Phase 1 Environmental For Agricultural or Forested Land

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.

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

Phase I ESA Vapor Screening Required by HUD

The U.S. Department of Housing and Urban Development (HUD) Office of Multifamily Housing has adopted Tier 1 vapor intrusion (VI) screens under ASTM E 2600 as a mandatory component of Phase I environmental site assessments conducted under the agency's MAP (Multifamily Accelerated Processing) Guide. Under the revised policy, a HUD Phase I ESA must include an initial vapor intrusion screen to determine if there is a potential for vapors to occur in the subsurface below existing and/or proposed on-site structures from those hazardous substances, petroleum and petroleum products that consist of VOCs, SVOCs and inorganic volatile compounds.

HUD is one of two Federal lending agencies that that prescribe additional mandatory requirements to a Phase I ESA. The Small Business Administration also has additional environmental review requirements for participation in its lending programs.

SBA Environmental Review / RSRA / Phase I Environmental Site Assessment Requirements

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.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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

South Dakota Environmental Site Assessment - Phase I ESA

Caltha provides the technical resources to assist Buyers, Sellers & Lenders in evaluating properties in the Upper Midwest, including South Dakota. Assessments typically address the likelihood and potential cost for future liabilities, and conducting assessments required to reduce direct liabilities for environmental cleanups. Assessment can also be conducted to evaluate compliance with applicable regulations.

The property assessment services Caltha offers includes:
· Phase 1 Environmental Site Assessment (ASTM E 1527-05)
· SBA required Phase 1 Environmental Site Assessment or Environmental Investigation
· Environmental Review
· Facility Compliance Audits
· Records Search With Risk Assessment (RSRA)
· Transaction Screening Assessment (ASTM E 1528-00)
· Site Assessment Walk-through
· Lease Closure Walk-through
· Quantitative Environmental Liability Assessment
· Phase 2 Site Investigations

For more information or to request a quote from property assessment services, go to:

Phase I ESA Environmental Assessment in South Dakota

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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

South Dakota EH&S Consultant – Environmental Consulting Services

Caltha LLP provides expert technical consulting services to private and public sector clients across South Dakota. For further information, click on links below:

South Dakota Air Permit Compliance – Air Emission Permitting Services
South Dakota Stormwater Permit Compliance – Storm Water Permitting Services
South Dakota Environmental Assessment– Phase I (Phase 1) ESA Services
South Dakota Product Stewardship Services
South Dakota Pollution Prevention - Pollution Minimization Services
South Dakota Wastewater Compliance - NPDES Permitting Services

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

South Dakota Environmental Assessment - Phase I ESA

Caltha LLP provides expert Phase I Environmental Site Assessments (ESA) in South Dakota to meet All Appropriate Inquiry requirements. Our environmental assessment services include:

• Phase I Environmental Assessment
• Phase II Environmental Assessment - Site Characterization
• Transaction Screening
• Small Business Administration (SBA) Environmental Review
• Environmental Due Diligence
• Property or Business Acquisition Review
• Environmental, Health & Safety Compliance Audits

To request a quote to conduct a Phase I Environmental Site Assessment or other assessments in South Dakota, Minnesota, or Iowa, go to: Caltha LLP Website

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

Compliance Audits - New EPA Audit Policy For New Owners

Since 2000, US EPA has offered reduced enforcement for self-disclosure of environmental compliance violations. EPA’s policy document, “Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations” is commonly known as the “Audit Policy”. On August 1, 2008, the EPA published an interim approach to applying the Audit Policy to new owners that allows new owners to make a fresh start with the EPA.

With the interim approach, the EPA recognizes that a new owner should not be penalized for the economic benefit component relating to violations that arose before a facility was under its control, as long as the new owner is willing to correct issues promptly and institute preventive measures.

Some key elements of the interim approach include:

• Defining a “new owner” to ensure that the violations disclosed originated with the prior owner, and that the new owner was not responsible for the non-compliance disclosed;
• Extending the time for reporting for up to nine months after closing the transaction;
• Relief from the economic benefit component of the penalty for new owners; and
• Applying five of the nine qualifying conditions differently to the new owner.
  

One of the important aspects of this policy is that non-compliance at the Seller’s facility can be reported to regulatory agencies before or soon after property transfer. In making the disclosure, the new owner can make the previous owner responsible for penalties, etc., especially associated with economic benefit component, related to the non-compliance.

Caltha LLP provides environmental due diligence and compliance auditing services in South Dakota.

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

Property Condition Assessment or Phase 1 ESA?

In 2008 American Society for Testing and Materials (ASTM) published a standard practice for conducting Property Condition Assessment (PCA) at commercial properties, referenced as ASTM E2018 – 08. Some organizations have been left wondering if they should be requesting a Phase I environmental site assessment (ESA) or a PCA.

Although both standard practices are completed in conformance with an ASTM standard practice, the issues each practice is intended to address is very different.

In summary, a Phase I ESA conducted using ASTM E 1527-05 is intended to identify “Recognized Environmental Conditions” (or RECs) associated with a property. Recognized Environmental Conditions are defined as “the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a [future] release”. In short – a Phase I ESA addresses releases hazardous substances and petroleum products; it does not address other environmental issues which may be of interest, such as compliance with regulations and permits. It does not address the condition of equipment or structures, unless the equipment or structures are associated with hazardous substances or petroleum products, and that the condition contributed to a release or the threat of future release.


A Property Condition Assessment conducted using ASTM E 2018-08 is a different type of due diligence, pre-purchase, pre-lease, or post-lease inspection. The goal of the PCA is to identify and communicate physical deficiencies to a User. The term physical deficiencies means the presence of conspicuous defects or material deferred maintenance of a property's material systems, components, or equipment as observed during the field observer's walk-through survey.

Although a PCA can report on potential environmental contaminants, this type of assessment does not have the same regulatory benefits of a Phase I ESA. Most importantly, a PCA does not constitute “all appropriate inquiry” that is required for CERCLA liability protections. Therefore, prospective purchasers of real estate that wish to retain their Landowner Liability Protections (LLP) under CERCLA need to conduct a Phase I ESA. They may decide to also conduct a PCA to access the property, structures and equipment for defects.


Caltha LLP conducts PCAs and Environmental Site Assessments on commercial and industrial properties across South Dakota. To request a quote, go to Caltha website

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