Renewable Energy Projects Through RE-Powering America’s Land Initiative

U.S. Environmental Protection Agency (EPA) is soliciting applications from states, tribes, regional governments, and communities that are interested in the development of renewable energy on current and formerly contaminated properties. The opportunity is offered through EPA’s RE-Powering America’s Land initiative, which takes a multi-pronged approach to site cleanup and development of renewable energy production facilities on potentially contaminated land. Potentially contaminated lands that are being considered include Superfund, brownfields, RCRA corrective action, and former landfill or mining sites.

The US Department of Energy’s National Renewable Energy Laboratory will conduct renewable energy feasibility studies for the selected sites to determine the best renewable energy technology for the site, the optimal location for placement of the renewable energy technology, potential energy generating capacity, the return on the investment, and the economic feasibility of the renewable energy projects.

Through this initiative, potentially contaminated sites will be reused and redeveloped to increase renewable power generation, while also improving communities, creating jobs, and decreasing the use of greenspace necessary for renewable power plants. Proposals are due to EPA by May 20.

Caltha LLP assists public & private sector clients 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

Environmental Review Requirements Under New SBA 504 Refinance Program

In response to the significant volume of commercial real estate loans that will mature between now and December 31, 2012, the U.S. Small Business Administration (SBA) has launched a new, temporary 504 refinancing program. Structured much like the SBA's traditional 504 loan program, borrowers cooperate with third-party lending institutions and SBA-approved Certified Development Companies (CDC).

SBA began accepting applications for financing under this program on February 28 and will keep the program in effect until September 27, 2012. Congress authorized SBA to approve up to $15 billion in loans under this program ($7.5 billion in both fiscal 2011 and 2012). This funding is designed to help small business owners who are having difficulty refinancing loans because of record-high real estate values when the loans were originated.

SBA has indicated that the environmental review requirements for 504 refinancing will be the same as those of the SBA's standard 504 (and 7(a)) programs, as detailed under SOP 50 10 5(c). This includes mandatory Phase 1 environmental Site Assessment (ESA) for certain types of properties, and requirements for Transaction Screening Assessment or Records Search With Risk Assessment (RSRA) for other types of properties.

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

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

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

Environmental Records Search With Risk Assessment Reports

A "Records Search With Risk Assessment", or RSRA, is a unique type of "environmental investigation" required by the U.S. Small Business Administration (SBA) for certain types of SBA loans. Although it includes some elements of a SBA-compliant Phase 1 Environmental Site Assessment, it is significantly less onerous. However, like a Phase 1 ESA, the RSRA report must be signed by a "environmental professional" who meets that same qualification requirements as required for a Phase I ESA.
Click here for Caltha SBA Environmental Assessment Services page
Caltha prepares Records Search With Risk Assessment reports for commercial lenders and banks the following States:[Click on a State to request a quote]
Alabama Environmental Records Search with Risk Assessment
Alaska Environmental Records Search with Risk Assessment
Arkansas Environmental Records Search with Risk Assessment
Arizona Environmental Records Search with Risk Assessment
California Environmental Records Search with Risk Assessment
Connecticut Environmental Records Search with Risk Assessment
Florida Environmental Records Search with Risk Assessment
Georgia Environmental Records Search with Risk Assessment
Illinois Environmental Records Search with Risk Assessment
Indiana Environmental Records Search with Risk Assessment
Iowa Environmental Records Search with Risk Assessment
Kansas Environmental Records Search with Risk Assessment
Kentucky Environmental Records Search with Risk Assessment
Louisiana Environmental Records Search with Risk Assessment
Maine Environmental Records Search with Risk Assessment
Massachusetts Environmental Records Search with Risk Assessment
Michigan Environmental Records Search with Risk Assessment
Minnesota Environmental Records Search with Risk Assessment
Mississippi Environmental Records Search with Risk Assessment
Nebraska Environmental Records Search with Risk Assessment
Nevada Environmental Records Search with Risk Assessment
New Hampshire Environmental Records Search with Risk Assessment
New Jersey Environmental Records Search with Risk Assessment
New Mexico Environmental Records Search with Risk Assessment
New York Environmental Records Search with Risk Assessment
North Carolina Environmental Records Search with Risk Assessment
North Dakota Environmental Records Search with Risk Assessment
Ohio Environmental Records Search with Risk Assessment
Oklahoma Environmental Records Search with Risk Assessment
Oregon Environmental Records Search with Risk Assessment
Pennsylvania Environmental Records Search with Risk Assessment
South Carolina Environmental Records Search with Risk Assessment
South Dakota Environmental Records Search with Risk Assessment
Tennessee Environmental Records Search with Risk Assessment
Texas Environmental Records Search with Risk Assessment
Utah Environmental Records Search with Risk Assessment
Vermont Environmental Records Search with Risk Assessment
Virginia Environmental Records Search with Risk Assessment
Washington Environmental Records Search with Risk Assessment
West Virginia Environmental Records Search with Risk Assessment
Wisconsin Environmental Records Search with Risk Assessment
Wyoming Environmental Records Search with Risk Assessment


Caltha LLP assists Lenders in meeting SBA environmental investigation requirements, including RSRA. Caltha prepares RSRA and Transaction Screen reports for the same low cost for any site in any State.
To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

When Does A Phase 1 Need to Be Updated? Why Update My ESA Report?

Why Update An Environmental Site Assessment Report?

A Phase 1 ESA is a review of current and historic data sources to assess the potential for contamination on a specific property. Overtime, the information available to conduct this assessment increases. Therefore, a property that had no evidence of contamination issues (or "recognized environmental conditions") during a Phase 1 environmental assessment can potentially have significant issues identified in subsequent assessments.

How Often Does A Phase 1 ESA Report Have To Be Updated?

The Standard Method used to conduct Phase 1 environmental assessments (ASTM E 1527-05. Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment) specifies how often a Phase 1 ESA must be updated to remain valid.

1. After 180 days (6 months) the ESA is no longer valid, and portions of the ESA report must be updated, including conducting on-site inspection.

2. After 1 year, all portions of the ESA report must be updated.

Caltha LLP assists Sellers, prospective Buyers and their Lenders in all States in meeting Due Diligence, Environmental Site Assessment and Environmental Records Search and Risk Assessment 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

Understanding Lender Environmental Liabilities and Environmental Review Requirements

Understanding Lender Environmental Liabilities and Environmental Review Requirements
Minnetonka, Minnesota
January 19, 2011, 9 am to 1 pm

This half day training seminar is being provided for individuals who have responsibilities for managing liabilities associated with commercial lending, and those needing to meet environmental due diligence requirements prescribed by the U.S. Small Business Administration (SBA).

Agenda

Legal and Regulatory Aspects of Lender Environmental Liability
Lenders need to be aware of potential environmental liability associated with the past use of property. Federal and state environmental laws impose financial obligations, including investigation and response costs, on parties who own or operate sites where there has been a leaking underground tank or a release of hazardous substances. Lenders need to be aware of liability arising from impacts to soil and groundwater and the emerging issues associated with vapor intrusion. This session will focus on due diligence review, the All Appropriate Inquiry standard and liability assurances that are available to Lenders and Borrowers to address these liability concerns.

Lender Liability Protection and Due Diligence Tools
A number of tools are available to lenders to help evaluate and manage potential risks. These range from simple Environmental Questionnaires to more extensive environmental reviews. This session will provide an overview of the typical assessment tools, including transaction screening, Phase 1 and 2 environmental site assessments. The session will also cover a specific type of assessment process required by SBA, a “Records Search With Risk Assessment”. Finally, the session will discuss the use of Reliance Letters by Lenders and SBA.

Overview of SBA Environmental Policies and Procedures
Since 2008, SBA has been much more prescriptive in the required level of environmental review to participate in SBA lending programs. This session will provide an overview of environmental review requirements in SBA Standard Operating Procedure SOP 50-10(5), which applies to 504 Loan programs, and SOP 50-51(3), which defines the Post-default Environmental Investigations required by SBA.

Case Studies
During the final session, case studies will be presented to emphasize the key concepts of Lender Environmental Liabilities.

For further information go to:
Understanding Lender Environmental Liabilities and Environmental Review Requirements



Caltha LLP, a leading provider of environmental due diligence services to the banking industry
Minneapolis, MN, Pine River, MN, Eau Claire, WI, Tucson, AZ
www.calthacompany.com

Small Business Review Panel Of CERCLA Financial Responsibility Requirements For Hard Rock Mining

The U.S. Environmental Protection Agency (EPA) is seeking self nominations from small businesses to participate in a Small Business Advocacy Review (SBAR) panel on a proposed rule that would establish financial responsibility requirements for classes of facilities within the hard rock mining industry. The requirements will be developed under the Comprehensive Environmental Response, Compensation and Liability Act (Superfund).

The Regulatory Flexibility Act requires EPA to establish a federal panel for rules that may have a significant economic impact on a substantial number of small entities. The SBAR panel will also include representatives from the Small Business Administration, the Office of Management and Budget and EPA.

The panel will ask a selected group of Small Entity Representatives (SERs), to provide advice and recommendations on the proposed rule to the panel. The agency is seeking self-nominations directly from small entities that may be subject to the rule requirements. Self-nominations may be submitted through December 20, 2010.

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

SBA Revised Environmental Assessment, Post-default Environmental Investigation Requirements

The US Small Business Administration (SBA) has revised its Standard Operating Procedure (SOP) related to post-default environmental risk management. This procedure is contained in SOP 50 51 3, and became effective November 15, 2010. The revised SOP defines when and how a Post-default Environmental Investigation is conducted 1) before taking title to a property, and 2) before taking control of a business using hazardous substances.

The type and scope of the Post-default Environmental Investigation required varies depending on the risk of contamination, and SOP 50 51 3 provides the minimum standards. All Transaction Screen, Phase I and Phase II Environmental Site Assessments must be performed by an Environmental Professional and be accompanied by a Reliance Letter.

The SOP defines the process to be followed, which includes:

• Determining whether any underground liquid fuel storage tanks are located on the Property,
• Determining the NAICS codes for the Property's uses since the SBA Loan was funded, and whether any of the NAICS codes match codes on the list of NAICS Codes of Environmentally Sensitive Industries,
• Completing any additional testing, record searches or other inquiries recommended by the Environmental Professional who conducted the initial investigation.
  

In addition, if taking control of a business that handles hazardous substances is contemplated, the Post-default Environmental Investigation may also include an environmental audit to determine whether the business has the required environmental permits and is in compliance with applicable environmental laws. In some cases, testing of fixtures and equipment related to the operation of the business, including underground storage tanks, lines and related equipment may also be required.

If the Post-default Environmental Investigation Report concludes that the property is contaminated, SBA's prior written approval must be obtained. Regardless of the conclusions reached in the Post-default Environmental Investigation Report, SBA's prior written approval must be obtained prior to taking control of a business that handles hazardous substances.


Caltha LLP is a leading provider of environmental services to Lenders, and especially to Lenders needing to conform to SBA environmental review procedures. Caltha provides transaction screens meeting ASTM E 1528-06, Phase 1 Environmental Site Assessments meeting ASTM E 1527-05, Phase 2 investigations, and SBA Records Search With Risk Assessment RSRA reports, all certified by a qualified environmental professional.

For further information or to request a quote, go to:

Caltha Environmental Site Assessment & Risk Assessment

What is "Records Search With Risk Assessment"?

What is "Records Search With Risk Assessment"?
A "Records Search With Risk Assessment", or RSRA, is a unique type of "environmental investigation" required by the U.S. Small Business Administration (SBA) for certain types of SBA loans. Although it includes some elements of a SBA-compliant Phase 1 Environmental Site Assessment, it is significantly less onerous. However, like a Phase 1 ESA, the RSRA report must be signed by a "environmental professional" who meets that same qualification requirements as required for a Phase I ESA.

The SBA has recently released the new version of the agency's environmental policies and procedures. The new policy, SOP 50 10 5(C), replaces its predecessor SOP 50 10 5(B), and will apply to all applications for 7(a) or CDC loans received by the SBA on or after October 1, 2010. The new revision includes several modifications to SBA's due diligence requirements.

Caltha LLP assists Sellers, prospective Buyers and their Lenders in meeting SBA environmental investigation requirements, including RSRA. Caltha prepares RSRA reports for the same low cost for any site in any State.

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