Tag Archive for phase II

Due Diligence

According to Wikipedia:

Due diligence” is a term used for a number of concepts involving either an investigation of a business or person prior to signing a contract, or an act with a certain standard of care. It can be a legal obligation, but the term will more commonly apply to voluntary investigations. A common example of due diligence in various industries is the process through which a potential acquirer evaluates a target company or its assets for acquisition.

ASTM E 1527-05

Scope of ASTM E 1527-05:

The purpose of this practice is to define good commercial and customary practice in the United States of America for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601) and petroleum products. As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the “landowner liability protections,” or “LLPs”): that is, the practice that constitutes “all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice” as defined at 42 U.S.C. 9601(35)(B). (See for an outline of CERCLA’s liability and defense provisions.) Controlled substances are not included within the scope of this standard. Persons conducting an environmental site assessment as part of an EPA Brownfields Assessment and Characterization Grant awarded under CERCLA 42 U.S.C. 9604(k)(2)(B) must include controlled substances as defined in the Controlled Substances Act (21 U.S.C. 802) within the scope of the assessment investigations to the extent directed in the terms and conditions of the specific grant or cooperative agreement. Additionally, an evaluation of business environmental risk associated with a parcel of commercial real estate may necessitate investigation beyond that identified in this practice

Phase II Environmental Site Assessment

Recently completed Phase II ESAs:

Since 2007, CEE Principal Jennie Conger has successfully completed more than 100 Phase I and Phase II ESA projects for the City of Phoenix. These projects have been completed for the following City of Phoenix departments:

  • Aviation
  • Water Services
  • Finance/Real Estate
  • Neighborhood Services

According to Wikipedia a Phase II ESA is:

a more detailed investigation involving chemical analysis for hazardous substances and/or petroleum hydrocarbons.

Phase I Environmental Site Assessment

Recently Completed Phase I ESAs:

Since 2007, CEE Principal Jennie Conger has successfully completed more than 100 Phase I and Phase II ESA projects for the City of Phoenix. These projects have been completed for the following City of Phoenix departments:

  • Aviation
  • Water Services
  • Finance/Real Estate
  • Neighborhood Services

According to Wikipedia:

In the United States, an environmental site assessment is a report prepared for a real estate holding that identifies potential or existing environmental contamination liabilities. The analysis, often called an ESA, typically addresses both the underlying land as well as physical improvements to the property. A proportion of contaminated sites are “brownfield sites.” In severe cases, brownfield sites may be added to the National Priorities List where they will be subject to the U.S. Environmental Protection Agency’s Superfund program.

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 due diligence. Standards for performing a Phase I site assessment have been promulgated by the US EPA and are based in part on ASTM E1527-05.

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.

ARRA

Many of the Phase I ESAs prepared by CEE’s environmental professionals were completed for projects that received American Recovery and Reinvestment Act (ARRA) funding. These projects required special considerations due to this federal funding source.