Environmental Assessment of Rural Agricultural Or Forestland Properties

Conducting a Phase 1 Environmental Site Assessment for a large, predominately undeveloped property presents special challenges when using the ASTM Standard Method E 1527 (Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process). A different ASTM Standard, E 2247 – 08 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property) was developed to address these issues. The purpose of E 2247 – 08 standard is to define good procedures for conducting a Phase I environmental site assessment of forestland or rural properties. To qualify for use of the ASTM standard, the property needs to meet certain criteria relating to size and land uses.

Like other ASTM standard practices, a valid ESA must be conduct by professionals meeting specific qualification requirements.

As with other ASTM standards for Phase I Environmental Site Assessments, the standard only addresses 1) contaminants within the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and 2) petroleum products. Persons using the ESA report might want to consider additional issues which are outside the scope of the Phase I ESA, including:

• Asbestos-Containing Building Materials,
• Best Management Practices,
• Radon,
• Lead-Based Paint,
• Lead in Drinking Water,
• Wetlands,
• Regulatory compliance,
• Cultural and historic resources,
• Industrial hygiene,
• Health and safety,
• Ecological resources,
• Endangered species,
• Indoor air quality,
• Biological agents, and
• Mold.
  

Caltha LLP assists 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

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EPA Takes Public Comment On All Appropriate Inquiry Standard

The U.S. Environmental Protection Agency’s (EPA’s) Office of Solid Waste and Emergency Response (OSWER) has scheduled a listening session on EPA’s All Appropriate Inquiries standards, as promulgated as a final rule on November 1, 2005. The All Appropriate Inquiries rule (70 FR 66070) sets federal standards and practices for conducting all appropriate inquiries, as required under Sections 101(35)(B)(ii) and (iii) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).


The listening session will be held on March 17, 2010, from 9:30 a.m. to 12:00 (noon). The listening session will take place in room 1153 of the EPA East Building at 1201 Constitution Ave. NW, Washington D.C.


The purpose of the session is for EPA to listen to the views of stakeholders and the general public on the current standards and practices for all appropriate inquiries. EPA wants to provide stakeholders and the general public an opportunity to comment on the current implementation of the standards.


The listening session is open to the general public. Anyone wishing to provide their views to EPA on the rule, or to listen to the views of other parties, are invited to attend the listening session. Any person may speak at the listening session; however, EPA encourages those planning to make oral comments to pre-register with the Agency.

Caltha LLP assists 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

Who Can Conduct Phase I ESA - All Appropriate Inquiries

The individual who supervises or oversees the conduct of the AAI investigation or Phase 1 Environmental Site Assessment and signs the final report required in the AAI regulation must meet the definition of an “Environmental Professional” provided in the AAI Final Rule (40 CFR §312.10).

Caltha LLP assists 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

When Must All Appropriate Inquiries Be Conducted?

When must All Appropriate Inquiries be conducted?


All Appropriate Inquiries must be conducted or updated within one year prior to acquiring ownership of a property. Certain aspects or provisions of All Appropriate Inquiries (i.e., interviews of current and past owners, the review of government records, the on-site visual inspection, and searches for environmental cleanup liens) must be conducted or updated within 180 days prior to acquiring ownership of a property .

Caltha LLP assists 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

What is All Appropriate Inquiry?

“All Appropriate Inquiries,” or AAI is the process of conducting due diligence or a Phase I Environmental Site Assessment to determine prior uses and ownership of a property and assess conditions at the property that may be indicative of releases or threatened releases of hazardous substances at, on, in, or to the property. The standards and practices established as comprising “All Appropriate Inquiries” are set forth in regulations promulgated at 40 CFR Part 312.

EPA recognizes two ASTM International Standards as compliant with the AAI requirements: ASTM E1527-05 “Standard Practice for Environmental Site Assessments: Phase I EnvironmentalSite Assessment Process” and E2247-08 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.”

Caltha LLP assists 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

SEC Guidance On Disclosing Climate Change Business Risks

On January 27, 2010, the U.S. Securities and Exchange Commission (SEC) voted to issue new interpretive guidance as to when business risks associated with climate change trigger mandatory disclosure requirements. SEC's guidance highlights the following areas as examples of where climate change may trigger disclosure requirements:

• Impact of Legislation and Regulation: When assessing potential disclosure obligations, a company should consider whether the impact of certain existing laws and regulations regarding climate change is material.
• Impact of International Accords: A company should consider, and disclose when material, the risks or effects on its business of international accords and treaties relating to climate change.
• Indirect Consequences of Regulation or Business Trends: Legal, technological, political and scientific developments regarding climate change may create new opportunities or risks for companies. As such, a company should consider, for disclosure purposes, the actual or potential indirect consequences it may face due to climate change-related regulatory or business trends.
• Physical Impacts of Climate Change: Companies should also evaluate for disclosure purposes the actual and potential material impacts of environmental matters on their business.
  

The new SEC guidance clarifies that when complying with disclosure requirements, public companies should consider impacts of proposed and pending climate change legislation, regulation and international accords, indirect consequences of regulation or business trends, and actual and potential material impacts of environmental matters on their business. A formal SEC's interpretive release is expected to be released shortly and posted on the SEC website.

Caltha LLP assists 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

Rules for Financial Assurance for Chemical, Petroleum, Electric Industries

EPA has announced its intent to complete rulemaking in an effort to help reduce the need for federal taxpayers to fund the cleanup of environmental releases. The agency has identified three additional industry sectors for which it will begin the regulatory development process for any necessary financial assurance requirements:

• Chemical manufacturing industry;
• Petroleum and coal products manufacturing industry, and
• Electric power generation, transmission, and distribution industry.

Financial assurance requirements help ensure that owners and operators of facilities are able to pay for cleanup of environmental releases and reduce the number of sites that need to be cleaned up by federal taxpayers through the Superfund program.

The identification of these industry sectors is part of EPA’s effort under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to examine if financial assurance requirements will help promote better environmental outcomes. The action announced recently is not a proposed rule or a final regulation. However, EPA will begin the regulatory process for developing appropriate financial assurance requirements for the sectors identified above.

In addition, EPA has identified the following additional classes of facilities that require further study in order for the agency to decide whether to develop proposed regulations:

• Waste management and remediation services,
• Wood product manufacturing,
• Fabricated metal product manufacturing,
• Electronics and electrical equipment manufacturing, and
• Facilities engaged in the recycling of materials containing CERCLA hazardous substances.

Finally, EPA plans to propose any appropriate financial responsibility rules by Spring of 2011 for classes of facilities within the hard-rock mining industry.

Caltha LLP assists prospective Buyers, Sellers and their Lenders in meeting Environmental 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

Is Environmental Review Equal To Environmental Site Assessment?

Is Environmental Review the same as a “Phase I” or “Phase 1 Environmental Site Assessment”?

No; a Phase I ESA is not the same as “Environmental Review”. Generally, environmental review considers the impacts of a "project", while environmental site assessment considers the condition of the land.


Environmental Review is usually much broader in scope. Environmental review typically includes issues that are not included in a Phase I ESA, including sensitive ecosystems, wetland impacts, environmental justice, etc. However, there can be some overlap – some environmental reviews might include some of the same inquiries and document reviews that would be included in a Phase I ESA.

Click here if you need more information on Phase I Environmental Assessment

Or click here if you need information on Small Business Administration (SBA) or HUD Phase I ESA requirements

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

Caltha Environmental Review Website

FTA Categorical Exclusion - Environmental Analysis - Environmental Impact Review

The Federal Transit Authority (FTA) has developed specific categories for environmental review in compliance with NEPA. For certain types of projects, FTA may require project proposers to complete sufficient environmental analysis such that FTA can determine that the proposed project meets the criteria for a Categorical Exclusion (CE) under 27 CFR 771.117(d). By meeting these criteria, FTA will meet Categorical Exclusion criteria under NEPA (40 CFR 1508.4), and ultimately neither the proposer nor FTA will be required to conduct an Environmental Assessment as prescribed under 27 CFR 771.119. FTA could then take actions, including providing project funding.

Caltha LLP assists City, County and State project proposers to conduct environmental analyses required to meet FTA requirements for Categorical Exclusions. Caltha also conducts Environmental Assessments and Environmental Impact Assessments, and other Environmental Review requirements.

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