p.a.l.m.s. ii - creative environment solutions corp. latest in astm environmental site...the scope...

P.A.L.M.S. II

Angelo Lampousis, Ph.D.

Department of Earth and

Atmospheric Sciences

City College of New York

Latest

in

ASTM

Environmental

Site

Assessment

Standards

Outline

CCNY – ASTM Collaboration highlights

Latest in ASTM Environmental Site Assessment Standards

ASTM Designation E1528 − 14



Future trends

ASTM President Meets Macaulay

Honors Students in New York City

This article appears in the January/February 2014 issue of Standardization News

Live interview on WHCR 90.3 FM

ASTM International President

James A. Thomas spoke with

students from the Macaulay

Honors College, in New York on

October 21, 2013.

The venue for Thomas’

presentation was unique: a live

interview on the radio show

“Innovation Unedited,” from

WHCR 90.3 FM, a radio station

broadcasting from the CCNY

campus.

Christopher P. McCormack, chairman of ASTM task group

revising standard E1903 visiting CCNY as a guest speaker

March 2012

CCNY - ASTM

CCNY - ASTM

ASTM International board of directors meeting in New York

October, 2011

Standards Simulation Exercise, Sponsored by NIST

Newseum, Washington, DC

2012 World Standards Week

CCNY – ANSI

S. Joe Bhatia

President and CEO

American National

Standards Institute

OSHA HAZWOPER standard 29 CFR 1910.120 (3)(e)(i)

ccny.cuny.edu/industry

CCNY - CES

Instrumentation Training

CCNY – USGS

Naval Air Warfare Center, West Trenton, NJ

April 2012

Mary C. McKiel, Ph.D.

2013 Chairman of ASTM International’s board of directors,

speaks at

City College of New York Informational Day

at U.S. EPA Region 2 HQ

March 2013

CCNY – U.S. EPA Region 2 HQ



March 2014


Outline






Future trends

ASTM International requirements

• ASTM Standards have a shelf life of 8 years

– Prior E1527 versions: 1993, 1994, 1997, 2000, 2005

• Options at end of shelf life of ASTM Standard

– No action – standard will be removed from circulation

– Ballot to re-approve with no change

– Reconvene Task Group, draft revision language, ballot revised standard

Slide Credit: Julie Kilgore, President - www.wasatch-environmental.com


A standard that does not require an environmental professional (EP)

Not enough to establish CERCLA liability protections

One change was the inclusion of aerial maps in the historic research portion

No Site visit required

Removed the connection to purchase price

Slide Credit: Bill Weissman (personal communication) – Email: [email protected]

Outline






Future trends

Objectives

Determine whether a release of hazardous substances has occurred

Provide information relevant to identifying, defining, and implementing landowner ‘‘continuing obligations’’

Provide information relevant to evaluating and allocating business environmental risk in a transaction setting

provide information relevant to

non-environmental legal obligations


Source: Christopher P. McCormack, Attorney

from Environment Reporter, 43 ER 3080, 11/30/2012. Bureau of National Affairs, Inc.


Source: Christopher P. McCormack, Attorney

from Environment Reporter, 43 ER 3080, 11/30/2012. Bureau of National Affairs, Inc.

Core concepts

The standard expressly acknowledges ‘‘the scope of a Phase II ESA is related to the objectives of the investigation.’’

‘‘The user and Phase II Assessor must have a mutual understanding of the context in which the Phase II ESA is to be performed and the objectives to be met by the investigation.’’

The confidence desired in the result affects the scope of investigation and evaluation of data.

Outline






Future trends

All Appropriate Inquiry (AAI) Rule Congress passes Brownfields Amendments to CERCLA in 2002

Congress instructed EPA to issue AAI rule outlining 10 elements

that EPA must include in the rule. Until AAI rule is adopted,

ASTM E1527-97 & 1527-2000 become interim standard

EPA developed rule in collaboration with a Federal Advisory

Committee, and a final rule adopted in 2005 effective November

1, 2006

Compliance with AAI (or an alternative standard compliant with

AAI) is precondition for CERCLA liability defenses or Brownfields

grants

EPA determined that ASTM E1527-05 is compliant with AAI rule

Dramatically expanded applicability of Phase I ESAs


E1527 Task Group Objectives

Task group convened in early 2010

Nothing particularly “broken” in the existing standard

Task Group agreed in two primary objectives:

Clarify existing language

Strengthen the deliverable

ASTM Task Group / Subcommittee / Committee process completed in late 2012 / early 2013

Formal submission to EPA in March 2013


REC: The term recognized environmental condition means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. De minimis conditions are not recognized environmental conditions.


CREC: A controlled recognized environmental

condition is a recognized environmental

condition resulting from a past release of

hazardous substances or petroleum products

that has been addressed to the satisfaction

of the applicable regulatory authority, with


allowed to remain in place subject to the

implementation of required controls.


Modified HREC definition to ONLY apply

when there has been a past release of any


that has occurred in connection with the

property and has been addressed to the

satisfaction of the applicable regulatory

authority or meeting unrestricted use criteria

established by a regulatory authority, without

subjecting the property to any required

controls


Source: Nick Albergo, Professional Engineer with Conestoga-Rovers & Associates

de minimis condition

Added a last sentence that reminds EPs and

Users that a de minimis condition cannot

also be a controlled recognized

environmental condition.


Source: Nick Albergo, Professional Engineer with Conestoga-Rovers & Associates

Outline






Future trends

Conclusions & Future trends

Phase Is:

• A commodity?

• Providing recommendations with Phase Is: the right way and the wrong way

• Preparing for the Phase I Market in 2020

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