Any piece of real estate can be the subject of a Phase I ESA.

A Phase I Environmental Site Assessment is a report prepared for a real estate holding which identifies potential or existing environmental contamination liabilities. The analysis, often called a Phase I ESA, typically addresses both the underlying land as well as physical improvements to the property; however, techniques applied in a Phase I ESA never include actual collection of physical samples or chemical analyses of any kind. Research on the previous uses of the subject property and nearby properties is conducted to determine if there is a potential for soil and/or groundwater contamination The Phase I Environmental Site Assessment report specifically does NOT include mildew, mold, radon, asbestos, wetlands, flood plains, and lead-based paint (ASTM Standard E-1527-05, 2005)</ref>. Wikipedia does not have an article with this exact name. ... Wikipedia does not have an article with this exact name. ... In the most general sense, a liability is anything that is a hindrance, or puts individuals at a disadvantage. ...

The Phase I report is required by all FDIC-member banks prior to underwriting commercial and industrial real estate loans, as well as, new residential developments. Standards for performing a Phase I site assessment have been promulgated by ASTM in Standard E1527-05.^[1] The new EPA Law, All Appropriate Inquiries, is now being enforced for conducting Phase I reports. The new law now makes it illegal for asbestos technicians, mold technicians, home inspectors, etc. to conduct Phase I reports. The new law came about after large numbers of unqualified people were performing environmental assessments and creating lawsuits and corrupting an important industry. This rampant corruption was finally addressed with the new law that went into effect in November of 2006. The purpose of a Phase I report is to determine if there is a need for a Phase II Environmental Assessment. If a site has a potential for soil and/or groundwater contamination, a Phase II Environmental Site Assessment should be conducted by a highly experienced geologist or environmental engineer. Comprehensive understanding of soil and groundwater is required in order to design the correct soil boring and monitoring well installations that should discover, characterize or delineate contamination that could be impacting human health, the water supply and the value of the subject property, and neighboring properties. ASTM International is an international voluntary standards organization that develops and produces technical standards for materials, products, systems and services. ...

History

As early as the 1970s specific property purchasers in the USA 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 chemical use or disposal. Many times these studies were preparatory to understanding the nature of cleanup costs if the property was being considered for redevelopment or change of land use. A chemical substance is any material substance used in or obtained by a process in chemistry: A chemical compound is a substance consisting of two or more chemical elements that are chemically combined in fixed proportions. ... Generally, remediation means giving a remedy. ... Urban renewal (also called urban regeneration in British English) is a movement in urban planning that reached its peak in the United States from the late 1940s through the early 1970s. ... Land use is the pattern of construction and activity land is used for. ...

Leaking underground storage tanks are one source of hazardous substance liability

In the United States of America 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 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' for such a new purchaser or his lenders. Image File history File linksMetadata Download high-resolution version (1944x1244, 272 KB) Summary i took this photo and release all rights to wikipedia Licensing I, the creator of this work, hereby release it into the public domain. ... Image File history File linksMetadata Download high-resolution version (1944x1244, 272 KB) Summary i took this photo and release all rights to wikipedia Licensing I, the creator of this work, hereby release it into the public domain. ... An Underground Storage Tank (UST) is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground. ... Checking the status of a cleanup site Superfund is the common name for the United States environmental law that is officially known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 to 9675, which was enacted by the United States Congress on December 11... Generally, remediation means giving a remedy. ... In literal terms, safe harbor or safe harbour is a harbor which is protected and provides safety from weather or attack. ...

In 1998 the necessity of performing a Phase I ESA was underscored by congressional action in passing the Superfund Cleanup Acceleration Act of 1998^[2]. This act requires purchasors of commercial property to perform a Phase I study meeting the specific standard of ASTM E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. ASTM International is an international voluntary standards organization that develops and produces technical standards for materials, products, systems and services. ...

The most recent standard is ASTM E1527-05 which has become known as 'All Appropriate Inquiry' (AAI). Previous guidances regarding the ASTM E1527 standard were ASTM E1527-97 and ASTM E1527-00.

Residential property purchasers need only conduct a site inspection and chain of title survey.

Actions triggering the Phase I ESA

A variety of actions^[3] can cause a Phase I study to be performed for a commercial property, the most common being:

• Purchase of real property by a person or entity not previously on title.
• Contemplation by a new lender to provide a loan on the subject real estate.
• Partnership buyout or principal redistribution of ownership.
• Application to a public agency for change of use or other discretionary land use permit.
• Existing property owner’s desire to understand toxic history of the property.
• Compulsion by a regulatory agency who suspects toxic conditions on the site.
• Divestiture of properties

Real property is a legal term encompassing real estate and ownership interests in real estate (immovable property). ... Title is a legal term for an owners interest in a piece of property. ... Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... Land use is the pattern of construction and activity land is used for. ... Two ships of the United States Navy have borne the name USS Permit, named in honor of the permit, a food fish, often called round pompano, found in waters from North Carolina to Brazil. ... History studies the past in human terms. ...

Scope of the Phase I ESA

Asbestos fibers are not visible in a Phase I site inspection, but suspect building materials are noted

Depending upon precise protocols utilized, there are a number of variations in the scope of a Phase I study. The tasks listed here are extremely common to almost all Phase I ESAs: Image File history File linksMetadata Download high resolution version (880x665, 153 KB) File links The following pages link to this file: Asbestos Metadata This file contains additional information, probably added from the digital camera or scanner used to create or digitize it. ... Image File history File linksMetadata Download high resolution version (880x665, 153 KB) File links The following pages link to this file: Asbestos Metadata This file contains additional information, probably added from the digital camera or scanner used to create or digitize it. ...

• Performance of an on-site visit to view present conditions (chemical spill residue, die-back of vegetation, etc) ; hazardous substances or petroleum products usage (presence of above ground or underground storage tanks, storage of acids, etc.); and evaluate any likely environmentally hazardous site history.
• Evaluation of risks of neighbouring properties upon the subject property
• Interview of persons knowledgeable regarding the property history (past owners, present owner, key site manager, present tenants, neighbours).
• Examine municipal or county planning files to check prior land usage and permits granted
• Conduct file searches with public agencies (State water board, fire department, county health department, etc) having oversight relative to water quality and soil contamination issues.
• Examine historic aerial photography of the vicinity.
• Examine current USGS maps to scrutinize drainage patterns and topography.
• Examine chain-of-title for Environmental Liens and/or Acivity and Land Use Limitations (AULs).

Non-Scope Items in a Phase I Environmental Site Assessments can include visual inspections or records review searches for: Vegetation is a general term for the plant life of a region; it refers to the ground cover provided by plants, and is, by far, the most abundant biotic element of the biosphere. ... An Underground Storage Tank (UST) is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground. ... Acidity redirects here. ... Firefighter with an axe A firefighter, sometimes still called a fireman though women have increasingly joined firefighting units, is a person who is trained and equipped to put out fires, rescue people and in some areas provide emergency medical services. ... Water quality is the chemical and physical characterization of water. ... Excavation of leaking underground storage tank causing soil contamination Soil contamination is the presence of man-made chemicals or other alteration of the natural soil environment. ... The Georgian terrace of Royal Crescent (Bath, England) from a hot air balloon Dulles Airport in Reston, Virginia, from an airplane Intersection of E42 and E451 from an aircraft soon after takeoff from Frankfurt International Airport Moreton Island in Queensland, Australia Aerial photography is the taking of photographs from the... The United States Geological Survey (USGS) is a scientific agency of the United States government. ... This article is about Topography as the study of landforms at any scale. ...

• Asbestos Containing Building Materials (ACBM)
• Lead-Based Paint
• Lead in Drinking Water
• Mold
• Radon
• Wetlands
• Threatened and Endangered Species
• Earthquake Hazard

Preparers

Often a multi-disciplinary approach is taken in compiling all the components of a Phase I study, since skills in chemistry, geology and environmental engineering are required. A comprehensive understanding of soil and groundwater science is required under the new EPA Law. Many states have professional registrations which are applicable to the preparers of Phase I ESAs; for example, the state of California has a registration entitled Registered Environmental Assessor. However, this registration is not required in California to conduct Phase I reports and is only a voluntary registration, and does not qualify the individual for Phase II investigations. The requirements on a national level by the new EPA Law is that an Environmental Professional, as indicated in 40 Code of Federal Regulations Part 312, conduct Phase I Environmental Site Assessment reports. Any report that is not certified by an Environmental Professional is not valid and will be rejected as an "innocent landowner's defense" and will not provide "landowner's liability protection." Chemistry - the study of atoms, made of nuclei (conglomeration of center particles) and electrons (outer particles), and the structures they form. ... This article includes a list of works cited but its sources remain unclear because it lacks in-text citations. ... Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ...

Under ASTM E 1527-05 parameters were set forth as to who is qualified to perform Phase I ESAs. The new parameter defined an Environmental Professional as someone with 1) 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; 2) have 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 3) have the equivalent of 10 years full-time experience.

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 direct supervision or responsible charge of a person meeting the definition of an Environmental Professional when concluding such activities. However, the EP should be supervising every aspect of the investigation, including conclusions and recommendations. The EPA found several instances where supervisors of these reports had no experience or educational background in soil and groundwater assessments. Some companies have been found to have operatons managers with no geology, environmental science or environmental engineering degree and no apparent reason to be conducting environmental assessment reports. These companies are commonly known as "green light" companies and are paid by real estate agents to purposely not find contamination to make a real estate deal go through. The most famous case of this corruption was the Bel Mont High School Disaster that occurred in Los Angeles, California. The EPA requires that resumes be included in a Phase I report under the new law. If the manager or supervisor has taken some computer courses and snuck into the environmental assessment industry, and managed to put many "fake" reports into the market, the new law is designed to stop this corruption. Environmental assessments of oil well properties, as in the Belmont case, have to be done correctly, or it can be a major lawsuit. In the Belmont case it cost taxpayers close to 1 billion dollars and the Los Angeles School District Managers, including the Superintendent of Education, were brought up on criminal charges. So, if a consultant states in a report that a previous oil well on a property is not an issue because it was dry and abandoned, they are either incompetent or corrupt, and a second opinion should be sought out.

Examples

While there are a myriad of sites that have been analyzed to date within the United States, the following list will serve as examples of the subject matter:

• Auke Bay U.S. Postal Facility, Juneau, Alaska
• Esso Canada Ltd. Former Bulk Fuels Facility, Owen Sound, Ontario, Canada
• Dakin Building, Brisbane, California
• East Elk Grove Specific Plan, Elk Grove, California
• Mariners Marsh Park, Staten Island, New York
• Richmond State Hospital Farm Industrial Park, Wayne County, Indiana
• Sydney Steel Plant Lands, Sydney, Nova Scotia
• Weyerhauser Technology Center, Federal Way, Washington

Location in Juneau City and Borough, Alaska Coordinates: Country United States State Alaska Borough Juneau City and Borough Founded 1881 Incorporated 1890  - Mayor Bruce Botelho Area    - City  3,255. ... Motto: Ut Incepit Fidelis Sic Permanet (Latin: Loyal she began, loyal she remains) Capital Toronto Largest city Toronto Official languages English Government - Lieutenant-Governor James K. Bartleman - Premier Dalton McGuinty (Liberal) Federal representation in Canadian Parliament - House seats 106 - Senate seats 24 Confederation July 1, 1867 (1st) Area Ranked 4th... Dakin Building The Dakin Building is an architectural award winning class A office building on the San Francisco Bay in Brisbane, California. ... Brisbane is a small city located in the northern part of San Mateo County, California. ... Staten Island, in yellow, lies to the southwest of the rest of New York City. ... Nickname: Location in the state of New York Coordinates: Country United States State New York Boroughs The Bronx Brooklyn Manhattan Queens Staten Island Settled 1625 Government  - Mayor Michael Bloomberg (R) Area  - City  468. ... Richmond is the county seat. ... Downtown Sydney, Nova Scotia. ... now. ... Location in Washington Coordinates: Country United States State Washington County King County Incorporated 1990 Government  - Mayor Mike Park  - City manager Neal Beets Area [1]  - City  21. ...

International context

In Japan, with the passage of the 2002 Soil Contamination Countermeasures Law, there is a strong movement to conduct Phase I studies more routinely. At least one jurisdiction in Canada (Ontario) 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. Motto: Ut Incepit Fidelis Sic Permanet (Latin: Loyal she began, loyal she remains) Capital Toronto Largest city Toronto Official languages English Government - Lieutenant-Governor James K. Bartleman - Premier Dalton McGuinty (Liberal) Federal representation in Canadian Parliament - House seats 106 - Senate seats 24 Confederation July 1, 1867 (1st) Area Ranked 4th...

Other types of ESA

Storage and handling of toxics is assessed for each site within a Phase I study.

There are several other report types that have some resemblance in name or degree of detail to the Phase I Environmental Site Assessment: Pesticide to be sprayed on food crops. ... Pesticide to be sprayed on food crops. ...

Phase II Environmental Site Assessment is an investigation which collects original samples of soil, groundwater or building materials to analyze for quantitative values of various contaminants^[4]. This investigation is normally undertaken when a Phase I ESA determines a likelihood of site contamination. The most frequent substances tested are petroleum hydrocarbons, heavy metals, pesticides, solvents, asbestos and mold. Pumpjack pumping an oil well near Lubbock, Texas Ignacy Łukasiewicz - inventor of the refining of kerosene from crude oil. ... Oil refineries are key to obtaining hydrocarbons; crude oil is processed through several stages to form desirable hydrocarbons, used in fuel and other commercial products. ... A heavy metal is any of a number of higher atomic weight elements, which has the properties of a metallic substance at room temperature. ... A cropduster spreading pesticide. ... A solvent is a liquid that dissolves a solid, liquid, or gaseous solute, resulting in a solution. ...

Phase III Environmental Site Assessment is an investigation involving remediation of a site. 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. Generally, remediation means giving a remedy. ...

Limited Phase I Environmental Site Assessment 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 Transaction Screen.

Environmental Assessment has little to do with the subject of hazardous substance liability, but rather is a study preliminary to an Environmental Impact Statement, which identifies environmental impacts of a land development action and analyzes a broad set of parameters including biodiversity, environmental noise, water pollution, air pollution, traffic, geotechnical risks, visual impacts, public safety issues and also hazardous substance issues. According to the National Environmental Policy Act (NEPA) whenever the U.S. Federal Government takes a major Federal action significantly affecting the quality of the human environment it must first consider the environmental impact in a document called an Environmental Impact Statement (EIS). ... Rainforests are among the most biodiverse ecosystems on earth Biodiversity is the variation of taxonomic life forms within a given ecosystem, biome or for the entire Earth. ... Environmental Noise, is unwanted sound, which may cause either nuisance or damage to health. ... Water pollution is a large set of adverse effects upon water bodies such as lakes, rivers, oceans, and groundwater caused by human activities. ... Air pollution is a chemical, physical (e. ... Nighttime traffic captured by a camera over several seconds. ... Geotechnical engineering is concerned with the engineering properties of earth materials. ...

See also

• Environmental scientist
• Remediation

Environmental science is the science of the interactions between the physical, chemical, and biological components of the environment, including their effects on all types of organisms. ... Generally, remediation means giving a remedy. ...

References

External links

• ASTM E1527-05 Standard Guide for Phase I Studies
• Report on Japan’s Phase I studies
• Legal perspective on Phase I studies