Environmental Site Assessment Report

August Mack Environmental, Inc., a full-service environmental, health and safety (EH&S) consulting firm, is pleased to the promotion of Bennett Thayer to Office Manager for the Dublin, Ohio office. Since joining August Mack in 2004, Thayer has served as a field scientist, staff scientist and project manager.

With more than eight years of experience, Thayer specializes in local, state and federal environmental compliance; environmental, health and safety (EH&S) servicing and reporting; environmental management program development and implementation; biological assessment and environmental investigations; groundwater monitoring; subsurface investigations; underground storage tank (UST) closure; environmental site assessments; wetland determinations and delineations; remedial system operations and maintenance; work plan design and implementation; asbestos surveys; Storm Water Pollution Prevention Plan (SWPPP) preparation and implementation; and Spill Prevention, Control and Countermeasures (SPCC) Plan preparation and implementation. In his new role as an office manager, Thayer will be responsible for managing the office’s daily operations, providing technical oversight for projects and managing the office’s growing staff. According to Bryan Petriko, vice president and principal environmental engineer for August Mack, “During the past six years at August Mack, Ben has shown exemplary strength in leadership, technical knowledge, resource management and client management. These qualities made him an excellent choice for the Office Manager position of our Ohio office. I am confident that our Ohio office will continue to flourish under his leadership.”

Thayer received his Bachelor of Arts degree in Environmental Science from Otterbein College.

August Mack Environmental, Inc. is a full-service environmental, health and safety (EH&S) consulting firm specializing in regulatory compliance; environmental due diligence and risk management; site investigation/remediation/closure; and sustainability services to the industrial, legal, financial, health care and government sectors throughout North America. August Mack has offices in Indiana, Michigan, Missouri, Ohio and Pennsylvania. For more information on the company’s products and services, call 317.916.8000 or visit www.augustmack.com.

• Developing a consistent reproducible environmental management system that can be tracked and reviewed by management
• Methods of tracking environmental compliance requirements that have an impact on your facility
• The value of maintaining institutional knowledge through system implementation eliminating the need for replacement and retraining of facility personnel

The six primary types of environmental site assessment reports are:

• Desktop Environmental Review - Record review only with no site visit
• ASTM E 1528-06 Transaction Screen - Site visit conducted by either environmental assessment consultant or user
• Phase 1 Site Assessment Update - Update prior Phase 1 Environmental Assessments with current government records data, historical data, interviews and site visits. This is most appropriate for Phase 1 Site Assessment that have exceeded their shelf life (180 days), but are less than one year old.
• ASTM E 1527-00 Phase One Environmental Site Assessment - Evaluates environmental risk, but does not offer liability protection.
• Business/Environmental Risk Phase One Environmental Site Assessment - Defined by the user of environmental assessment consultant. Includes non-scope items (asbestos, lead, mold, wetlands, etc.) to guide business decisions.
• ASTM E 1527 Phase One Environmental Site Assessment (All Appropriate Inquiry) - Provides CERCLA liability protection.

August Mack specializes in environmental, health and safety compliance; environmental due diligence; environmental site remediation; and sustainable business strategies to the industrial, legal, financial, health care and government sectors throughout North America. August Mack has offices in Indiana, Michigan, Missouri, Ohio and Pennsylvania. For more information on August Mack's environmental, health and safety services, visit www.augustmack.com or call 800.579.0770.

Recognizing the ever-increasing importance of sustainability and "green" initiatives in business today, August Mack is leading the way in developing and implementing successful sustainability programs for a number of clients in various industries. Additionally, we have taken a look at our own business model and implemented a sustainability plan aimed at further reducing our own impact on the world. As a testament to our sustainability efforts, we have successfully reduced our carbon footprint every year for the last five years as well as received the first Gold LEED Certification for Commercial Interiors from the U.S. Green Building Council (USGBC) in Indianapolis.

Utilizing more than 20 years of environmental, health and safety (EH&S) consulting experience coupled with our innovative approach to projects, we have developed an unique four-step process aimed at integrating sustainability in an organization, including our own. The first step in our approach, the Sustainability Baseline Assessment, is a one-time assessment that is necessary to quantify key sustainability parameters which will help establish areas where sustainability efforts should be focused in the future as well as determine the metrics to evaluate future performance. After the completion of a Sustainability Baseline Assessment, we recommend the development of a Sustainability Plan that explicitly presents the company’s commitment to sustainable development and outlines the various efforts the  company will make in the coming year to integrate sustainability into their process. The plan should be written to reflect the company’s vision and values, and incorporate all of the efforts being implemented to ultimately achieve sustainability. The third step of this process is the actual Implementation and Tracking of the Sustainability Plan. The fourth step is a Sustainability Annual Report that can be used as part of the company’s stakeholder communication and illustrates the company’s past, present and future efforts in regards to sustainability.

Our Sustainability services include:

• Sustainability Baseline Assessment
• Sustainability Reports
• Greenhouse Gas Emissions Inventory
• Energy Audits
• Waste Mapping
• Logistics Analysis
• Green Building Assessments
• Facility Air Balances
• Indoor Air Quality (IAQ) Surveys

• Air Permitting
   
• Phase 1 Site Assessments
   
• Tier II Reporting
   
• Groundwater Sampling
   
• Industrial Hygiene Sampling
   
• Permit Review

Milk, bottled water, canned food...and even, Phase One Environmental Site Assessments (ESAs) have expiration dates. The only thing that reportedly doesn't go bad...SPAM!!!*

Under the AAI Final Rule, a prospective property owner may use a Phase I ESA report without having to update any information collected as part of the inquiry:

August Mack specializes in environmental, health and safety compliance; environmental due diligence; environmental site remediation; and sustainable business strategies to the industrial, legal, financial, health care and government sectors throughout North America. August Mack has offices in Indiana, Michigan, Missouri, Ohio and Pennsylvania. For more information on August Mack's environmental, health and safety services, visit www.augustmack.com or call 800.579.0770.

The Phase One Environmental Site Assessment (ESA) Update is performed in order to update a previous ESA performed at a property. Utilized to reflect current site conditions and changes since the preparation of the original report(s).

The scope of work for the update of a Phase 1 Site Assessment includes an onsite reconnaissance of the property supplemented by a review of available environmental records concerning the property and surrounding areas and a review of a previous Phase One Environmental Site Assessment. The inspection will be supplemented by a review of the environmental history of the property through a computerized database search of the files maintained by the United States Environmental Protection Agency (EPA), the state agency and other appropriate agencies deemed necessary to further evaluate potential concerns.

Following completion of these activities, a written letter report is prepared that describes the work performed and presents conclusions regarding the environmental conditions at the site. Areas of concern noted during the reconnaissance or identified during the record search are addressed and their known characteristics presented.

NOTE: The Phase One Environmental Site Assessment Update does not provide the same level of environmental due diligence and will not be in accordance with the U.S. EPA All Appropriate Inquiry standard.

The definition of a Desktop Review, as it relates to Phase One Environmental Site Assessment, is not so subtly hidden in its name. Below is a brief snapshot of what all is involved with this type of assessment.

There is no on-inspection is included in a Desktop Review. A Desktop Review usually includes all or some of the following:

• Reviews of previous Phase 1 Environmental Assessments, Phase II Environmental Site Assessments or other Environmental Records as they pertain to a property
• Regulatory database search of the site and surrounding properties
• Historic Sanborn Fire Insurance Maps for the site and surrounding properties
• Historic City Directories for the surrounding properties
• State and local agency files to evaluate if there are any evidence of hazardous waste/chemical management at the site (i.e. manifest records, Tier I/II forms, Form Rs, etc) for the site
• Historical Aerial Photographs of the site and surrounding properties.

Following completion of the aforementioned activities, a letter report is prepared that documents the search results. It is anticipated a Desktop Review can be completed within 10 business days.

Environmental Site Assessments are done usually during commercial real estate transactions. An investor finds a property of interest and prior to closing the sale he or she would have a Phase One Environmental Site Assessment ordered.

A Phase 1 Site Assessment is a report that includes record reviews, interviews and physical property inspections to identify areas of potential hazardous substance contamination to the surrounding environment. A Phase I is used to identify areas from which samples would need to be collected for analysis in a Phase II Environmental Assessment.

During the Phase One Environmental Site Assessment, there are several different steps to develop the report. The property overview includes collaborating basic physical information like location, size, geologic, physiographic and environmental setting. Next, gathering historical information on subject property, adjacent properties, previous operations, products and wastes generated and removed is necessary. Finally, before the report is drafted, a physical inspection of the property is essential to verify facility records, interview knowledgeable personnel and identify potential sampling areas for a Phase II assessment if applicable.

EPA Recommendation
If buildings were erected or renovated between 1950 and 1978, EPA recommends owners implement steps to minimize exposure to potentially contaminated caulk in the following ways: 

• Cleaning air ducts
• Improving ventilation by opening windows and using or installing exhaust fans where possible
• Cleaning frequently to reduce dust and residue inside buildings 
• Using a wet or damp cloth or mop to clean surfaces 
• Not sweeping with dry brooms and minimizing the use of dusters in areas near potential PCB-containing caulk 
• Using vacuums with high efficiency particulate air filters 
• Washing hands with soap and water often, particularly before eating and drinking 
• Washing children’s toys often

EPA also recommends testing peeling, brittle, cracking or deteriorating caulk directly for the presence of PCBs and removing the caulk if PCBs are present at significant levels. Alternately, the building owner can assume the PCBs are present and proceed directly to remove deteriorating caulk.

I would like to again answer this common question that I get..."What does your company do?" We do lots of things that will take up too much time to completely write in today's blog. But, since this blog is primarily for health care facilities, I will give you a few examples of things we have done for hospitals. It is also important to reiterate the meaning of the word "environmental" for this blog since it can have a different meaning for hospitals. When I refer to "environmental", it primarily pertains to things that evolve around US EPA and state environmental regulatory requirements.

So, what have we done for hospitals:

• Removed/replaced underground storage tanks
• Performed  audits/assessments to ensure the facilities were complying with all of the federal and state environmental requirements
• Performed asbestos assessments
• Prepared air permits for the facility equipment that required permitting
• Developed SPCC Plans to ensure compliance with the Oil Spill Prevention Plan requirements
• Prepared the facilities' Tier Two Reports
• Helped assess and develop a waste management program
• Performed a Phase One Environmental Site Assessment (environmental due diligence) for a pending acquisition
• Performed indoor air quality assessments

These are just a few of the typical things that August Mack does. As you can see, many of these ensure that the facility is complying with the environmental compliance requirements. Call me if you need assistance!

Recently, the issue has arisen about Phase I Updates. When do they need to be done? When can you do an update and not a full Phase I Environmental Site Assessment? What components of a Phase I Environmental Site Assessment must be completed during the update? Here is what you need to know about the continued viability of an ASTM 1527-05 compliant Phase I ESA.

A Phase I Environmental Site Assessment is valid for 180 days.  If the information in the Phase I has been collected or updated within one year, then a Phase I Update can be completed and only the following environmental due diligence components must be conducted:

• Interviews
• Environmental Liens Search
• Environmental Records Review
• Review of Local Government Records
• Visual Inspection
• Authorization by an Environmental Professional

It's important to know the time line of the property acquisition or intended transaction.  The Phase I Environmental Site Assessment should be completed within 180 days of this date, but if for some reason the transaction is delayed, conducting a Phase I Update within one year will save time, money and effort. It will benefit both the Environmental Site Assessment Companies and our clients to complete a Phase I Update, when possible, in order to eliminate redundant environmental due diligence efforts. 

The Michigan Department of Environmental Quality (MDEQ) has developed a proposed cleanup and redevelopment program for the state Superfund and leaking underground storage tank (LUST) programs. The last revision was in 1995 when cleanup criteria was established via Risk-Based Corrective Action protocol, and liability was changed from the federal Superfund concept of joint and several liability (i.e., where any party who owned or operated at the polluted property could be held liable for its cleanup regardless whether they were a contributor to the contamination) to the causation standard for liability (“He who caused it, cleans it up”).

The redesign maintains the causation standard for liability, continues to rely upon a risk-based cleanup process, and incorporates the recommendations regarding liability, including shifting the liability protection for new owners from the current baseline environmental assessment (BEA) process to a "Due Care" focus.

From 1995 to the present, new owner liability protection has occurred via the submittal of a Baseline Environmental Assessment (BEA) the MDEQ, documenting environmental due diligence findings (Phase 1 Site Assessments and Phase II investigations). Going forward the MDEQ is proposing that new owners hire and environmental assessment consultant to perform Phase 1 Site Assessments and Phase II investigations to identify historic releases and then document to the department how they intend to comply with the Due Care obligations. These obligations will still follow the broad outlines within the current rules:

•  Don’t Exacerbate the Existing Impacts
• Take Necessary Response Actions to Mitigate Unacceptable Exposures to Historic Contamination
• Take Reasonable Precautions or Steps to Prevent Unacceptable Exposures to Historic Contamination by a Third Party (i.e., Utility Workers)

Not only will new owners submit an initial Due Care Plan to the department documenting the historic contamination and how they are going to specifically comply with the Due Care Obligations, but also will have an ongoing annual reporting requirement to the department documenting compliance with their Due Care Plan. In addition the MDEQ is proposing field audits of “higher risk” properties (i.e., industrial properties, gas stations and dry cleaners) to assess their regulation compliance, with the power to issue notices of violations up to an including the ability to remove the liability protection afforded by the submission of a Due Care Plan for repeat offenders or those fail to remedy the deficiencies within a reasonable time period.

These rules are currently being drafted by the MDEQ for submittal to the Michigan Legislature in the Fall, with a plan to roll out the changes to the clean-up/closure and liability protection programs over the next several years. The new owner liability protection program is moving away from a one time, environmental due diligence scenario into an ongoing environmental compliance plan, with a onetime submittal of a “permit application”, followed by ongoing annual reporting obligations.