Phase I - Environmental Assessments - On-Demand Course Materials

Attorney Continuing Legal Education Phase I Environmental
Assessments
Presented By:
Alan Levine, P.E.
Real Estate Institute

www.InstituteOnline.com
(800) 995-1700
PHASE I -
ENVIRONMENTAL ASSESSMENTS
© 2011 Real Estate Institute

•P1•

6203 W. Howard Street
Niles, IL 60714
(800) 995-1700
ONLINE CONTINUING LEGAL EDUCATION
Easily Complete CLE Anytime With A Self-Paced,

Engaging Audio / Video Presentation
Website: www.InstituteOnline.com
HAVE A GROUP?
Call Us To Discuss In-Office Classes And
Group Enrollment Packages That Will
Streamline Compliance For Your Firm!
(800) 995-1700
Phase I - Environmental
Assessments
Online Presentation
Section 1
Biography
Section 2
Classroom Materials
Section 1
Biography
ALAN LEVINE, P.E.

Alan Levine is the founder of Beacon Testing, Engineering, and

Environmental Services, LLC, a member of the Lighthouse
Companies, Inc. He has been practicing engineering for 20 years in
locations around the country. Mr. Levine is a licensed Professional
Engineer in 7 states including Illinois and a LEED AP. He spent 10
years in manufacturing prior to working as a consulting engineer for
the next 10 years.
While working in manufacturing, Mr. Levine was involved in

environmental permitting, management of hazardous waste,
manufacturing operations, construction project management and
engineering design. Some of Mr. Levine’s consulting experience
includes Phase I and Phase II Environmental Site Assessments,
Remediation, Geotechnical Engineering, Construction Materials
Testing, Chemical Engineering, Mold and Indoor Air Quality
Assessments and Remediation, Property Condition Assessments,
and Forensic Engineering. He also serves as an expert in Mold and
Indoor Air Quality as well as the Virginia Graeme-Baker Pool and Spa
Safety Act.
He is a member of the Chemical Writing Committee for the National

Council of Examiners for Engineers and Surveyors. In this role, Mr.
Levine is involved in the preparation of the licensing exam for
Chemical Engineers. Mr. Levine can be reached by email at
alan@beacontees.com or by phone at (224) 619-4307.
Section 2
Classroom Materials
Welcome To The
Phase 1 Environmental Assessments
Copyright © 2011 by Real Estate Institute
 All rights reserved. No part of this presentation may be reproduced, stored in

any retrieval system or transcribed in any form or by any means (electronic,
mechanical, photocopy, recording or otherwise) without the prior written
permission of the Real Estate Institute.
 A considerable amount of care has been taken to provide accurate and timely
information. However, any ideas, suggestions, opinions, or general
knowledge presented are those of the authors and other contributors, and are
subject to local, state, and federal laws and regulations, court cases, and any
revisions
i i off th
the same. ThThe viewer
i iis encouraged
d tto consultlt llegall counsell
concerning any points of law. This presentation should not be used as an
alternative to competent legal counsel.
 THIS PRESENTATION IS AVAILABLE EXCLUSIVELY FOR STUDENTS

ENROLLED IN A COURSE WITH THE REAL ESTATE INSTITUTE.
 NO PARTY IS AUTHORIZED TO PROVIDE THIS MATERIAL TO OTHERS

WITHOUT PRIOR WRITTEN PERMISSION FROM THE REAL ESTATE
INSTITUTE.
Welcome to the Real Estate Institute

 Thank you for enrolling in this Illinois Continuing Legal Education course.
 In order to earn MCLE credit for this course, you must view this
presentation in its entirety. This format allows you to view at your own
pace. You may stop and restart the presentation during one or more
viewing sessions.
sessions You may also revisit sections of the presentation at
your convenience.
 In accordance with Illinois MCLE Board requirements, it is your

responsibility to view the entire presentation and verify your completion of
the course. Upon completion, you will earn MCLE credit for this course by
submitting an Affidavit of Course Completion to the Real Estate Institute.
 Additional instruction for earning course credit will be provided in the final
slide of this presentation.
Real Estate Institute Page 5 (800) 995-1700

Continuing Legal Education Division www.InstituteOnline.com
Using This Course Presentation
Course Navigation:
 Without any interaction, this course will continue to play to completion.
 If you wish to pause the presentation, press the PLAY/PAUSE button near the bottom of the viewer.
 This course is divided into several modules. The titles of each module are listed in the left-hand course
navigation panel. If you wish to navigate to a specific module, you may click the title in the left-hand
navigation panel
panel.
 Within a particular module, you may also fast-forward or rewind to a specific point in time.
 To do so, use the sliding progress indicator at the bottom of your screen.
 You may choose to view this course during separate viewing sessions. To exit the course, simply close
the course window in your Internet Browser. You may return to this course by clicking the link provided
with your enrollment confirmation e-mail OR by logging into your Real Estate Institute student home page.
 When returning to the course, you should navigate to the module where you wish to begin.
 Please contact the school if you require technical assistance.
Written Course Materials
 Additional written course materials may be accessed

by clicking on the word “Attachments” in the upper
right-hand corner of the viewer.
 Feel free to view these materials on-screen or by

printing hard copies.
Before You Begin

We hope you enjoy the course, which will begin on the next slide.
For information about the presenter, click the BIO button, to the right of
the presenter’s name.
If you have a specific inquiry regarding course content

content, please contact
us by phone or using the contact form at our website.

(800) 995-1700

Phase I Environmental Assessments
PRESENTED BY
Alan Levine, P.E.

Beacon Testing, Engineering, & Environmental Services, Inc.
www.beacontees.com
A member of
The Lighthouse Companies, Inc.
Topics for Discussion
 What is a Phase I ESA?

 The 2002 Brownfields Revitalization Act
 Criteria of “All Appropriate
pp p Inquiry”
q y
 Post Phase I ESA requirements
Topics for Discussion
• Phase II Site Investigations

• Tiered Approach to Corrective Action
Objectives (TACO)
• “No
No Further Remediation”
Remediation Letters
• Case Studies - Development of
Environmentally Impacted Properties
• Redevelopment Team Integration
• Questions / Discussion

What is a Phase I ESA?
 Initial “Environmental Site Assessment”

 Designed to identify “Recognized
Environmental Conditions” (RECs)
 Performed to satisfy the “Innocent
Landowner Defense”
 Generally does not include intrusive soil
or groundwater sampling
10
Phase I ESA
Purpose
 Identify potential sources of subsurface
contamination
 Protect Buyer’s Liability & Collateral Value
 New “All Appropriate Inquiry” (AAI) Rule
adds specific liability protections for
“Bonafide Prospective Purchaser”
11
Phase I ESA
Scope
 Historical Reviews
 Site Inspection
 Regulatory Database & Records
Review Timing
 Site visit and report preparation
 FOIA response
12

What is an REC?
Definition:
 “…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 release of any hazardous
substances or petroleum products into the
structures on the property or into the ground,
groundwater or surface water of the
property.”
13
What is an REC?
Common RECs
 Underground Storage Tanks
 Dry Cleaners
 Manufacturing sites
 Industrial Properties
14
What is an REC?
“Recognized Environmental Condition”

 Potential subsurface contaminant issue
 Presence of underground storage tanks (USTs)
15

What is an REC?

 Business Practices / Operational Issues
16
What is an REC?
 Historical property uses
1950 Sanborn 1975 Sanborn

17
What is an REC?
 Operational Issues
18

What is an REC?

 Adjacent Property Concerns
19
Components of a Phase I ESA
 Site inspection
 Historical review
 State and federal database review
 Review of past reports and FOIA
documents
 Non-ASTM scope items (e.g. asbestos)
20
Site inspection
 View all structures on site, look inside and
around the perimeter
 View the perimeter of the site and look at
the surrounding properties
 Conduct observations of nearby properties
 Look for signs of concern (staining,
damaged landscaping, dumping, etc.)
21

Historical review
 Need documentation of the historical uses
of the property, ideally with less than 5-10
5 10
year gaps
 Find time period when the site was
undeveloped
 Go back to the 1930s or earlier
22
Historical review
 Criss-Cross, Polk, Haines Directories
 Aerial Photographs
g p
 Topographic maps (current and historical)
 Sanborn Fire Insurance Maps
 Tax Records
 Interview of pertinent individuals
23
Historical review
 Public library
 Natural Resources Conservation Service
(NRCS)
 On-Line
• Terraserver
• HistoricAerials.com
24

Historical review – Sanborn1922
25
Historical review – Sanborn1932
26
Historical review – Aerial Photo 2008
27

Historical review – City Directory
28
Historical review – Topographic Map
29
 State and federal database review

• EDR
• First Search
 Review of past reports and FOIA
documents
• Federal & State EPA
• State Fire Marshal
30

Database review
31
Database review
32
Database components
 NPL - National Priority List a.k.a.
Superfund. Contaminated sites that
h
have b
been abandoned
b d d or ffor which
hi h th
there
is no solvent responsible party for
cleanup. Cleanup is conducted by the
US EPA.
33

Database components
• CERCLIS - Comprehensive Environmental
Response, Compensation, and Liability
Information System
System. Data on potentially
hazardous waste sites that have been
reported to the USEPA by states,
municipalities, private companies/persons
and are being considered for inclusion on
the National Priority List.
34
Database components
 RCRA
• Treatment, Storage, and Disposal Facilities
(TSDF)
• Large Quantity Generators (LQG)
• Small Quantity Generators (SQG)
• Conditionally Exempt Small Quantity Generators
(CESQG) and Non Generators
35
Database components
 ERNS – Emergency Response
Notification System. Information on
reported releases of oil and hazardous
substances.
36

Database components
 Underground Storage Tank (UST)
 Above Ground Storage Tanks (ASTs)

• Active UST Facilities
• Historic USTs
37
Database components
 Leaking Underground and Aboveground
Storage Tank Incident Reports. These
records contain an inventory of reported
leaking underground and aboveground
storage tank incidents with a release of
petroleum and/or regulated substances
into the environment.
38
Database review
39

Database review
40
Database review
41
Database review
42

Business Environmental Risks
Non-ASTM Scope
• Asbestos
• Lead (in water and paint)
• Radon
• Wetlands
• Regulatory Compliance
• Mold & Indoor Quality
• Residual Soil & Groundwater Contamination
(allowed to remain in place)
43
Brownfields Revitalization Act
 Legislation passed in 2002 which

amended the CERCLA /
Superfund laws
 Passed in an effort to stimulate
redevelopment of abandoned
industrial (i.e. “brownfield”) sites
 Added additional Superfund
liability protections, for
“contiguous property owners” and
“bona fide prospective
purchasers”
44
Brownfields Revitalization Act
• In order to qualify for additional liability

protections, one must perform “All Appropriate
Inquiry” (AAI) prior to the acquisition of the
property
• AAI Rule
R l ddeveloped
l dbby EPA through
h h the
h
Negotiated Rule Making Process with various
industry professionals
• AAI Rule criteria and other items required by the
Act are covered in the revised ASTM Standard E
1527-05 for Phase I ESAs
45

AAI and Revised Standard
 AAI performed under the direction of a

qualified “Environmental Professional” as
defined in the AAI rule and the revised ASTM
Standard
 Creates unprecedented “continuing
obligations” for owners to retain their
“innocent landowner defense”
 A “Transaction Screen” will no longer be
considered acceptable to qualify for “innocent
landowner defense”
46
AAI Mandatory Requirements
The Environmental Consultant shall:

 Perform a visual inspection of
the property and adjoining
properties
 Conduct interviews with past
and present owners, operators
and occupants to determine
potential for contamination
 Reviews of federal, state, and
local governmental records, as
well as “tribal” records
47
The Environmental Consultant shall:

 Review historical sources,
including aerial photographs,
fire insurance maps and
building department
documents, to determine
previous uses of the property
since the property was first
developed
 Address data gaps
48

The potential purchaser (i.e. “User”) shall:

 Search for recorded environmental clean-up liens
 Consider any specialized knowledge or
experience on the part of the purchaser about
potential contamination
 Consider the relationship of the purchase price
relative to the fair market value of the property
and “make a written record” if lower due to
reasons other than contamination
49
The Consultant and Potential Purchaser shall:

 Consider commonly known or
reasonably ascertainable
information
o a o abou about the
epproperty
ope y
 Consider the “degree of
obviousness” of the presence or
likely presence of contamination
at the property and evaluate the
ability to detect contamination
by additional appropriate
investigation
50
The Environmental Professional shall:

 Identify data gaps, evaluate their potential
for impact,
p and discuss in the report
p
 Data gaps may include missing or
unavailable documentation or site/access
limitations
 Evaluate if the data gaps are “significant”
51

Post Phase I ESA Requirements
 Compliance with land use restrictions

 Stop continuing releases
 Prevent future releases
 Prevent or limit human or natural
resource exposure (not further defined in
the standard)
52
Post Phase I ESA Requirements
 Do not impede the effectiveness of

institutional controls
 Provide cooperation, assistance and
access to EPA and state agencies with
CERCLA authority
53
Thank you for Participating

in Today’s Session!

Thank You For Viewing
This Course Presentation
To earn Illinois Attorney MCLE credit for this course, you must submit an Affidavit of
Course Completion to the Real Estate Institute within 30 days of course completion.
To complete and submit your Affidavit to the school, please click here:
www.InstituteOnline.com/Affidavit
After submitting your Affidavit, you will have the

opportunity to complete a course evaluation.
Upon receipt of your Affidavit, we will process your request and

issue a Certificate of Completion within two business days.
A copy of your Certificate will be sent to you via US Mail and e-mail.
Please contact us with any questions.
55


Phase I - Environmental Assessments - On-Demand Course Materials

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Phase I - Environmental Assessments - On-Demand Course Materials

Uploaded by

Copyright:

Available Formats

Attorney Continuing Legal Education Phase I Environmental

Real Estate Institute

© 2011 Real Estate Institute

Real Estate Institute

ONLINE CONTINUING LEGAL EDUCATION

Easily Complete CLE Anytime With A Self-Paced,

Alan Levine is the founder of Beacon Testing, Engineering, and

While working in manufacturing, Mr. Levine was involved in

He is a member of the Chemical Writing Committee for the National

Phase 1 Environmental Assessments

Copyright © 2011 by Real Estate Institute

 All rights reserved. No part of this presentation may be reproduced, stored in

 THIS PRESENTATION IS AVAILABLE EXCLUSIVELY FOR STUDENTS

 NO PARTY IS AUTHORIZED TO PROVIDE THIS MATERIAL TO OTHERS

Welcome to the Real Estate Institute

 In accordance with Illinois MCLE Board requirements, it is your

Real Estate Institute Page 5 (800) 995-1700

 Please contact the school if you require technical assistance.

Written Course Materials

 Additional written course materials may be accessed

 Feel free to view these materials on-screen or by

Before You Begin

If you have a specific inquiry regarding course content

Real Estate Institute

Real Estate Institute Page 6 (800) 995-1700

Alan Levine, P.E.

Topics for Discussion

 What is a Phase I ESA?

Topics for Discussion

• Phase II Site Investigations

Real Estate Institute Page 7 (800) 995-1700

 Initial “Environmental Site Assessment”

Real Estate Institute Page 8 (800) 995-1700

“Recognized Environmental Condition”

 Presence of underground storage tanks (USTs)

Real Estate Institute Page 9 (800) 995-1700

“Recognized Environmental Condition”

1950 Sanborn 1975 Sanborn

Real Estate Institute Page 10 (800) 995-1700

“Recognized Environmental Condition”

Components of a Phase I ESA

Components of a Phase I ESA

Real Estate Institute Page 11 (800) 995-1700

Components of a Phase I ESA

Components of a Phase I ESA

Real Estate Institute Page 12 (800) 995-1700

Historical review – Sanborn1922

Components of a Phase I ESA

Historical review – Sanborn1932

Components of a Phase I ESA

Historical review – Aerial Photo 2008

Real Estate Institute Page 13 (800) 995-1700

Historical review – City Directory

Components of a Phase I ESA

Historical review – Topographic Map

Components of a Phase I ESA

 State and federal database review

Real Estate Institute Page 14 (800) 995-1700

Components of a Phase I ESA

Components of a Phase I ESA

Real Estate Institute Page 15 (800) 995-1700

Components of a Phase I ESA

Components of a Phase I ESA