Pollution Engineering - November 2008 - (Page 29)

and Ten top considerations and cautions when conducting Phase I environmental site assessments to meet CERCLA standards. By STUART J. SPIEGEL, Vice President and MATTHEW TRAISTER, Senior Managing Engineer of O’Brien & Gere O Brien O n Nov. 1, 2006, the EPA’s new standards[1] for conducting all appropriate inquiries (AAI) went into effect. These regulations set the standard for conducting Phase I Environmental Site Assessments (ESAs) to meet the test of the so-called “innocent purchaser defense” under the federal Superfund (or CERCLA) program. The purpose of performing an environmental site assessment (ESA) is that it is intended to allow the user to assert liability protections under Superfund. AAI also is required for many EPA Brownfields Grant recipients, having been promulgated pursuant to the federal Small Business Liability Relief and Revitalization Act, better known as the “Brownfields Act.” The AAI regulation references ASTM’s E 1527-05 standard of practice[2] for Phase I ESAs, indicating that it may be used to comply with the requirements of AAI.[3] AAI and ASTM E 1527-05 establish a standard, minimum baseline that is considered reasonable to provide a user with information about the environmental quality of a property. However, these procedures have significant differences, the most important being that the AAI regulations include only contaminants that are CERCLA hazardous substances included in the federal Superfund program. As a result, petroleum compounds are explicitly excluded from consideration, although the potential for liability remains in other federal and state petroleum contamination laws and regulations. Therefore, dependence on and compliance with the AAI rules may provide relief from liability with respect to CERCLA, but are not intended to offer protection from exposure with respect to state and federal petroleum pollution statutes and regulations. Additionally, ASTM has developed a Standard Practice for Assessment of Vapor Intrusion into Structures on Property in Real Estate Transactions[4] in order to develop a standard procedure to assess vapor intrusion as it relates to property transactions. The intent of this standard practice is to provide a sound, scientific method by which poten- Tier 1 Non-numeric screening: Potential for vapor intrusion condition may be screened out based on setting and site history, distance from potential contamination, and other brightline criteria and professional judgment. Numeric screening: Compare site-specific groundwater and/or soil vapor cowncentrations to generic and semi-site-specific residential or commercial/industrial risk-based concentrations Site-specific investigations: Based on interior measurements or exterior measurements and predictive modeling or attenuation factors, depending on procedures accepted by lead agency in jurisdiction. Select mitigation alternative. Tier 2 Tier 3 Tier 4 A tiered approach to evaluating vapor intrusion is illustrated in the table below. NOVEMBER2008 www.pollutionengineering.com 29 http://www.pollutionengineering.com

Table of Contents Feed for the Digital Edition of Pollution Engineering - November 2008

Pollution Engineering - November 2008 Contents The Editor's Desk EnviroNews PE Events Legal Lookout Casebook Canada Environment Management The Green Files Waste Island Phase I ESAs and Vapor Intrusion Meeting the Mercury Target Wet ESPs - The Sky's the Limit Most Successful IFAT China Ever Thermoplastic to the Rescue Install a Trench Without Open Excavations Remediate Impacted Soils Without Accumulation of Metabolites Apply an Alternative to Wet ESP Solve These Common Pump Problems Minimize Risks Handling Ammonia Monitor International Regulatory Developments for Audits Skim Oil and Save Prevent Chemical Vapor Intrusion Spill Control and Containment Products Pumps and Systems Equipment PE Products Classified Marketplace Advertisers Index State Rules

Pollution Engineering - November 2008

For optimal viewing of this digital publication, please enable JavaScript and then refresh the page. If you would like to try to load the digital publication without using Flash Player detection, please click here.