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A Task Group within ASTM International has developed a revision of its ubiquitous Phase I protocol, Standard Practice for Environmental Assessments: Phase I Environmental Site Assessment Process ("E 1527‑05"). The revision is currently under review by USEPA and will be issued this year.
I participated in the revision as the leader of a Focus Group that developed a clarified definition of recognized environmental condition, the core term that defines the focus of a Phase I environmental site assessment.
We developed the revision by reducing the existing definition to its essential elements (in light of the requirements for all appropriate inquiries under the federal Superfund law):
The presence or likely presence of a hazardous substance (or petroleum) at the property
1) due to a release or spill to the external environment; or
2) under conditions that pose a material threat of a future release or spill to the external environment.
Of course, a de minimis condition is not a REC. To constitute a REC, a condition must present a risk to people or the environment, or require clean-up or trigger enforcement, if it were brought to agency attention.
Note: this revised definition clarifies the existing one; it does not change its meaning.
We expect to further address this clarification, as well as the significance of other revisions, in subsequent blogs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
