42:
129:, known as the 'Innocent Landowner Defense'. The original standard under CERCLA for establishing an innocent landowner defense was based upon the requirement to perform a "all appropriate inquiry" prior to ownership transfer. At such time, engineering firms started performing professional engineering reports under a variety of monikers including, "Environmental Audits", "Property Transfer Screens", "Environmental Due-Diligence Reports" and "Environmental Site Assessments". In 1991,
543:
134:
contamination under the strict, joint and several liability scheme outlined in CERCLA. As a result of this decision, banks elevated their demands for pre-transfer all appropriate inquiries to hedge against financial risk. Starting in the New York market among banks and regional environmental consulting engineers, the term-of-choice evolved to be the Phase I Environmental Site
Assessment.
251:
583:
other modeling, and the design of feasibility studies for remediation and remedial plans. This study normally involves assessment of alternative cleanup methods, costs and logistics. The associated reportage details the steps taken to perform site cleanup and the follow-up monitoring for residual contaminants.
668:
radon testing; asbestos and lead-based paint testing and operations-and-maintenance (O&M) plans to manage the hazards in place; lead in drinking water; and mold inspection. For condominiums, Fannie Mae requires a Phase I ESA anytime the initial underwriting analysis indicates environmental concerns.
522:) now requires the completion of a Phase I prior to the transfer of some types of industrial properties. Some parts of Europe began to conduct Phase I studies on selected properties in the 1990s, but still lack the comprehensive attention given to virtually all major real estate transactions in the USA.
667:
are two specialized types of Phase I ESAs that are required when a loan is financed through
Freddie Mac or Fannie Mae. The scopes of work are based on the ASTM E1527-05 Standard but have specific requirements including the following: the percent and scope of the property inspection; requirements for
582:
is an investigation involving remediation of a site. Phase III investigations aim to delineate the physical extent of contamination based on recommendations made in Phase II assessments. Phase III investigations may involve intensive testing, sampling, and monitoring, "fate and transport" studies and
556:
is an "intrusive" investigation which collects original samples of soil, groundwater or building materials to analyze for quantitative values of various contaminants. This investigation is normally undertaken when a Phase I ESA determines a likelihood of site contamination. The most frequent
148:
The most recent standard is "Standards and
Practices for All Appropriate Inquiries" 40 Code of Federal Regulations, Section 312 which drew heavily from ASTM E1527-13, which is the ASTM Standard for conducting 'All Appropriate Inquiry' (AAI) for the environmental assessment of a real property.
133:
coined the industry term, “Environmental Site
Assessment” to replace the commonly used "Environmental Audit” for property transfer studies. A 1990 Court decision, No. 89-8094 (11th Cir. May 23, 1990), United States v. Fleet Factors Corp. found that a secured creditor can be liable for property
661:. The SBA also requires Phase II Environmental Site Assessment to be performed on any Gas Station that has been in operation for more than 5 years. The additional cost to perform this assessment cannot be included in the amount requested in the loan and adds significant costs to the borrower.
326:
In most cases, the public file searches, historical research and chain-of-title examinations are outsourced to information services that specialize in such activities. Non-Scope Items in a Phase I Environmental Site
Assessment can include visual inspections or records review searches for:
429:
A person not meeting one or more of those qualifications may assist in the conduct of a Phase I ESA if the individual is under the supervision or responsible charge of a person meeting the definition of an
Environmental Professional when concluding such activities.
533:
of
England and Wales have produced a set of guidance; CLEA a standardized approach to the assessment of land contamination. A Phase 1 Desktop Study is often required in support of a planning application. These reports must be assembled by a "competent person".
88:
If a site is considered contaminated, a Phase II environmental site assessment may be conducted, ASTM test E1903, a more detailed investigation involving chemical analysis for hazardous substances and/or petroleum hydrocarbons.
97:
As early as the 1970s specific property purchasers in the United States undertook studies resembling current Phase I ESAs, to assess risks of ownership of commercial properties which had a high degree of risk from prior toxic
76:
The actual sampling of soil, air, groundwater and/or building materials is typically not conducted during a Phase I ESA. The Phase I ESA is generally considered the first step in the process of environmental
656:
codes associated with the prior business use of the property. There are 58 specific NAICS codes that require Phase I Investigations. These include, but are not limited to: Funeral Homes, Dry
Cleaners, and
589:
is a truncated Phase I ESA, normally omitting one or more work segments such as the site visit or certain of the file searches. When the field visit component is deleted the study is sometimes called a
408:
who have been trained to integrate these diverse disciplines. Many states have professional registrations which are applicable to the preparers of Phase I ESAs; for example, the state of
880:
125:
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
412:
had a registration entitled "California
Registered Environmental Assessor Class I or Class II" until July 2012, when it removed this REA certification program due to budget cuts.
117:
demand increased dramatically for this type of study in the 1980s following judicial decisions related to liability of property owners to effect site cleanup. Interpreting the
701:
422:
a Baccalaureate or higher degree from an accredited institution of higher education in a discipline of engineering or science and 5 years equivalent full-time experience; or
376:
Observations of Non-scope Items can be reported as "findings" if requested by the report user, however, these items do not constitute recognized environmental conditions.
258:
Depending upon precise protocols utilized, there are a number of variations in the scope of a Phase I study. The tasks listed here are common to almost all Phase I ESAs:
675:
280:
Review of Federal, State, Local and Tribal Records out to distances specified by the ASTM 1528 and AAI Standards (ranging from 1/8 to 1 mile depending on the database)
419:
a current Professional Engineer's or Professional Geologist's license or registration from a state or U.S. territory with 3 years equivalent full-time experience; or
923:
948:
938:
846:
441:
While there are myriad sites that have been analyzed to date within the United States, the following list will serve as examples of the subject matter:
102:
use or disposal. Many times these studies were preparatory to understanding the nature of cleanup costs if the property was being considered for
415:
Under ASTM E 1527-13 parameters were set forth as to who is qualified to perform Phase I ESAs. An Environmental Professional is someone with:
283:
Interview of persons knowledgeable regarding the property history (past owners, present owner, key site manager, present tenants, neighbors).
550:
There are several other report types that have some resemblance in name or degree of detail to the Phase I Environmental Site Assessment:
61:, typically addresses both the underlying land as well as physical improvements to the property. A proportion of contaminated sites are "
933:
254:
Asbestos-containing materials are not typically surveyed during a Phase I site inspection, but suspect building materials may be noted
857:
918:
138:
724:
815:
928:
601:
223:. The examination of a site may include: definition of any chemical residues within structures; identification of possible
641:
604:, which identifies environmental impacts of a land development action and analyzes a broad set of parameters including
943:
433:
Most site assessments are conducted by private companies independent of the owner or potential purchaser of the land.
847:
https://dtsc.ca.gov/regs/regulations-registered-environmental-assessor-i-ii-program-change-without-regulatory-effect/
141:. This act requires purchasers of commercial property to perform a Phase I study meeting the specific standard of
81:. Standards for performing a Phase I site assessment have been promulgated by the US EPA and are based in part on
691:
384:
Often a multi-disciplinary approach is taken in compiling all the components of a Phase I study, since skills in
122:
53:
is a report prepared for a real estate holding that identifies potential or existing environmental contamination
898:
885:
267:
114:
66:
35:
31:
518:, there is a strong movement to conduct Phase I studies more routinely. At least one jurisdiction in Canada (
696:
600:
has little to do with the subject of hazardous substance liability, but rather is a study preliminary to an
503:
405:
145:
E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.
149:
Previous guidances regarding the ASTM E1527 standard were ASTM E1527-97, ASTM E1527-00, and ASTM E1527-05.
152:
Residential property purchasers are only required to conduct a site inspection and chain of title survey.
41:
137:
In 1998 the necessity of performing a Phase I ESA was underscored by congressional action in passing the
488:
370:
881:
Environmental Aspects of Real Estate and Commercial Transactions: From Brownfields to Green Buildings
526:
469:
17:
868:
810:
609:
494:
858:
https://www.govinfo.gov/content/pkg/CFR-2011-title40-vol28/pdf/CFR-2011-title40-vol28-part312.pdf
530:
305:
298:
244:
208:
262:
Performance of an on-site visit to view present conditions (chemical spill residue, die-back of
121:(CERCLA), the U.S. courts have held that a buyer, lessor, or lender may be held responsible for
322:
Examine chain-of-title for Environmental Liens and/or Activity and Land Use Limitations (AULs).
354:
228:
186:
126:
679:
169:
678:
also requires a Phase I ESA for any condominium under construction that wishes to offer an
613:
365:
290:
220:
62:
54:
286:
Examine municipal or county planning files to check prior land usage and permits granted.
219:
quality, vapor intrusion, and sometimes issues related to hazardous substance uptake by
465:
449:
266:, etc.); hazardous substances or petroleum products usage (presence of above ground or
160:
A variety of reasons for a Phase I study to be performed exist, the most common being:
912:
645:
617:
482:
478:
294:
236:
216:
165:
103:
78:
731:
625:
605:
565:
542:
397:
628:
risks, visual impacts, public safety issues and also hazardous substance issues.
658:
649:
561:
546:
Storage and handling of toxics is assessed for each site within a Phase I study.
499:
212:
176:
455:
409:
389:
334:
316:
263:
250:
192:
Existing property owner's desire to understand toxic history of the property.
820:
798:
569:
558:
385:
232:
195:
Compulsion by a regulatory agency who suspects toxic conditions on the site.
119:
Comprehensive Environmental Response, Compensation and Liability Act of 1980
118:
70:
130:
769:
755:
652:
transactions. Due diligence requirements are determined according to the
445:
274:, etc.); and evaluate any likely environmentally hazardous site history.
224:
107:
99:
69:
where they will be subject to the U.S. Environmental Protection Agency's
725:"EPA Standards and Practices for All Appropriate Inquiries -Final Rule"
644:'s 504 Fixed Asset Financing Program require specific and often higher
621:
573:
519:
459:
393:
277:
Evaluation of risks of neighboring properties upon the subject property
525:
In the United Kingdom contaminated land regulation is outlined in the
401:
240:
833:
653:
541:
40:
312:
271:
142:
82:
293:, county health department, etc.) having oversight relative to
289:
Conduct file searches with public agencies (State water board,
175:
Contemplation by a new lender to provide a loan on the subject
665:
Freddie Mac/Fannie Mae Phase I Environmental Site Assessments
45:
Any piece of real estate can be the subject of a Phase I ESA.
182:
Partnership buyout or principal redistribution of ownership.
27:
Contamination assessment for US real estate, known as 'ESA'
65:." In severe cases, brownfield sites may be added to the
189:
for change of use or other discretionary land use permit.
834:"Components of a Phase I Environmental Site Assessment"
207:
Scrutiny of the land includes examination of potential
796:
A Lender's Guide to Environmental Liability Management
425:
have the equivalent of 10 years full-time experience.
702:
Institute of Environmental Management and Assessment
404:
are frequently required. Many of the preparers are
474:
East Elk Grove Specific Plan, Elk Grove, California
235:substances stored or used on site; assessment of
676:U.S. Department of Housing and Urban Development
640:properties purchased through the United States
487:Richmond State Hospital Farm Industrial Park,
587:Limited Phase I Environmental Site Assessment
454:Esso Canada Ltd. Former Bulk Fuels Facility,
331:Asbestos Containing Building Materials (ACBM)
8:
719:
717:
794:Thomas M Missimer and Missimer M Missimer,
783:Superfund Cleanup Acceleration Act of 1998
139:Superfund Cleanup Acceleration Act of 1998
756:"ASTM Standard E1527-13 for Phase I ESAs"
672:HUD Phase I Environmental Site Assessment
632:SBA Phase I Environmental Site Assessment
538:Other environmental site assessment types
315:maps to scrutinize drainage patterns and
899:"Phase I Environmental Site Assessments"
816:Site Assessment and Remediation Handbook
249:
168:by a person or entity not previously on
770:"ASTM Standard E1903 for Phase II ESAs"
713:
580:Phase III Environmental Site Assessment
514:In Japan, with the passage of the 2003
924:Environmental law in the United States
554:Phase II Environmental Site Assessment
516:Soil Contamination Countermeasures Law
18:Phase I Environmental Site Assessment
7:
949:Environmental law legal terminology
25:
939:Property law in the United States
351:Threatened and Endangered Species
57:. The analysis, often called an
888:, ed. by James B. Witkin (2002)
869:Desktop Study Reports (Phase 1)
785:, U.S. Congress, March 26, 1998
602:Environmental Impact Statement
1:
642:Small Business Administration
51:environmental site assessment
965:
934:American legal terminology
648:requirements than regular
493:Sydney Steel Plant Lands,
243:; and evaluation of other
198:Divestiture of properties.
29:
692:Environmental remediation
268:underground storage tanks
49:In the United States, an
886:American Bar Association
598:Environmental Assessment
406:environmental scientists
115:United States of America
67:National Priorities List
36:Phase 1 (disambiguation)
32:Level 1 (disambiguation)
919:Environmental economics
697:Environmental scientist
504:Federal Way, Washington
557:substances tested are
547:
448:U.S. Postal Facility,
339:Lead in Drinking Water
255:
85:in Standard E1527-13.
46:
929:Environmental reports
682:to potential buyers.
576:, asbestos and mold.
545:
510:International context
489:Wayne County, Indiana
477:Mariners Marsh Park,
371:Emerging contaminants
253:
44:
527:Environment Act 1995
470:Brisbane, California
131:Impact Environmental
30:For other uses, see
610:environmental noise
502:Technology Center,
495:Sydney, Nova Scotia
390:atmospheric physics
304:Examine historical
944:Soil contamination
592:Transaction Screen
548:
531:Environment Agency
306:aerial photography
299:soil contamination
256:
245:indoor air quality
229:building materials
209:soil contamination
156:Triggering actions
47:
362:Earthquake Hazard
355:Mercury poisoning
185:Application to a
16:(Redirected from
956:
903:
902:
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889:
877:
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866:
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792:
786:
780:
774:
773:
766:
760:
759:
752:
746:
745:
743:
742:
736:
730:. Archived from
729:
721:
680:FHA insured loan
639:
638:
335:Lead-Based Paint
311:Examine current
308:of the vicinity.
63:brownfield sites
21:
964:
963:
959:
958:
957:
955:
954:
953:
909:
908:
907:
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897:
896:
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878:
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827:
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763:
754:
753:
749:
740:
738:
734:
727:
723:
722:
715:
710:
688:
636:
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614:water pollution
540:
512:
439:
382:
366:Vapor intrusion
291:fire department
231:; inventory of
205:
158:
95:
39:
28:
23:
22:
15:
12:
11:
5:
962:
960:
952:
951:
946:
941:
936:
931:
926:
921:
911:
910:
905:
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890:
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850:
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803:
787:
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687:
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539:
536:
511:
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485:
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466:Dakin Building
463:
452:
450:Juneau, Alaska
438:
435:
427:
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420:
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368:
363:
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157:
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94:
91:
26:
24:
14:
13:
10:
9:
6:
4:
3:
2:
961:
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947:
945:
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876:
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865:
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851:
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843:
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811:Sara N Martin
807:
804:
800:
797:
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771:
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748:
737:on 2008-12-03
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693:
690:
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685:
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669:
666:
662:
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651:
647:
646:due diligence
643:
633:
629:
627:
623:
619:
618:air pollution
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611:
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595:
593:
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584:
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528:
523:
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479:Staten Island
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444:
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296:
295:water quality
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285:
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279:
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273:
270:, storage of
269:
265:
261:
260:
259:
252:
248:
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242:
238:
234:
230:
226:
222:
218:
217:surface water
214:
210:
202:
197:
194:
191:
188:
187:public agency
184:
181:
178:
174:
171:
167:
166:real property
163:
162:
161:
155:
153:
150:
146:
144:
140:
135:
132:
128:
124:
120:
116:
111:
109:
106:or change of
105:
104:redevelopment
101:
92:
90:
86:
84:
80:
79:due diligence
74:
72:
68:
64:
60:
56:
52:
43:
37:
33:
19:
893:
879:
875:
864:
853:
842:
828:
814:
806:
795:
790:
782:
778:
764:
750:
739:. Retrieved
732:the original
671:
670:
664:
663:
659:Gas Stations
631:
630:
626:geotechnical
606:biodiversity
597:
596:
591:
586:
585:
579:
578:
566:heavy metals
562:hydrocarbons
553:
552:
549:
524:
515:
513:
440:
432:
428:
414:
398:microbiology
383:
375:
325:
257:
247:parameters.
206:
164:Purchase of
159:
151:
147:
136:
112:
96:
87:
75:
58:
50:
48:
650:Real Estate
500:Weyerhauser
359:Debris flow
227:containing
213:groundwater
177:real estate
127:safe harbor
123:remediation
55:liabilities
913:Categories
741:2007-08-25
708:References
570:pesticides
456:Owen Sound
410:California
317:topography
264:vegetation
93:Background
73:program.
821:CRC Press
799:CRC Press
559:petroleum
400:and even
386:chemistry
380:Preparers
233:hazardous
215:quality,
71:Superfund
686:See also
574:solvents
483:New York
462:, Canada
446:Auke Bay
437:Examples
348:Wetlands
225:asbestos
108:land use
100:chemical
622:traffic
520:Ontario
460:Ontario
394:geology
301:issues.
113:In the
823:(2003)
801:(1996)
634:means
529:. The
402:botany
241:mildew
735:(PDF)
728:(PDF)
654:NAICS
345:Radon
272:acids
221:biota
203:Scope
170:title
674:The
342:Mold
313:USGS
297:and
239:and
237:mold
143:ASTM
83:ASTM
34:and
637:all
388:,
59:ESA
915::
884:,
819:,
813:,
716:^
624:,
620:,
616:,
612:,
608:,
594:.
572:,
568:,
564:,
481:,
468:,
458:,
396:,
392:,
211:,
110:.
901:.
836:.
772:.
758:.
744:.
319:.
179:.
172:.
38:.
20:)
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