Astm E1527 1997 Edition Blue

Clearing Up the Confusion About the ASTM E 1527-13 Phase I ESA Standard. 1. Environmental Professionals’ Organization of Connecticut: Clearing Up the Confusion About the ASTM E 1527-13 Phase I ESA Standard Tonight‟s presenters:. Dianne Crocker, Principal Analyst, EDR Insight Pat Coyne, Vice President of Marketing, EDR Sam Haydock, LEP, Principal-in-Charge, BL Companies Pam Elkow, Partner, Robinson & Cole LLP January 7, 2014 © 2014 Environmental Data Resources, Inc.

• Astm E1527 1997 Edition Blue Book
• Astm E1527 1997 Edition Blue Moon

What Just Happened to Our Standard? An Update on the Market Reaction by Dianne Crocker, Principal Analyst EDR Insight © 2014 Environmental Data Resources, Inc. The Road to Final E 1527-13 Standard. End of 2012:.

ASTM Phase I Task Group approved revisions to E152705, submitted to EPA for AAI approval. August 15, 2013:.

EPA proposed amendment to AAI rule recognizing E1527-13. September 16, 2013:. Comment period ended, majority supported EPA‟s decision. November 6, 2013. ASTM published E 1527-13 standard, -05 became a “historical standard”. December 30, 2013:. EPA published final rule recognizing -13 as AAIcompliant, announced intent to propose removing E1527-05 reference.

Why Did ASTM Revise E 1527?. ASTM standards have a maximum 8-year shelf life. Prior E1527 publications: 1993, 1994, 1997, 2000, 2005. Careful review of the 2005 standard began in 2010. ASTM‟s Phase I Task Group agreed on two primary objectives: 1. Clarify existing language 2. Strengthen the deliverable.

3 Key Changes for Tonight’s Discussion 1. Vapor migration. Adds VAPOR to the more traditional soil and groundwater pathways for evaluating contamination risk. A lot of confusion/inconsistency in how to handle vapor risk in Phase I ESAs 2. RECs/HRECs (revised) CRECs (new). Revised definitions of REC and HREC.

New definition for “controlled REC” or CREC. More clarity on how EPs define environmental conditions 3. Agency file reviews.

Always in standard but more clarity on when they need to be doneand what to do if a review is not done. More attention on standard environmental sources. 1. Vapor Migration Language. E 1527-13 adds new definition of “migrate/migration” (used in many places in E1527) as the movement of hazardous substances or petroleum products in any form, including solid and liquid at the surface or subsurface, and vapor in the subsurface.

Astm E1527 1997 Edition Blue Book

References E 2600-10 as a process for vapor encroachment screenings (not required). Specifically excludes contaminated vapor migration/intrusion from IAQ (which is a non-scope consideration).

Reflects that CERCLA/AAI do not differentiate by form (e.g., solid, liquid, vapor) of the release to the environment. Prior to E 1527-13: Inconsistency in How Vapor is Treated in Today’s Phase Is. Some EPs automatically included consideration of vapor migration. Others did so only at a client‟s request. Likewise, some financial institutions require vapor screens on all Phase I ESAs.

Others do so only on a case-by-case basis. This is changing as awareness of vapor risk grows. EPs’ Concerns About Vapor.

Don‟t want to be the only consultant in town suggesting to their clients that vapor migration needs to be part of an assessment. Concerns that clients will think they‟re trying to squeeze more money out of them. Just don‟t understand it well enough themselves or the process to use for assessing it properly to explain to clients.

Ignored VI because it was always non-scope under IAQ exclusion. Distinction Between Vapor Intrusion and Vapor Migration.

Vapor migration:. Is there a presence or likely presence of hazardous substances or petroleum products on the property due to a release, based on consideration of pathways and how contamination is likely to migrate onto a property?. Within the scope of a Phase I ESA.

Vapor intrusion:. Is vapor present inside a building as the result of a release?. Never part of a Phase I, and is not now under -13.

Reaction to Vapor Language: U.S. EPA. EPA‟s final rule (Dec. 30, 2013):. “EPA wishes to be clear that, in its view, vapor migration has always been a relevant potential source of release or threatened release that, depending on site-specific conditions, may warrant identification when conducting AAI. EPA applauds the revisions made by ASTM International to the updated E1527-13 standard regarding vapor migration.”. “The new standard makes important revisions to the standard practice to clarify that AAI and Phase I ESAs must include, within the scope of the investigation, an assessment of the real or potential occurrence of vapor migration and vapor releases on, at, in or to the subject property.”.

Reaction to Vapor Language: LENDERS. Large institutions required vapor assessments for several years already, particularly for foreclosures or purchases. Less common at smaller banks, still coming up to speed.

Astm E1527 1997 Edition Blue Moon

Start Preamble AGENCY: Office of Housing of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice.

SUMMARY: This notice updates guidance documents of HUD's Office of Housing and Federal Housing Administration (FHA) that reference the ASTM E 1527-05 standard for Phase I Environmental Site Assessments (ESAs) to the most recent standard, ASTM E 1527-13. DATES: Effective Date: May 16, 2014. Start Further Info FOR FURTHER INFORMATION CONTACT: Hilary Atkin, Housing Environmental Officer, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 9132, Washington, DC 20410, telephone 202-402-3427 (this is not a toll-free number).

Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339. End Further Info End Preamble Start Supplemental Information SUPPLEMENTARY INFORMATION: I. Background HUD environmental regulations state that “it is HUD policy that all property proposed for use in HUD programs be free of hazardous materials, contamination, toxic chemicals and gasses, and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the intended utilization of the property” ((i)(1)). In order to accomplish this policy, “HUD shall require the use of current techniques by qualified professionals.” ((i)(4)).

Currently, a Phase I ESA in accordance with ASTM E 1527-05 is required by several guidance documents throughout Office of Housing/FHA, including, but not limited to, the Multifamily Accelerated Processing (MAP) Guide, the Condominium Project Approval and Processing Guide, Handbook 4600.1 REV-1, Section 232 Mortgage Insurance for Residential Care Facilities, and Handbook 4615.1, Mortgage Insurance for Hospitals. In November 2013, ASTM International published ASTM E 1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. ASTM E 1527-13 defines good commercial and customary practice in the United States for conducting an Environmental Site Assessment (ESA) of a parcel of commercial real estate with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and petroleum products.

In order for a defendant to limit liability for a release of hazardous substances, CERCLA requires that the defendant has “no reason to know” that the hazardous substance involved in the release or threatened release was present. In establishing no reason to know, the defendant must be able to show that it carried out, on or before the date on which the defendant acquired the facility, all appropriate inquiries into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices, and took other reasonable steps ((35)(B)(i)). The standards and practices that determine whether all appropriate inquiries have been carried out are established by regulation by the Environmental Protection Agency (EPA) ((35)(B)(ii)). On December 30, 2013, the EPA updated these standards, and allowed parties to use ASTM E 1527-13 rather than the previous standard, ASTM E 1527-05.

Start Printed Page 21480 HUD's regulation at (i)(1) states as a matter of policy that all property to be used in HUD programs be free of hazardous substances, and § 50.3(i)(2) requires that HUD's environmental review include evaluation of previous uses of the site and other evidence of contamination on or near the site, “to assure that occupants of proposed sites are not adversely affected” by hazardous substances. Additionally, FHA's General Insurance Fund (GIF) and Mutual Mortgage Insurance (MMI) Fund can be at legal risk if HUD acquires a property and subsequently a hazardous substance is released or threatened to be released. For these reasons, adoption of the updated standard protects the GIF and MMI Fund from risks stemming from insuring sites with hazardous waste and/or petroleum product contamination.

The updated standard will better equip HUD's Office of Housing/FHA staff to assess such risks as the standard includes updated definitions that will more fully inform the Office of Housing/FHA about the environmental conditions on the subject property. One advantage of ASTM E 1527-13 is that it newly defines Controlled Recognized Environmental Conditions (CREC), which must be identified in the Phase I ESA. The new CREC definition will result in some environmental conditions being listed as CRECs if they have been remediated to restricted levels, as opposed to an unrestricted or de minimis level, and will be a great tool for Office of Housing/FHA staff to assess whether the site is appropriate for residential use.

The definition does not create new analyses or documentation, as Phase I ESAs that were compliant with ASTM E 1527-05 would have discussed CRECs in the context of being either a Recognized Environmental Condition (REC) or a Historical Recognized Environmental Condition (HREC). The ASTM E 1527-13 standard also newly defines migration, which includes hazardous waste or petroleum products in vapor form. Previous to this definition, it was unclear whether vapors had to be assessed under a Phase I ESA, and as a result many Phase I ESA reports did not include this analysis.

The new definition will generally not change Office of Housing/FHA Phase I ESA report requirements, however, as the Office of Housing/FHA has required that a Vapor Encroachment Survey performed in accordance with ASTM E 2600-10 be incorporated into the Phase I ESA report for several years, and will continue to do so. Finally, ASTM E 1527-13 modifies the definitions of HREC to require evaluation of whether a historical release of a hazardous waste or petroleum product that was addressed to the satisfaction of the regulatory authority in the past is considered a REC at the time the Phase I ESA is prepared because of a change in regulatory criteria. Such an analysis was conducted by many Phase I ESA preparers under the past standard, but the modification of the definition clarifies this requirement. Action ASTM E 1527-13 is formally adopted by the Office of Housing/FHA through this notice. Wherever ASTM E 1527-05 is referenced in Office of Housing/FHA guidance, participants in Office of Housing/FHA programs, funding recipients, FHA-insured mortgagees, and contractors must use ASTM E 1527-13. The Office of Housing/FHA will update guidance documents to reflect the adoption of ASTM E 1527-13 for Phase I ESA reports. Start Signature.