What to Expect in the Phase I ESA Standard Update
/The current Phase I Environmental Site Assessment (ESA) standards are due to sunset next year in 2021. Several potential changes are currently in discussion which may result in significant differences between the current and upcoming standard.
In the United States, a Phase I ESA is the starting point in the environmental due diligence process for real estate. Phase I ESAs examine various historic and regulatory data sources and inspect the property for potential or actual environmental contamination.
Standards for Phase I ESAs are established by the American Society for Testing and Materials (ASTM) in ASTM E1527: Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. ASTM is required to revise the Phase I standard every eight years. The last update was in 2013, so the current standards will need to be updated by 2021. As a result, the ASTM E50 Committee on Environmental Assessments is in the process of developing an updated standard. While it has not been finalized, several possible changes are being proposed with potential significance to firms that are looking to have Phase I ESAs performed on properties of interest.
Proposed Changes to the ASTM Phase I ESA Standard
Below are five of the most important potential changes that are being discussed:
Addition of a non-scope section for new chemicals of concern including Perfluoroalkyl Substances (PFAS) and other emerging compounds of concern.
The proposed section is not expected to list specific compounds for assessors to investigate, but assessors would have a section to list possible compounds of concern at the Site that may be regulated more strictly in the future. Given the increasing concern over PFAS and the increased likelihood of the EPA more heavily regulating them, having a section to discuss potential PFAS contamination at a Site would provide pertinent information to potential buyers and creditors.
Our take: KERAMIDA has taken a keen interest in PFAS as a class of compounds with growing concern for environmental health. As a chemist, the author is working with a senior mentor to develop new options for sampling and identification as well as remediation of PFAS compounds.
Changes to how report writers carry out historic searches have also been proposed.
Currently, the standard only requires a historic search of the Site itself, but it has been proposed that this should be expanded to the Site and its surroundings and not just the Site itself. Additionally, historic documents of the Site should identify likely Site use where possible.
Our take: KERAMIDA already performs detailed historical searches through multiple data sets for both the Site and the surrounding area and always attempts to identify likely use of the Site whenever likely historic use can be estimated or determined.
The treatment of data gaps in reports may also change.
The new standard may ask report writers to comment on how a data gap may affect the ability to ID RECs and will ask writers to discuss how they address data gaps with other resources.
Our take: KERAMIDA has always tried to minimize data gaps by digging deeper or using other resources wherever possible and as such is well positioned to adapt to this proposal if it is included in the new standard.
The requirement for Environmental Professionals (EPs) to perform Site visits may also change.
The standard may be loosened to allow EPs in training to do Site visits for EPs instead of requiring EPs to do a Site walk.
Our take: KERAMIDA always has EPs perform Site walks and does not expect to change company policy even if the standard is loosened – although this will be evaluated once the new standard is published.
Standards for identifying RECs at service stations or dry cleaners are likely to change.
Even for historic cleaners and service stations, contamination is reasonably likely to be present despite lack of any spill or release documentation.
Our take: KERAMIDA generally treats any historic dry cleaner as a potential source of chlorinated solvent contamination due to small, unreported releases that are common during normal operations at cleaners and similar scrutiny is given to historic service stations as well.
While the specifics of the updated standard will not be known until the standard is finalized, KERAMIDA is well positioned to meet and exceed the new standard when it is initiated. Even under the current standard, KERAMIDA prides itself on exceeding the standard with the thoroughness of our research and investigations during a Phase I ESA. To schedule a Phase I ESA please contact us through our quick response form or call (800) 508-8034 to speak with one of our professionals today.
Blog Author
Jay Nickel
Staff Chemist,
EHS Compliance & Land Services
KERAMIDA Inc.
Contact Jay at jnickel@keramida.com.
