Top best answers to the question «Who can perform a phase i environmental site assessment»
What is a Phase I Environmental Site Assessment?
- A Phase I Environmental Site Assessment, commonly referred to as an ESA, or Phase I ESA, is completed to research the current and historical uses of a property as part of a commercial real estate transaction.
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'Environmental Professionals' perform Phase I Environmental Site Assessments. If you're getting a Phase I done to provide CERCLA liability protection, then it must be completed in accordance with the current ASTM standards (ASTM E1527-13 as of writing this) and the All Appropriate Inquiry (AAI) rule (found at 40 CFR 312). But what does that mean?
Who should perform (and who should pay for) the Phase I environmental site assessment? Is it the buyer of the property? Or is it the seller? Or is it the lender? Omni Environmental Group gets this question all the time. The answer is…it depends. Any of these 3 parties can do the Phase I. And each of them has their own motivation.
A Phase I Environmental Site Assessment, often called a Phase I ESA, is generally performed on a commercial property usually as part of a sale/purchase or commercial financing by a broker or other lending institution.
As part of the AAI criteria, EPA established minimum qualification standards for Environmental Professionals who prepare Phase I ESAs. An Environmental Professional is defined as a person who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding the presence of releases or threatened releases to the surface or subsurface of a property.
Phase I Environmental Site Assessment reports can be completed on all types of properties including vacant land, agricultural, multi-family residential, commercial, and industrial uses; however, all Phase I ESA reports are completed to comply with ASTM E1527-13 (exceptions are made for properties comprised of large primarily undeveloped land, which can be researched under ASTM E2247-16).
Interpreting the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), the U.S. courts have held that a buyer, lessor, or lender may be held responsible for remediation of hazardous substance residues, even if a prior owner caused the contamination; performance of a Phase I Environmental Site Assessment, according to the courts' reasoning, creates a safe harbor, known as the 'Innocent Landowner Defense'.
My Bank Says I Need a Phase I Environmental Site Assessment. Some banks, lending institutions, and legal counsels will recommend a Phase 1 ESA. In this case, you are going to need a Phase I to proceed with the transaction. Whoever's requesting you get a Phase 1 ESA likely won't proceed without it. Components of a Phase I Environmental Site Assessments
This 2-hour course is intended to prepare engineers to conduct Phase I Environmental Site Assessments (ESA). In general, Phase I ESAs are typically driven by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and are done when there is a need to assess the environmental condition of commercial real estate.
Phase I Environmental Site Assessment Course (3 days / 24hrs) This course provides environmental professionals with a high quality, comprehensive orientation of the new ASTME E 1527 Standard issued July 2000. The course covers the Phase I ESA process and includes hands on training and a mock site visit.
By Kristine MacWilliams, PE |Published April 23, 2018 When a Phase I Environmental Site Assessment (ESA) identifies a recognized environmental condition (REC) or the potential for impacts to the subsurface at a site, most clients request to evaluate the potential impacts by performing Phase II Environmental Testing.