrusion screening values. Caltha conducts Tier I Vapor Encroachment Screening Assessment in accordance with ASTM Standard  E2600-10.

Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Vapor Intrusion Investigations In Minnesota Using MPCA Vapor Encroachment Guidelines

In 2013, US EPA determined that exposure due to vapor intrusion, also referered to as vapor encroachment, needed to be evaluated prior to closure of federal CERCLA sites. In response, many States now include vapor intrusion in site investigations for closure of LUST, LAST and voluntary cleanup sites run by the State. In practice, this has resulted in reassessment of numerous closed sites, and investigation of soil vapor on nearby sites.




Caltha LLP provides expert technical support to conduct vapor intrusion investigations in Minnesota in conformance with MPCA guidelines and soil vapor intrusion screening values. Caltha conducts Tier I Vapor Encroachment Screening Assessment in accordance with ASTM Standard  E2600-10.






Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Sunday, December 15, 2013

Phase 1 Environmental Assessments, Transaction Screening, Records Review With Risk Assessment, and Phase 2 Limited Site Investigations for MN, WI & IA bank

Caltha LLP Project Summary

Project: Phase 1 Environmental Assessments, Transaction Screening, Records Review With Risk Assessment, and Phase 2 Limited Site Investigations
Client: Regional Bank
Location(s): Minnesota, Wisconsin, Iowa

Key Elements: Phase I Environmental Review, Transaction Screening, RSRA, Phase II Studies

Overview: Caltha is a preferred provider of environmental due diligence services to this regional bank. Caltha preforms numerous Phase 1 ESA (ASTM E 1527), Transaction Screens (ASTM E1528) and Records Review With Risk Assessment (RSRA) for the multiple branches of the bank each year. Many of these assessments are conducted to meet environmental review requirements of the US Small Business Administration (SBA) which also require a SBA Reliance Letter. Depending on the results of the preliminary screening assessments, Caltha also performs Phase 2 Environmental Site Investigations and advises the bank on potential lender liability protections available through State agencies.

For more information on Caltha LLP services, go to the Caltha Contact Page

Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Phase II Environmental Investigation of Gas Station in Minneapolis - St Paul Metro Area

Caltha LLP Project Summary

Project: Phase II Limited Site Investigation at Gas Station
Client: Regional Bank
Location(s): Minnesota

Key Elements: Soil and Groundwater Investigation

Overview: Caltha LLP was retained by a prospective lender to conduct a soil and groundwater investigation for this gas station located in Minnetonka, Minnesota. The investigation was required under internal bank policies which prescribed a site investigation be conducted prior to issuing loans on any current or former gas station properties. The gas station had been in business for many years and had previously reported leaking tanks; the LUST site had been cleaned up and closed, but it was anticipated that the Phase 2 may encounter residual contamination which had been allowed to remain on-site at the time the LUST was closed. As expected, some petroleum impacted soil was found at the site, but it could be determined that additional no releases had occurred since the previous LUST was closed. The bank was able to use the results of the investigation to determine that risks associated with the gas station had been addressed and the bank was able to enter into a loan agreement with a new buyer.

For more information on Caltha LLP services, go to the Caltha Contact Page

Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Phase 1 Environmental Assessment and Compliance Review For Racine, WI Facilities

Caltha LLP Project Summary

Project: Environmental Due Diligence, Phase 1 ESA and Compliance Assessment For Operations Near Racine, Wisconsin
Client: Real Estate Holding Company
Location(s): Wisconsin

Key Elements: Pre-acquisition Due Diligence, Phase I Environmental Assessment, Permit Review

Overview: Caltha was retained by this Real Estate Holding Company to conduct environmental due diligence of three properties located near Racine, Wisconsin they intended to acquire and continue to operate. Caltha staff conducted a Phase 1 ESA in accordance with ASTM standard practice E 1527-05. The ESA was augmented with a review of business risks associated with the acquisition and operation of these three existing businesses. Although no Recognized Environmental Conditions were identified, several business risks were revealed, including lack of spill prevention and control measures required under Federal rules, and lack of a State air emission permit for certain VOC emitting sources. Caltha recommended that both deficiencies be addressed prior to closing.

For more information on Caltha LLP services, go to the Caltha Contact Page

Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Saturday, November 30, 2013

Final Standard For Conducting Phase 1 ESA, Phase I Environmental Assessment

The revised ASTM "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" has been published in final form in November 2013. Caltha LLP is now conducting all Phase 1 ESAs using the revised standard. Two of the key requirements that are significantly different compared to previous versions of this standard are:
  1. Requirement for physical review of agency file. If relevant information which may be useful in the assessment is only accessible in agency files, then a file review needs to be conducted.
  2. The standard now specifies three different categories for Recognized Environmental Conditions:
    • ASTM E 1527-13 defines recognized environmental conditions the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.
    • A historical recognized environmental condition is a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls.
    • A controlled recognized environmental condition is a recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls.
Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Monday, April 22, 2013

Chemical and Petroleum Vapor Intrusion Guidance Documents

US EPA has released two draft final vapor intrusion guidance documents for public review and comments through May 24, 2013. The agency says it is working to issue final subsurface vapor intrusion guidelines so that they can be applied in forthcoming decisions.

EPA's Office of Solid Waste and Emergency Response (OSWER) released its draft Final Guidance for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Sources to Indoor Air for external review. The document describes a recommended framework for assessing vapor intrusion that relies on collecting and evaluating multiple lines of evidence to support risk management decisions. It also provides guidance on monitoring and terminating building mitigation systems.

The second draft guidance document is from EPA's Office of Underground Storage Tanks. The Guidance for Addressing Petroleum Vapor Intrusion at Leaking Underground Storage Tank Sites focuses on underground storage tanks (USTs) typically located at gas stations and non-marketing facilities regulated under Subtitle I of the Solid Waste Disposal Act. The guidance states that assessing the potential for petroleum vapor intrusion is an integral part of the response to a suspected or confirmed released from a regulated UST system. At any leaking UST site, it is important to have a thorough understanding of the release and other factors that may influence how contaminants disperse and impact human health and safety.


Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Tuesday, January 8, 2013

SuperFund Liability Protections Extended To Qualified Property Tenants

EPA is extending liability relief for tenants leasing property on brownfields or other contaminated properties, in response to liability concerns raised by developers who wish to participate in an EPA effort to place renewable energy projects on potentially contaminated land. EPA has issued new guidance that broadens a measure passed in a 2002 brownfields statute designed to protect bona fide prospective purchasers (BFPPs) from cleanup liability at contaminated sites, permitting tenants to qualify for BFPP safeguards even if the property owner is not a BFPP.

The protections extended by the guidance are found in section 107(r) of the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA). The new guidance directs EPA to provide the liability protections via the application of enforcement discretion aimed at treating certain tenants as BFPPs under CERCLA. EPA may refuse to exercise enforcement discretion where the lease is designed to allow a landlord or tenant to avoid CERCLA liability or the tenant is liable for reasons beyond its tenant status, such as for arranging for hazardous substance disposal at the site. The amended guidance places greater onus on tenants to satisfy BFPP criteria, especially demonstrating that all disposal of hazardous substances occurred before execution of the lease.

What are BFPP Criteria?

Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements.
To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website