Environmental Site Assessments
A Phase I Environmental Site Assessment is a report prepared for a property owner or real estate holding, prior to purchase or construction of a property, which will identify a site's existing environmental contamination liabilities. The analysis often referred to as an ESA, will typically assess the underlying land for the proposed improvements to the property through records research and site observations.
The Phase I ESA should be the first step in the process of environmental due diligence for any construction project, new or remodel. Actual sampling of soil, air, groundwater and/or building materials would typically not be conducted during a Phase I ESA. Standards for performing a Phase I site assessment have been promulgated by the American Society for Testing Materials (ASTM).
The tasks listed here are common to almost all Phase I ESAs:
- 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 neighboring properties upon the subject property.
- Review of Federal, State, Local and Tribal Records out to distances specified by the EPA.
- Interview of persons knowledgeable regarding the property history (past owners, present owner, key site manager, present tenants, neighbors).
- 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 Activity and Land Use Limitations (AULs).
If potential concerns for contamination are found during the investigation, a Phase II Environmental Site Assessment would most likely be recommended.
Phase II Environmental Site Assessment is an "intrusive" investigation which collects samples of the existing soil, groundwater or building materials to analyze for measured values of potential contaminants. This investigation is normally undertaken when a Phase I ESA determines a likelihood of site contamination. The most frequent substances tested for are petroleum hydrocarbons, heavy metals, pesticides, solvents, asbestos, lead and mold.
Phase III Environmental Site Assessment 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 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 must detail the steps taken to perform site cleanup and follow-up monitoring for residual contaminants.