Wednesday, February 16, 2011

Comparison Between Phase 1 ESA and Property Condition Assessment

How does a Property Condition Assessment differ from a Phase I Environmental Site Assessment (ESA)?

In 2008, ASTM published “Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process” (ASTM E 2018-08) to define the process for conducting a Property Condition Assessment (PCA).

Actually, a PCA and an ESA have only minimal overlap, and are often complimentary. An ESA is performed to identify “Recognized Environmental Conditions (REC), which are related to releases or threatened releases of petroleum products and hazardous substances. An ESA report also has some specific regulatory aspects, related to Landowner Liability Protections (LLP). [Read more about LLPs]. ESA must be performed by “Environmental Professionals” meeting specific qualifications [Read more about qualification requirements].

If you are purchasing real estate and are concerned about environmental liabilities, a Phase I ESA is needed.

A PCA is also a type of due diligence, pre-purchase, pre-lease, or post-lease inspection. However, the PCA evaluates the physical condition of buildings, systems and equipment at the property. A PCA identifies “red flags”. There are no specific qualifications required for persons performing PCAs. Because if this, there is no guarantee that the assessor’s qualifications will meet the client’s needs, simply because the assessor uses the ASTM standard.

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, February 7, 2011

Vapor Intrusion To Be Added To SUPERFUND Ranking

U.S. EPA is proposing to amend the ranking system used to assess potential “Superfund” sites to include potential vapor intrusion. The Hazard Ranking System (HRS), required by the Superfund statute, is the primary mechanism used by EPA to assess the relative threat associated with actual or potential releases of hazardous substances.

The HRS includes four scoring pathways - ground water, surface water, air and soil exposure. Additional pathways have been identified by EPA as posing significant threats to human health and the environment, and one such pathway is vapor intrusion. Vapor intrusion occurs when contaminants enter into indoor spaces, generally residences, from environmental sources such as contaminated ground water or contaminated soil.

Historically, EPA's Superfund program has responded to vapor intrusion contamination by two mechanisms: (1) through its emergency response program at sites not on the NPL, or (2) through sites placed on the NPL because of other pathway-related risks. In May 2010, the Government Accountability Office (GAO) issued a report that concluded that if vapor intrusion sites are not assessed and, if needed, listed on the NPL, some seriously contaminated hazardous waste sites with unacceptable human exposure may not otherwise be cleaned up. In response, EPA is proposing to add a new HRS pathway so that sites with vapor intrusion contamination can be evaluated for inclusion on the NPL.

EPA initiated rulemaking in January 2011, and currently expects final rules to be completed by January 2012.

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