What’s this about a new Phase I Environmental Site Assessment Standard?

ASTM

TOPICS

ASTM E 1527-13

ASTM E 1527-21

Environmental Professional (EP) as Planner, Supervisor, and Interpreter

The Phase I ESA must be conducted by an EP or under the supervision of an EP. The person performing Interviews and site reconnaissance (if not the EP) must have sufficient training and experience necessary to conduct this work, and have the ability to identify issues that are or may be RECs. The EP reviews and interprets information on which the report is based.

The new standard emphasizes that the EP must be involved in planning interviews and site reconnaissance, and the person performing the interviews and site reconnaissance also needs to possess sufficient education (in addition to training and experience), and more specifically clarifies what constitutes the ability to identify issues that are or may be recognized environmental conditions (RECs). The new standard clarifies that the EP interprets the data collected to form the basis for findings, opinions, and conclusions in the report.

Features, Activities, Uses, and Conditions of Subject Property

The EP (or designee) must look for uses and conditions to the extent visually and/or physically observed during the site visit, and the uses and conditions must be included in interviews with owners, operators, and occupants.

The new standard adds “features and activities” to the site visit and interviews, and does not include a provision that the report only describe uses and conditions that are visually and/or physically observed onsite or identified during interviews. The new standard requires the features, uses, activities, and conditions be specifically described as to their presence or absence.

Retail Properties – Additional Source Review for Retail Properties

If the Subject Property is industrial or manufacturing in use, additional sources such as property tax records or building department records, should be reviewed, providing that they are readily available and relevant to the assessment.

If the property use is industrial, manufacturing, or retail in use, the review of additional resources is needed, if such sources are readily available and deemed relevant by the EP.

Physical Setting Review

The only standard physical setting source required to be obtained is the USGS 7.5-Minute Topographic Map. Other sources may be obtained at the discretion of the EP.

The topographic map is required to be included in the report, with required features. Requires inclusion of physical setting resources as part of agency file review.

Subject Property – Historical Sources Review

A clear and concise baseline regarding the minimum historical sources review needed to produce accurate findings and conclusion is not provided.

The new standard establishes a baseline to the amount of historical research required to complete a Phase I ESA. A review of at least historical aerials photographs, topographic maps, fire insurance maps (i.e., Sanborn Maps®), and city directories, also known as the “Big 4” historical sources is required for the Subject Property.

Adjoining Properties – Historical Sources Review

A review of the “Big 4” sources is not explicitly required. EPs can choose to only evaluate some resources without specifically documenting the rationale.

A review of the “Big 4” historical sources is required. If one or more of the sources cannot be reviewed, a statement describing the reason behind the lack of review must be provided.

REC, CREC, HREC, and de minimis Definitions

Definitions provide guidance; however, they allow for interpretation.

Clearer definitions as well as guidance documents are provided in the new standard. The definitions are less subject to interpretation and tools such as flow charts are provided to aid in producing accurate findings and conclusions. The new definitions are provided in Appendix X4.

Data Gaps

A definition for data gap is provided; however, it is subject to interpretation and does not effectively quantify its potential significance.

The new standard clarifies what situations constitute a “significant data gap.” While a data gap is defined as “a lack or inability to obtain information required by this practice despite good faith efforts by the environmental professional to gather such information”, a significant data gap is defined as "a data gap that affects the ability of the environmental professional to identify a recognized environmental condition."

Maps and Photographs

Inclusion of a site plan and photographs is not explicitly stated to be required in the Phase I ESA report.

Photographs of major site features, Subject Property features and locations that represent RECs, and de minimis conditions are required as part of the Phase I ESA repot. Additionally, a Subject Property map that depicts the Subject Property boundaries is now required.