Environmental Due Diligence

August Mack’s presence in the Mid-Atlantic was established in 1994 with the opening of a Baltimore office. Then in 1998, Susan Burkett opened the office in southeast Pennsylvania to better serve the growing client base in Pennsylvania. Susan continues to serve clients in a corporate capacity as Principal Engineer for August Mack’s eCAP® Services. In its infancy, the Pennsylvania office provided environmental, health and safety compliance services to foundries, food companies, and metal products...

Over the years, the August Mack Pennsylvania office has expanded services to include compliance, environmental due diligence, site investigation, and remediation services.  Similar to the expansion of services, the client base has expanded and includes a wide variety of industrial and service industries. Numerous clients were served by the Pennsylvania office in 2012 and projects included compliance audits, MSDS database development and maintenance, litigation support, air permits, MACT...

Traditional Environmental Due Diligence typically consists of a Phase I and II Environmental Site Assessment (ESA). The goal of the Phase I/II ESA is to identify and quantify environmental liabilities associated with real estate. August Mack typically represents buyers and their lenders during the environmental due diligence process and the Phase I/II ESA findings are often used by our clients to help them understand what is going on with the property. However, it is important to note that...

This newsletter article will cover Steps 2 (Reasonable Country of Origin Inquiry) and Steps 3 (Due Diligence and the Conflict Minerals Report) of Conflict Minerals Reporting. For more information on Step 1 (Applicability Determination), please refer to the October August Mack newsletter.

Step 2: Reasonable Country of Origin Inquiry
Companies that are covered by the SEC conflict minerals reporting rule, must conduct a “reasonable country of origin inquiry” (RCOI). To satisfy this requirement, a...

On November 13, 2012, a new Securities and Exchange Commission (SEC) rule comes into force that requires certain companies to publically disclose their use and supply chain activities for four “conflict minerals”- tantalum, tin, tungsten and gold. Since these four conflict minerals have a wide variety of industrial uses, this rule has the potential to affect a large number of companies, even private companies that don’t file SEC reports. The final rule contains a three step test to determine...

The Central Indiana Chapter of the RMA presents "Commercial Real Estate Environmental Issues" on Tuesday, March 19^th, at the August Mack office in Indianapolis. The program is scheduled to run from 3:00 PM to 4:45 PM and is eligible for 2 CRC credits and costs only $20. Additional information on this course can be found using the following link:

http://community.rmahq.org/centralindiana/Home/?ssopc=1

This program is designed to provide finance professionals with a working knowledge of commercial...

Tuesday, March 19, the Central Indiana Chapter of the RMA will present "Commercial Real Estate Environmental Issues" at the August Mack office in Indianapolis. The program is scheduled to run from 3:00 PM to 4:45 PM and is eligible for 2 CRC credits and costs only $20. Additional information on this course can be found using the following link: 

http://community.rmahq.org/centralindiana/Home/?ssopc=1

This program is designed to provide financal professionals with a working knowledge of commercial...

August Mack Environmental is a market leader in providing timely and cost-effective environmental due diligence work for 7a and 504 Small Business Administration (SBA) loans. August Mack has developed subject matter experts on the environmental requirements of the SBA process and this expertise has enabled us to help our clients navigate through the requirements laid out by SBA for environmental investigations. The SBA procedures under SOP 50-10(5) Lender and Development Company Loan Programs...

The current Phase I Environmental Site Assessment (ESA) American Society for Testing and Materials (ASTM) standard was last revised in 2005 and is currently referenced as ASTM E 1527-05.  ASTM standards have an 8-year shelf life.  At that time, there are four courses of action that can be taken; 1) there is no action and the standard sunsets, 2) there is a ballot to withdraw the standard, 3) there is a ballot to re-approve the standard with no change, or 4) the Task Group is reconvened to...

Due Diligence is a term used for a number of concepts involving either an investigation prior to signing a contract or an act with a certain standard of care.  It can be a legal obligation, but the term is more commonly applied to voluntary investigations. As it pertains to environmental consulting, an example of due diligence is the process through which a potential purchaser evaluates a property for acquisition by means of Phase I and/or Phase II Environmental Site Assessments (ESAs).

There are...

The preliminary stages of environmental due diligence associated with commercial real estate transaction often identifies environmental concerns or recognized environmental conditions (RECs). At August Mack, after initial environmental concerns have been identified we are often asked, “what is the next step?” Whether initial environmental concerns were identified in a Phase I Environmental Site Assessment (Phase I ESA), Modified Phase I ESA, or Records Search with Risk Assessment, a Phase II ESA...

On Thursday, February 14, 2013 at 10:00 a.m. August Mack will offer the free webinar "Environmental Due Diligence for Small Business Administration (SBA) Guaranteed Loans." To attend, register here. The webinar will focus on the steps of an environmental investigation according the SBA’s Standard Operating Procedures (SOP). The topic appeals to lenders and borrowers alike who will be seeking funding through the SBA’s 7(a) and 504 loan programs. The type of investigation required by the SBA...

Don't forget to join us tomorrow on Thursday, January 24 at 10:00 am (by registering here) for a free webinar titled "A New Phase I ESA Standard: What Will Change and How Does This Affect My Environmental Due Diligence?"

The current standard for conducting Phase I Environmental Site Assessments (ESA) is the ASTM E 1527-05 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”, which was last updated in 2005. According to the ASTM bylaws, standards...

If you are considering a real estate transaction in Ohio and part of your due diligence process includes an environmental assessment, contact Eric Cooper at 614-798-9922 in our Ohio office. Performing this due diligence can aid in minimizing your risks and liabilities.

On Thursday, January 24, 2013 join us at 10:00 am (by registering here) for a free webinar titled "A New Phase I ESA Standard: What Will Change and How Does This Affect My Environmental Due Diligence?"

The current standard for conducting Phase I Environmental Site Assessments (ESA) is the ASTM E 1527-05 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”, which was last updated in 2005. According to the ASTM bylaws, standards must be updated...

Most individuals needing a Phase I Environmental Site Assessment (Phase I) are ordering the assessment to satisfy a lender requirement or have been informed by their attorney a Phase I needs to be done. Typically, a requested Phase I includes a scope of work compliant with the current Phase I guidelines. The current guidelines were established on November 1, 2006 when the Environmental Protection Agency (EPA) rule establishing the federal standards for conducting environmental due diligence...

There are several types of environmental due diligence assessments routinely conducted during the course of commercial property transactions. The assessments can range from something as simple as a desktop environmental records review, to an American Society for Testing and Materials (ASTM) E1527-05 compliant Phase I Environmental Site Assessment (ESA) performed following U.S. Environmental Protection Agency’s (EPA) All Appropriate Inquiry (AAI) guidelines.  The type of environmental assessment...

What is vapor intrusion and how can vapor encroachment affect a property transaction and due diligence practices?

Vapor intrusion (VI) is the migration of volatile chemicals from the subsurface into overlying buildings, according to U.S. Environmental Protection Agency (EPA) Draft VI Guidance, November 2002. “Three conditions must exist for environmental contaminant vapors to reach the interior of buildings: vapors from contaminated soil or groundwater must migrate to the subsurface near the...

August Mack provides several types of Environmental Due Diligence Assessments to aid clients in assessing environmental risk during commercial property transactions. The most basic of which is typically the Records Review with Risk Assessment. The Records Review with Risk Assessment allows the client to get an understanding of the regulatory status and history of the site and surrounding area. Furthermore, the client receives August Mack’s professional opinion as to whether the information...