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It’s not Greek any more
Changes Required by the Final All Appropriate Inquiry Rule and
ASTM 2005 Standard
Presented by Pat McGuckinDecember 14, 2005
• environmental information • 720 200 9472
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Major Changes
1. Environmental Professional2. Continuing Viability3. Environmental liens and AULs4. Database Search5. Data Failure6. Interview PAST Owners, etc.7. Opinion on Additional Investigation8. Data Gaps9. Non-Scope Issues10. User Questionnaire11. Cost Impacts
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1. Environmental Professional
3.2.29 defines EP as someone meeting AAI definition, i.e., having:
1) sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding RECs
2) must have:i. PE or PG plus equivalent of 3 years full-time relevant experience; orii. Government certified to do Phase Ones plus 3 years; oriii. Bachelor's or higher degree in science or engineering plus 5 years; oriv. 10 years equivalent full-time relevant experience (no degree required, and no EP
deadline for accumulating 10 years)3) must remain current via continuing education or similar.
7.5.1 EP must do or supervise all work, be involved in planning the site visit and interviews, and interpret the information.
1. Site visit and interviews must be done by person possessing sufficient training and experience... (see old 2000 EP definition). Preamble recommends but does not require that EP does these tasks.
2. The rest can be done by anyone.
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2. Continuing Viability
4.6 Up to 180 days old (report date - closing), report is valid.180 days to 1 year, update within 180 days (item date):i. interviews with owners, operators, & occupantsii. environmental lien searchiii. database searchiv. site visitv. EP declaration regarding EP qualifications
A new User must satisfy User's Responsibilities.
4.7 Over one year old, new Phase One required, but okay to use information in prior reports if it meets Standard.
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3. Environmental Liens and AULs
6.2 USER must review reasonably ascertainable land title records and lien records filed under federal, tribal, state or local law for environmental liens or AULs. This includes liens and AULs that may be filed in judicial records. Any such liens or AULs identified should be reported to the EP. The User should either (1) engage a title company or title professional to review such land title records and lien records, or (2) negotiate with the EP to add such an engagement to the scope of work.
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4. Database Search
8.2.1 Standard Sources: only minor changes:– NFRAP increased to 0.5 mile– Delisted NPL named separately... 0.5 mile– Federal, Tribal & State IC/EC Registries added…
property only– State and Tribal VCUP sites added... 0.5 mile– State and Tribal Brownfield sites added... 0.5 mile– Tribal records added to mirror state records.
8.2.2 Additional Sources: only minor changes– Tribal records added to mirror state records– “May be searched” changed to “Shall.”
• But only if reasonably ascertainable, likely to be useful, and good customary local practice
– In Front Range, county landfill records are important
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5. Data Failure
8.3.2.3 Data Failure clarified: Data failure occurs when the historical research objectives are not satisfied even after checking all of the 8 Standard Historical Sources that are Reasonably Ascertainable and likely to be useful (See 8.3.4 below). Historical research is done when either: (1) the objectives are satisfied using whatever sources are appropriate; or (2) Data Failure occurs.Data Failure only involves historical. It is one type of Data Gap.Objectives include identifying use at 5-year intervals back to first use or 1940, whichever is earlier.
8.3.4 Standard Historical Sources unchanged, but worth a review:1. Aerial Photographs2. Fire Insurance Maps3. Property Tax Files4. Recorded Land Title Records (not typically useful or customary)5. USGS Topographic Maps6. Local Street Directories7. Building Department Records8. Zoning/Land Use Records (not typically useful or customary)
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6. Interview PAST Owners, etc.
10.5.4 Interview Past Owners, Operators and Occupants, but only if:1. likely to have material information2. they are already identified, and3. the information is not likely to merely
duplicate other information.
Note: current and past employees not mentioned in Standard, but AAI does mention them.Note: Cost estimate in Preamble assumes no such interviews if current owner has owned property for more than2 years.
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7. Opinion on Additional Investigation
12.6.1 EP "should provide an opinion regarding additional appropriate investigation, if any, to detect" a REC. "This opinion should only be provided in the unusual circumstance when greater certainty is required regarding the identified REC." Such an opinion does not render the assessment incomplete. No recommendations for Phase II or other assessment activities is required.Note: Stay tuned for ASTM clarification.
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8. Data Gaps
12.7 The report shall identify any Data Gaps and the sources consulted to address them. If the Data Gap is significant, EP must comment on the impact of the Data Gap on the ability to identify RECs. A Data Gap is not significant unless it impacts the ability to identify RECs. Data Gaps are not inherently significant. Data Gaps are only significant if other information and/or experience raise reasonable concerns involving the Data Gap.
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9. Non-Scope Issues
13.1.5 List of Additional Issues (non-scope) changed as follows:1. Asbestos-Containing Building Materials2. Radon3. Lead-Based Paint4. Lead in Drinking Water5. Wetlands6. Regulatory Compliance7. Cultural and Historical Resources8. Industrial Hygiene9. Health and Safety10. Ecological Resources11. Endangered Species12. Indoor Air Quality13. Biological Agents - New14. Mold - New15. High Voltage Power Lines - deleted, but still non-scope.16. Compliance with AULs - added, in 13.1.4
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10. User Questionnaire
X.3 Optional User Questionnaire added, but leaves room for improvement.1. Environmental Liens
2. AULs
3. Specialized Knowledge
4. Low Purchase Price
5. Obvious Indicators
6. Common Knowledge
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11. Cost Impacts
Preamble estimates the new Rule will result in:– reduced burden for interviews for abandoned sites; and– an increased burden:
• if past owners, etc. need to be interviewed; and• to document environmental liens; and• if the reason for a purchase price below fair market value
must be documented; and • if an opinion on additional investigation is needed.
EPA cost estimate in preamble expects that the average cost of a Phase One will increase by between $52 and $58 to a total of $2,185 to $2,190.
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More Information
• To order ASTM Standard E 1527-05, visit: www.astm.org
• To get the AAI Rule and EPA Preamble, visit: http://docket.epa.gov/edkpub/do/EDKStaffItemDetailView?objectId=090007d480ab74f8
• To view the complete EPA Docket, visit: http://www.regulations.gov/fdmspublic-rel11/component/main
• Pat McGuckin: [email protected]. 720-200-9472
