Key Revisions to ASTME1527-05 Phase I ESA Standard

David Burstiner- Regional Manager NJ, CT, RI

June 26, 2013

• Recognized Environmental Conditions (RECs)

• Vapor Migration

• Regulatory File Review

Key Revisions to E1527-05

• Making determinations about “recognized environmentalconditions” or RECs is at the core of the Phase I ESA

• New standard does three things on this front:

• REC definition simplified

• Historical REC definition revised

• NEW! Definition of a “controlled” REC (CREC)

RECs, HRECs and CRECs

Old Definition:

“the presence or likely presence of any hazardous substancesor petroleum products on a property under conditions thatindicate an existing release, a past release, or a materialthreat of a release of any hazardous substances or petroleumproducts into structures on the property, or into the ground,ground water, or surface water of the property.”

New Simplified Definition:

“the presence or likely presence of any hazardous substancesor petroleum products in, on, or at a property: (1) due to anyrelease to the environment; (2) under conditions indicative of arelease to the environment; or (3) under conditions that pose amaterial threat of a future release to the environment.”

Simplified REC Definition

Old Definition:

“an environmental condition which in the past would have been considered a

REC, but which may or may not be considered a REC currently.”

New Definition:

“a past release of any hazardous substances or petroleum products that has

occurred in connection with the property and has been addressed to thesatisfaction of the applicable regulatory authority or meeting unrestrictedresidential use criteria established by a regulatory authority, withoutsubjecting the property to any required controls (e.g., property userestrictions, AULs, institutional controls, or engineering controls). Beforecalling the past release an HREC, the EP must determine whether the pastrelease is a REC at the time the Phase I ESA is conducted (e.g., if there hasbeen a change in the regulatory criteria). If the EP considers this past releaseto be a REC at the time the Phase 1 ESA is conducted, the condition shall beincluded in the conclusions section of the report as a REC.”

Revised HREC Definition

“a REC resulting from a past release of hazardous substancesor petroleum products that has been addressed to thesatisfaction of the applicable regulatory authority (e.g., asevidenced by the issuance of a NFA letter or equivalent, ormeeting risk-based criteria established by regulatory authority),with hazardous substances or petroleum products allowed toremain in place subject to the implementation of requiredcontrols (e.g., property use restrictions, AULs, institutionalcontrols, or engineering controls)… a CREC shall be listed inthe Findings Section of the Phase I ESA report, and as a RECin the Conclusions Section of the…report.”

New CREC Definition

REC-HREC-CREC Relationship

Contaminationin, at or on the

target property.Is it de minimis? Has it been

addressed?

Wouldregulatory

officials viewcleanup asinadequate

today?

Are thererestrictions?

YES

NO

NO

YES

REC(“Bad REC”)

De minimis(“Not a REC”)

NO

CREC(“Good REC”)

HREC(“Not a REC”)

YES

YES

NO

• List in Findings

‒ Known or suspect RECs

‒ CRECs

‒ HRECs

‒ De minimis conditions

• List in Conclusions

‒ Known or suspect RECs

‒ CRECs

Findings and Conclusions Sections

• CERCLA/AAI do not differentiate the form (e.g., solid, liquid,vapor) of the release to the environment (refer to CERCLAdefinition of “release” and “environment”)

• Migrate/migration now defined in E1527 (as it is used inmany places in E1527)

• E2600-10 is a referenced document in E1527

• Addressed in revised AUL definition

• IAQ non-scope consideration clarified

Vapor Migration Clarified as Included inPhase I Investigation

“refers to the movement of hazardous substances or petroleumproducts in any form, including, for example, solid and liquid atthe surface or subsurface, and vapor in the subsurface.”

Migrate/Migration Definition Added

Revised AUL Definition“activity and use limitations – legal or physical restrictions orlimitations on the use of, or access to, a site or facility: (1) toreduce or eliminate potential exposure to hazardous substancesor petroleum products in the soil, soil vapor, groundwater, and/orsurface water on the property…”

• Referenced in Section 2.1 under ASTM Standards*

*Vapor migration must be considered no differently thancontaminated groundwater migration in the Phase Iinvestigation. While E2600-10 provides an industryconsensus methodology to assess vapor migration, use ofE2600-10 methodology is not required to achievecompliance with AAI – an EP may use alternativemethodology as deemed appropriate, but this must bedocumented in the Phase I report.

E2600-10 Included as a ReferencedDocument

• IAQ exclusion had been used as a rationale NOT to considervapor migration/intrusion in the Phase I investigation, e.g.,vapor migration/intrusion is an IAQ issue and as such is anon-scope consideration in the Phase I

• The following words have been added in 13.1.5.7 after IAQ:“unrelated to releases of hazardous substances or petroleumproducts into the environment”

IAQ Non-Scope Consideration Clarified

• Brings vapor-related risk front and center

• Other attention on vapor:

• U.S. EPA Guidance Document on Vapor Intrusion

• More consistency in how vapor is treated in Phase I ESAs

• New E 1527 standard may necessitate changes to Phase I ESA process.

• Need for more client education to foster a deeper understanding about the riskthat vapor migration presents to make educated decisions about how andwhether to revise their environmental due diligence policies accordingly.

Implications of New Vapor Language

• New section 8.2.2 added on Regulatory Agency File and RecordsReview

• If the TP or any adjoining property is identified in governmentrecords search, “pertinent regulatory files and or recordsassociated with the listing should be reviewed.”- at discretion of theenvironmental professional

• If in the EP’s opinion such a file review is not warranted, the EPmust provide justification in the Phase I report.

• EPs may review files/records from alternative sources such as on-site records, user-provided records, records from local governmentagencies, interviews with regulatory officials, etc.

• Summary of information obtained from the file review shall beincluded in the Phase I report and EP must include opinion on the

sufficiency of the information obtained

Regulatory File Review

• A new version of E 1527 means education—a time to refresh!

• Start educating clients.

• Work with clients to update environmental due diligencepolicies.

• Ensure that internal staff are aware of the key areas ofchange.

• Plan for any necessary changes to the internal Phase I ESAprocess, scope of work and report format.

• Attend events dedicated to the E 1527 revisions.

• Stay in tune with the schedule for the standard’s release as itis likely to take effect immediately at publication.

What EPs Should Do to Prepare

When?The latest word is that ASTM is likely topublish the standard (as E 1527-13) in

late summer/early fall.

The revisions are final, known and notlikely to change...

Where to go for more information…

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EDR Insight Resources on ASTM and More…

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EDR Insight Resources on ASTM and More…

• EDR Webinars & Events page forpast web events on E 1527-13http://www.edrnet.com/events

• Check out EDR Insight’s pastpresentationshttp://www.slideshare.net/edrnet

21

Commonground

• A social network community forenvironmental consultants andCRE professionalshttp://commonground.edrnet.com

• Post & comment on discussionsand blogs about any relevantindustry topic

• Check out and join theEnvironmental ConsultantsRoundtable

22

Commonground University

• An online learning platform toeducate industry professionalshttp://commonground.mrooms2.net/

• Courses include ASTM E 1527,ASTM E 2600, EDD 101 and PCAsand are facilitated by experiencedindustry EPs

• Commonground University will beadding a course for ASTM E 1527-13 that will begin in the comingmonths.

• ASTM E 2600 Vapor Encroachmentcourse led by Anthony Buonicorewill begin June 17th.

Questions?

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