Environmental Services | Phase I / Phase II Environmental Assessments
What is a Phase I Environmental Site Assessment?
A Phase I Environmental Site Assessment is an assessment of real property for the purpose of identifying environmental conditions which could result in Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) liability. A typical Phase I Environmental Site Assessment includes review of local, state, and federal records, review of historical records, physical site reconnaissance of the property, interviews with property owners and others, and other investigative activities. Our assessment will be conducted to identify, to the extent feasible, Recognized Environmental Conditions (RECs) in connection with the Property. The term Recognized Environmental Conditions is defined as the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: due to release to the environment; under conditions indicative of a release to the environment; or under conditions that pose a material threat of a future release to the environment.
What is the purpose of a Phase I Environmental Site Assessment?
On January 11, 2002, Public Law 107-118 was signed. The Small Business Liability Relief and Brownfield's Revitalization Act (SBLRBRA) directed the United States Environmental Protection Agency (EPA) to promulgate a rule defining due diligence for compliance with CERCLA. This rule, which is generally referred to as All Appropriate Inquiry (AAI) was adopted on November 1, 2005. The AAI rule now states that the American Society of Testing and Materials (ASTM) E1527-13 Standard for Phase I Environmental Site Assessment complies with the EPA requirements for AAI. In some cases, the ASTM 1527-13 Standard is more stringent than AAI.
Converse will generally follow the standard practices of the ASTM Phase I Environmental Site Assessment Process (Standard: E1527-13) unless specific requirements of client scope of work dictates otherwise (often Business Environmental Risk issues will be added). The ASTM Standard E1527-13 is intended to satisfy one of the requirements to qualify for the Landowner Liability Protections (LLP) within the scope of CERCLA, that is, the practices that constitute all appropriate inquiry (AAI, 40 CFR Part 312) into the previous ownership and uses of the property consistent with good commercial or customary practice.
Who needs a Phase I Environmental Site Assessment?
A Phase I Environmental Site Assessment is typically required for commercial real estate transactions, commercial loans/small business loans, refinancing, construction projects, and other reasons. Converse has provided Phase I Environmental Site Assessments to many of the nation’s leading companies, government organizations, universities, and hospitals, as well as property management, investment, natural resource, transportation, and energy sector entities.
What is a Phase II Environmental Site Assessment?
A Phase II Environmental Site Assessment is an evaluation of real property for the presence or absence of hazardous materials or petroleum products. When a REC is identified in a Phase I Environmental Site Assessment, there may be a potential for liability and/or remediation associated with the REC. A Phase II ESA can include soil sampling, groundwater sampling, soil gas/sub-slab soil gas sampling, asbestos containing material (ACM) and lead-based paint (LBP) surveys.
The scope of work for a Phase II Environmental Site Assessment depends on many factors which can be site and client specific. Converse applies our extensive industry experience and understanding of our clients’ needs to provide practical Phase II Environmental Site Assessments.
What is the purpose of a Phase II Environmental Site Assessment?
The purpose of conducting a Phase II Environmental Site Assessment is to evaluate the potential liability associated with a REC or other environmental condition which may require further investigation. A Phase II ESA will provide a potential lender, property owner, or interested party with information to make an informed business decision regarding the property and mitigate risks.
Who needs a Phase II Environmental Site Assessment?
When a REC is identified in a Phase II ESA, or an environmental condition has been identified on a property, additional information may be needed for the interested parties to make an informed business decision. Properties which typically require Phase II Environmental Site Assessments include dry-cleaning facilities which conduct on-site dry-cleaning, automotive repair facilities, gasoline stations, industrial properties (mainly manufacturing) which use hazardous materials or petroleum products, and other properties which have a history of spills/release and/or historical uses of concern (undocumented landfills, mining operations, former industrial which has been redeveloped, etc.).
Why Choose Converse?
Converse has completed thousands of Phase I Environmental Site Assessments and Phase II Environmental Site Assessments throughout the United States. We have completed assessments on properties from vacant land, complex industrial sites, and large portfolios of commercial real estate. We are an approved consultant to many local, regional and national financial institutions. Converse’s Senior Vice President, Mr. Norman Eke, is an active member and the former ASTM Sub Committee Chairman (2008-2016) of the ASTM E50.02 Real Estate Assessment and Management Sub Committee. Mr. Eke co-authored the ASTM Publication Technical Aspects of Phase I/II Environmental Sites Assessments. Converse also has extensive experience with site remediation/cleanup activities to assist property owners/investors with resorting their property or compliance with regulatory requirements.
We understand that Phase I Environmental Site Assessments are done to promote and facilitate business. As such, it is important that we differentiate knowing if we are working for a buyer or seller so we can appropriately represent you through the opinions section of our Phase I report.
Converse will provide an obligation free estimate for Phase I Environmental Site Assessment and Phase II Environmental Site Assessment services. We offer discount pricing for portfolios and multi-site assessments. Please feel free to contact us today to discuss your project/property.