2B — July 26 - August 15, 2013 — Owners, Developers & Managers — Mid Atlantic Real Estate Journal
www.marejournal.com O WNERS , D EVELOPERS & M ANAGERS By David S. Coyne, Liberty Environmental, Inc. Phase I Enviro. Site Assessment Standard Practice 2013 Changes P Part two of Three – cont inued from the July 12th PA is-
voluntary cleanup programs. This new category of RECs has been identified and defined as a controlled recognized environ- mental condition (CREC). It acknowledges the thousands of remedial strategies performed in recent decades under state risk-based cleanup programs such as Pennsylvania’s suc- cessful Land Recycling (or Act 2) Program. This allows for the Environmental Profes- sional to identify and describe a cleanup that allowed impacts to remain in place subject to a cap, for example, or a property use restriction. One important and critical element of the definition of this new category is that it does not imply that the Environmental Profes- sional has fully evaluated or independently confirmed the adequacy, the effectiveness, or the implementation of the prior risk-based remedy. This is an important point to consider, since it relieves the ESA pre- parer of a great deal of third- party study. However, in the development of the newCREC definition, the EP will still be responsible for identifying and understanding the nature and the extent of
the remedial action taken to address the prior release, to the extent possible based on their review of the regulatory or user-provided information that constitutes part of the data collection requirements of the ESA. The Vapor Intrusion Evaluation During the development of many of the state-specific, risk- based remedial programs in the 1990s and early 2000s, the identification and removal of the vapor migration exposure pathway into buildings was identified as a key element to any successful remedial strat- egy. It can be argued that the concept of evaluating vapor mi- gration has long been included in the scope of an ESA through the definition of an REC that includes releases “into struc- tures on the property or into the ground”; however, listing of indoor air quality among the non-scope considerations within the Standard led many professionals away from mak- ing judgments about vapor intrusion risks at a particular site. Part 3 to be featured in the Aug. 16th PA Section. ■
sue. For a full version o f ar t i c l e please con- tact Elaine Fanning at: efanning@ mare j our - nal.com ANew type
David S. Coyne
of REC: The Conditional REC The concept of a prior release that had been cleaned up to the satisfaction of a regulatory agency had been introduced in earlier versions of the Stan- dard, but the definition for HRECs in the 2013 Standard is limited to those cleanups which achieved unrestricted use with no continuing controls or use limitations on a property to maintain a remedial attain- ment. However, the logical conse- quence of this stricter defini- tion leaves open a category of site conditions which do rely on risk-based criteria, specifically any successful risk-based clean- up effort that relied on a con- trol or use limitation, such as is increasingly common under
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