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Written By: Dennis Ruhlin | Mar 12, 2018
Time to Read 8 Minutes
The Phase I ESA process is often foreign to people. Many of our customers have never purchased a Phase I Environmental Site Assessment, or they're not totally familiar with the process, what's included, what's involved, and often have other concerns.
This is a pretty common problem since the Phase I standards cost money to purchase from ASTM (you can buy them here), they're tough to get through unless you know what you're reading, and most other consultants like to dance around the ins & outs of Phase I's.
One of the most common questions we hear is customers asking us if they'll receive some sort of certificate, approval, document, or other paperwork after the Phase I Environmental Site Assessment is completed. Most often times they're not referring to the Phase I report itself, but a document that proves or disproves contamination at their property.
Since we hear this all the time, let's jump in and discuss and find out whether or not a Phase I Environmental Site Assessment provides a certificate or not at the end of the process.
The short answer is no. The long answer is also no, but let's explain why.
The Phase I Environmental Site Assessment process is like detective work. If you aren't overly familiar with a Phase I, it's four main components are:
Consider 1, 2, and 3 the detective work. That's where the environmental professional(s) conducting the Phase I ESA will get any and all information that could assist them in determining whether or not any hazardous substances or petroleum products may have contaminated the subject property. Learn more about the process in our article What does a Phase I ESA look for?
Those first three items take some time, from a couple of days, to weeks, to a month or more, all depending on the information available that needs to be reviewed, and the intricacies of the project itself. For example, we just wrapped up a project and a state's environmental department indicated there were multiple boxes of documentation relating to the target property. And to top it off, the first available date the state said we could come in and review these records was over a month away from when they notified us there were records to review!
In cases like that, our hands are somewhat tied because we can't get to the information any faster. Regardless, once that information from those first three items above is gathered, it's then reviewed, analyzed, discussed, dissected, etc. At that point, the environmental professional(s) start taking that information and turning it into the Phase I ESA report itself. Remember, the goal is to find the presence or likely presence of hazardous substances or petroleum products in, on, or at the subject property, and those first three items are helping the environmental professionals do just that! You can get a better idea about what environmental professionals are (and aren't) looking for in our article What is covered within the "scope" of a Phase I ESA?
Any hazardous substances or petroleum products that are found are referred to as 'findings'. Then, the opinion of the hazardous substances or petroleum products is whether or not they have or will leak or spill and could or have contaminated the property. If they have or will, they're considered RECs. Not sure what RECs are? Check out our article What are RECs in a Phase I ESA?
Confusing, right? Let's break it down and explain that using an example.
When a Phase I ESA is performed, it needs to be completed to the standard if it's going to give you the coverage and liability protection you are looking for. In the ASTM standard that governs Phase I's, there is no requirement to include recommendations within the report itself.
Those RECs we find are mentioned within the report, but what to do about them? Well, that's up to you in a sense.
When we conduct a Phase I, we ask the customer up front whether they want recommendations within the Phase I report, within a separate document, communicated verbally, or no recommendations at all. We've had clients who don't want to know what is recommended (sort of a blissful ignorance situation), and we've had clients who want specific recommendations outlined with excruciating detail. It's all up to you, the Phase I ESA user.
Recommendations may, for example, include action items like drilling and sampling groundwater or soil. You don't have to do these, you can do them all. It's your call. This most likely isn't a huge issue if it's automatically included in your Phase I ESA, but we like to do things by the book here at RMA.
So let's say you have the report, including the findings, opinions, conclusions, and you even opted in for recommendations, now what? Will you get a certificate or approval saying your site is clean? Will you get a document saying you can build a home, business, or anything else on the site? Will you know if you can sell or lease the property?
The answer plain and simple is no. The Phase I ESA report is the end of the line. That report, and the information within it, is all you receive. No certificate, no approval, no letter, nothing. There is no part of the Phase I ESA process that includes any type of certificate in any aspect.
The future of your property, it's use, and what you can and can't do with it is going to depend on where it's located, zoning, development laws, regulations, what the market will bear, etc. At the end of the day, you'll get the Phase I Environmental Site Assessment report, and that's it. What you do with that knowledge found in the report is up to you.
We talk a lot about Phase I's and have some additional information you might find interesting, such as:
To learn more about Phase I Environmental Site Assessments, click here to contact us or give us a call anytime at 888-RMA-0230.
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