Conducting Proper Environmental Site Assessments
July 2001
Without a universal or federally mandated
approach to ERAs, it is difficult to make proper, cost-effective decisions regarding
suspect property. Jeff Slivka explains the most commonly used standards and
offers guidelines.
by Jeff
Slivka
New Day
Underwriting Managers LLC
Whether it's the purchase or sale of a new parcel or parcels of property,
the merger or acquisition of a company, or just a method of proactively managing
environmental risk at existing properties, environmental site assessments (ESAs)
play an integral role. ESAs, conducted properly, could save a company thousands,
if not millions, of dollars in future problems or liability by simply identifying
environmental conditions or contamination before it affects third parties. The
operative phrase here is "conducted properly." If you are considering an ESA
for various reasons, keep in mind there is no universal approach to the assessment
process. This makes it a bit difficult to purchase such services.
Furthermore, there are no federal or state regulations that stipulate proper
investigation procedures. However, several organizations, including the American
Society for Testing Materials (ASTM), the American Society of Engineering Firms
Practicing in the Geo-Sciences, and the National Groundwater Association, have
developed guidelines for conducting environmental site assessments.
The Phase I
The most commonly used criterion is the ASTM standard (designation E1527).
Designation E1527 identifies guidelines to perform the most widely known ESA,
the Phase I. A Phase I ESA, performed in accordance with ASTM standards, should
consist of the following:
- An inspection of the property, including all structures, to identify
possible sources of contamination, such as asbestos, electrical equipment
containing polychlorinated biphenyls (PCBs) and hazardous substances or
wastes.
- An inspection for evidence of possible contamination from leaking storage
tanks, old disposal areas, chemical containers, or drums.
- An investigation of past spills or illegal disposal of hazardous substances,
which can be evidenced by observing stained soil or stressed vegetation.
- Interviews of individuals familiar with the property and its history
to identify past events and uses that may have created conditions that could
lead to environmental compliance problems.
- Searches of available federal, state, county, and municipal records
to identify possible sources of contamination on or near the site. Often,
the firm conducting the Phase I will subcontract a company to perform a
state and federal environmental database search, given specified distance
radii around the subject property.
- A search of title records for previous 50 years to identify past owners
and uses of the property.
- A review of available historical aerial photographs of the site to identify
its past uses and any evidence of large-scale past waste disposal on the
property.
In general, the goal of the Phase I is to identify signs that might indicate
a need for further action or investigation. It is not a complete or all-encompassing
study of the site; therefore, the potential for failing to detect contamination
exists. The Phase I assessment, in many instances, can be performed by in-house
personnel or by a firm specializing in environmental management services. The
cost can range anywhere from $500 to a few thousand, depending on the scope
of services requested.
The Phase II
As you might guess, the Phase II ESA is a continuation of the Phase I. The
Phase II is an "intrusive" type assessment, which means sampling will be conducted
in those areas identified as concerns. Additional subsurface investigations
and sampling activities can include:
- Subsurface soil and groundwater investigations and analyses on both
the property and neighboring properties
- Underground storage tank (UST) integrity testing and removal activities
- Septic system, potable well water, and floor drain discharge point evaluations
- Asbestos survey
- PCBs, asbestos containing materials (ACMs), lead-based paint (LBP),
and radon sampling
- Mold/fungal investigations
The Phase II will assist with making business decisions about the property
or contamination; however, it will not fully characterize the site or provide
remedial solutions. It will identify what contaminants are present, the possible
extent of contamination, and preliminary estimates for remediation. Costs for
the Phase II vary greatly depending on the extent of the problem or contamination,
the type of contaminants present, the materials on which the laboratory analyses
must be conducted, etc. In general, Phase II assessments range from $5,000 to
$25,000. However, in the event the site is an industrial facility or truly has
complex issues, the cost could increase substantially.
The Phase III
The goal of the Phase III is simply to identify the most appropriate remedial
solution to the problem and remediate it. During the Phase III, additional sampling
analysis is conducted so the site is "characterized," which means the extent
of contamination is known, and remedial action steps or corrective measures
are determined and reported to the site owner. Lastly, the remedial action plan
is implemented.
The chosen method of remediation is usually what drives the cost of the Phase
III. In general, a Phase III could cost as little as $10,000 for minor excavation
and disposal of non-hazardous soil (i.e., petroleum contaminated soil), to hundreds
of thousands of dollars for surface or groundwater remediation. Specifically
looking at soil removal, which is the most common remedial technique used, excavation
and disposal of non-hazardous soil usually costs between $75-$100 per cubic
yard, with some type of minimum costs to cover the remedial company's fees.
If hazardous, soil excavation could run between $150-$400 per cubic yard. This
also includes the cost for any treatment prior to disposal.
Environmental Risk Assessment Surveys
A bit different from the Phases I and II, but worth mentioning, is the environmental
risk assessment survey or ERAS. The ERAS focuses not only on site conditions,
but also on corporate philosophy, spill and contingency plans, and in-house
training. The ERAS is a more proactive approach to managing environmental risk
at a site or within a service organization. It is structured to evaluate existing
standard operating procedures and facility programs for their effectiveness
in reducing or eliminating both potential catastrophic and gradual pollution
events. This is accomplished by assessing various areas of an operation.
Corporate Organization—Initially, the risk
management consultant gathers information on the overall company philosophy.
Does management appear to be proactive or reactive when addressing potential
environmental exposures? Is management committed to implementing recommendations
for reducing existing exposures? At the outset, management may indicate their
commitment, but their attitude can change at budget time.
Environmental Setting—Who are the surrounding
neighbors? What are the underlying soil and groundwater characteristics at the
site? Where are surface water bodies located in relation to the site? Is the
groundwater or surface water used for potable purposes? Upon answering these
questions, resources may be allocated to protect environmentally sensitive areas.
Layout and History—What were some past environmental
practices? Do facility operations take place along the property border or is
there a buffer zone of several hundred acres? Depending on answers to these
questions, the risk management consultant may uncover additional operational
exposures.
Operations—How are materials such as ash or
hazardous wastes stored and handled? Are acids properly contained to prevent
a release to the surrounding environment? What about caustics? What types of
pollution control equipment are utilized to reduce the amount of pollutants
discharged to the air, water, and soil?
Training—Effective employee training can reduce
or prevent the likelihood of a catastrophic event. With regard to the operations
being performed, are the facility's training programs adequate?
Contingency Planning—In the event of a catastrophic
event, are the plant personnel sufficiently prepared to respond? Efficient emergency
response planning can help reduce the severity of a spill or release.
After completing the ERAS, the risk management consultant summarizes both
the positive aspects of the company's operations, as well as those areas needing
improvement, and recommends a program that continues positive initiatives and
improves deficient areas. Most insurance companies offering environmental coverage
provide ERAS to many of their clients to assist in the management of risk. Cost
for the ERAS is in the range of $3,000 per location.
Conclusion
If you are in need of an ESA, it is best to site down with a qualified environmental
consultant to determine the best approach to the situation. Many times, the
above assessments can be combined, altered, etc., to provide the best information
available to assist in any decisions that need to be made about the property.
References
- Miller, Lynne; Environmental Strategies Corp., "Environmental Risk Assessment,"
Society for Environmental Insurance Professionals Seminar (2001) New York
City.
- Biddle, Chris; ECS, Inc. "Phase I Assessments and Their Limits" (2000).
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