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Good Bye Registered Environmental Assessors (REA)

I was saddened to hear that California is discontinuing the Registered Environmental Assessors (REA) Program as of July 1, 2012. A lot of my colleagues, inside and even outside of California, carry this registration and they are definitely deflated by this news.

This really increases the need for a national environmental professional certification program, especially for those that do not meet EPA’s definition of an environmental professional designation through a professional engineer or registered geologist certification plus three years of experience.

There are several organizations that offer environmental professional certifications but there is not one that is universally recognized. It would be helpful for the EPA to give its blessing to one program that appropriately certifies professionals as meeting or exceeding the EPA’s definition of an environmental professional under the All Appropriate Inquiry rule, but that could be a long and drawn out process.

Options for Environmental Professional Certification

Some of the available certification programs are:

- Academy of Board Certified Environmental Professionals – Certified Environmental Professional (CEP) program

- National Registry of Environmental Professionals – several certifications including REPA and REP

- International Society for Technical and Environmental Professionals (INSTEP) – Licensed Environmental Professional

- Institute for Professional Environmental Practice (IPEP) – Qualified Environmental Professional

- Institute of Hazardous Materials Management – Certified Hazardous Materials Manager (CHMM), which is mostly used for Phase II ESAs and subsurface investigations.

State Environmental Licenses

State certifications:

- Nevada: requires the Certified Environmental Manager (CEM) designation for those conducting Phase I ESAs

- Other states have remediation professional certifications that are also used in the practice of environmental due diligence:

o Connecticut: Licensed Environmental Professional (LEP) program for site remediation

o Massachusetts: Many use the Licensed Site Professional as an EP designation

o New Jersey: Licensed Site Remediation Professional

o New York: Qualified Environmental Professional

In case you didn’t see the news on the REAs, here is the email sent to REAs by the State of California:

As part of the Budget, on June 27, 2012 the Governor also signed SB 1018 (Committee on Budget and Fiscal Review, Chapter 39, Statutes of 2012). Among a number of other things, SB 1018 has repealed the Department of Toxic Substances Control’s (DTSC) authority for the Registered Environmental Assessors (REA) Program. As of July 1, 2012, the REA Program will no longer exist.

DTSC proposed the elimination of the REA Program in this year’s budget considerations, primarily because DTSC believes that the program is unnecessary and unenforceable, and more importantly, it is largely duplicative of and inconsistent with federal environmental professional standards that have been adopted since the creation of the REA Program. DTSC believes the elimination of the REA Program will standardize requirements for environmental professionals conducting environmental assessments under other statutory programs, and make them consistent with federal requirements.

REA I 2012 Annual fee payments received and the processing fee for new, five year renewal and reinstatement applications that were “pending” review will receive refunds in four to six weeks after July 1, 2012. REA II will receive a prorated annual fee refund and the processing fee for “pending” applications.

Please note that the online registry will no longer be available after July 1, 2012.

We would like to thank you for your past support and participation to the program.

Sincerely,

DTSC Management

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By Joe Derhake – July 17, 2012

Reporting Chemical Compounds Used in Fracking

As of February 1, drilling operators in Texas are now required to report the chemical compounds used in hydraulic fracturing or “fracking” operations, the process used to extract natural gas from the ground. Fracking has caused controversy over the potential that it can contaminate groundwater and well water.

In addition, they will have to report the amount of water used, which should be of great interest because of the drought there. Several other states have put this requirement in place.

Click here to read the story.

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By igrossman – March 5, 2012

Cleaning Up Indoor Air

According to researchers, people in developed countries spend 90 percent of their time indoors, potentially breathing air polluted by emissions from indoor sources, such as formaldehyde. One approach to improve indoor air quality is to increase the amount of fresh air intake, the old “dilution is the solution to pollution”.  But increasing fresh air intake brings with it increased energy consumption of energy for heating, cooling and humidifying/dehumidifying.

Members of the Indoor Environment Department of the Lawrence BerkeleyNational Laboratory’s Environmental Energy Technologies Division (EETD) have developed methods for reducing levels of indoor formaldehyde concentrations with a synthetic catalyst and evaluating reduction of other volatile organic compounds with activated carbon fiber filters.

Click here to read the article.

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By igrossman – March 5, 2012

Freddie Mac Environmental Report Updates / Revisions

On May 31st , 2011 Freddie Mac updated their requirements for Phase I ESA environmental reports.

The most significant of Freddie Mac’s environmental report updates is a requirement to indicate in the Phase I ESA whether the state in which the property is located has a State Super Lien Law.  Super Liens would allow environmental authorities to place a first priority lien on the Property as a result of environmental hazards.  Numerous states currently have Super Lien laws in effect, including Connecticut, Hawaii, Louisiana, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, and Wisconsin.

Another Freddie Mac ESA revision is a clarification that the opinion that a Property contains no asbestos-containing materials (ACM) cannot be based on the Property’s construction date.  Freddie Mac requires that the consultant either render a professional opinion on whether the building contains asbestos, that opinion not being based solely on the age of the building, or conduct sampling of suspect ACM. In lieu of conducting sampling, an O&M Plan may be recommended if the material is:

  • Undamaged non-friable; and
  • Non-hazardous in its current form, condition and location.

An abbreviated O&M plan is allowed for undamaged, encapsulated friable joint compound, if that is the only suspect material.  If sampling is conducted, a qualified professional must analyze the samples utilizing polarized light microscopy and dispersion staining.

Other revisions include:

  • The minimum number of units to be inspected and/or sampled
  • Requires that Freddie Mac approves O&M plans prior to the loan origination date
  • Clarifying the inspection requirements for PCBs
  • Revisions to form 1103

Visit our Freddie Mac due diligence webpage for a full rundown of the revisions.

Posted in Environmental Due Diligence.

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By erikapetty – June 6, 2011

LSRP Program

The New Jersey Department of Environmental Protection (NJDEP) created the Licensed Site Remediation Professional (LSRP) program last year to help expedite the cleanup of contaminated sites.  The program was created by the Site Remediation Reform Act (SRRA), which was signed into law in May 2009, and gives LSRPs the ability to oversee the day to day management of remediation sites, rather than waiting for NJDEP approval to proceed.

LSRPs are required to meet the same stringent cleanup standards as previously established and are bound by a strict code of ethics; however, the process of remediation will proceed much more quickly under this new program.  This is a welcome change for industrial and commercial property owners and developers that are eager to achieve site closure and return properties to greatest productive use.

Given the relative newness of this program, there seems to be a shortage of LSRPs in New Jersey.  The NJDEP anticipated  receiving 5,000 applications upon the inception of the program.  To date, less than 500 certifications have been processed.  Partner Engineering and Science’s David Umbach is a PG and an LSRP and has been overseeing remediation sites since 1981, including more than 1,000 major oil company UST site removals, Industrial site closures, Brownfields redevelopments, HUD, FHA and SBA funded developments, Industrial waste system closure and construction, Landfill capping and closure,  Lagoon, pond and marina dredging, Wetlands reconstruction, Municipal water supply system designs, Spill Prevention Containment and Countermeasure Plan preparation, ISRA and RCRA compliance, groundwater remediation system design and operation.

Last week the NJDEP issued new guidance on complying with the program, clarifying certain fees, forms and site classifications/scopes of work.  Visit Partner for information on the LSRP program and the recent advisory.

Posted in Building Engineering, Commercial Building Inspection, Environmental Due Diligence, Environmental Soil Testing.

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By erikapetty – October 7, 2010

Erosion Control and the Phase 1 Environmental Site Assessment

Erosion Control is a big issue for lenders taking back construction sites and vacant parcels that were intended for construction. When lots are graded, all of the natural vegetation that protects a site from surface leaving, allows the soil to becomes exposed to rain and wind. When a site erodes the result can be damage to the completed earthwork on the site as well as silting of streams and storm sewers. Cities and states around the country are fining land owners across the country for not controlling their erosion.

The Phase 1 Environmental Site Assessment can easily address erosion control issues at the same time. To do this, the client should work with a firm that has expertise in both erosion control and environmental site assessment.

Erosion control measures include: silt fences, straw bales or sandbags around the perimeter, engineered catch basins, and seeding of exposed soils.

Partner Engineering and Sciences, offers a full range of erosion control products ranging from site inspection to design of mitigation measures.

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By Joe Derhake – June 29, 2010

Lead Scavengers

Lead scavengers, such as Ethylene dibromide (EDB) and 1,2-dichloroethane (1,2-DCA), were additives to leaded gasoline until the late 1980s. Recent study has shown that these compounds may persist in the environment and affect drinking water supplies. The regulations for lead scavengers may be evolving and environmental professionals performing Phase I and II Environmental Site Assessments should beware.

Lead scavengers have had uses other than gasoline. For examples, the common lead scavenger, EDB, was used as a soil fumigant. EDB was widely used as an agricultural fumigant and was banned in 1983 and 1,2-DCA is still used as an industrial solvent. Both of these lead scavengers have federal Maximum Concentration Limits (MCLs) in drinking water; for EDB the MCL is 0.05 parts per billion (ppb), and for 1,2-DCA it is 5.0 ppb.

Leaded fuel with lead scavengers is still used in some fuels—auto racing fuel and aviation fuel. The EPA is currently working with states to determine the size of the lead scavengers problem.

Phase 2 Environmental Reports and soil and groundwater testing at fuel storage or underground storage tank sites should include testing for lead scavengers.
After lead scavengers were phased out of leaded gasoline, the hope was that that lead scavengers present in the ground and groundwater as a result of leaking underground storage tanks would degrade and dissipate or degrade. Recent data indicates that lead scavengers may persist for long periods of time in the groundwater.

Posted in Environmental Due Diligence, Environmental Soil Testing, Phase I Environmental Site Assessments.

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By Sean Rakhshani – May 16, 2010

Phase II Environmental Report

A Phase I Environmental Site Assessment Report researches a site’s history and if the previous uses of the site represent a Recognized Environmental Condition, the Environmental Professional typically recommends a Phase II Environmental Report. The Phase II Environmental Report typically consists of subsurface soil borings from which soil, groundwater, and/or soil vapor samples are collected.

Phase IIs are commonly recommended for historical use of a site by environmentally sensitive uses such as: a gas station, a dry cleaners, industrial uses, and auto repair. The Phase II will test the soil in areas of concern as determined during the Phase I ESA and the samples collected from these borings will be sampled for the chemicals of concern. A good Phase I ESA is critical in adequately scoping a Phase II Environmental Report.

The Phase II Environmental Report will evaluate if the historical use of hazardous chemicals on the subject site are a threat to human health, groundwater, or the general environment.

For a quote or advice on a Phase II Environmental Report call Partner Engineering and Science at 800-419-4923.

Posted in Commercial Building Inspection, Environmental Due Diligence, Environmental Soil Testing.

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By admin – December 26, 2009

Phase I Environmental Reviews

As an Environmental Professional, I am routinely asked to review a competitor’s Phase I Environmental Site Assessment and in these instances I think how we approach these reviews is an important manifestation of our professionalism. When reviewing another consultant’s Phase I ESA and/or Phase II Subsurface Testing Report, we need to focus on our client’s needs as opposed to trying to show why we are somehow better than the report author.

When reviewing an environmental report, important questions to ask are: 1) did the scope of work materially meet the requirements of ASTM 1527-2007 and those of the EPA’s All Appropriate Inquiry (AAI) Standard; 2) does the report contain enough information and data to support the decision at hand; and 3) did the author interpret the environmental risks in a way that fits into your client’s paradigm.

The bottom line is that while we should take firm positions on the facts and risk interpretation, we should always give the other professional the benefit of the doubt.

Posted in Environmental Due Diligence, Environmental Soil Testing, Phase I Environmental Site Assessments, Real Estate Due Diligence.

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By admin – December 9, 2009

HUD Phase I Environmental Site Assessment

A Phase I Environmental Site Assessment is required for to finance all MAP projects (purchase, refinance, new construction or substantial rehabilitation) and the Phase I ESA must meet both the requirements of the American Society of Testing Materials (ASTM) Standards E1527 and the requirements of HUD “Environmental Assessment Guide for Housing Projects” and the HUD Handbook 1390.4 “Guide to HUD Environmental Criteria and Standards contained in 24 CFR 51”.

The consultant must complete HUD’s environmental form HUD-4128 “Environmental Assessment and Compliance Finding for the Related Laws.” HUD Form 4128 requires the consultant to address issue beyond the traditional ASTM Phase I ESA. For example, the consultant must opine on the site’s exposure to noise and must address asbestos and lead based paint.

Recently, HUD has began requiring a Tier 1 vapor intrusion (VI) screen as defined by ASTM E 2600 with the Phase I environmental site assessments. Per Tier I guidelines, the environmental professional must perform an initial vapor intrusion screen to determine if there is a potential for toxic vapors to exist onsite as a result of an onsite or offsite release.

HUD also wants to ensure that the environmental professionals working on their projects are experienced with HUD projects. The engineers and architects that run my firm’s HUD Group are MAP Certified and LEAN Certified, and these are important qualifications in the universe of HUD due diligence.

Posted in Building Engineering, Commercial Building Inspection, Environmental Due Diligence, Phase I Environmental Site Assessments, Real Estate Due Diligence.

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By admin – December 9, 2009