There has been increasing concern about the conclusions and recommendations in Phase 1 reports that include recommendations for Phase 2 work. If a Phase 2 is recommended that is un-necessary, it can threaten a real estate deal. Even worse, a poorly planned and executed Phase 2 can create huge financial liability for a property owner. The purpose of this course is to clear up some of the confusion that appears to be common in this process.
It is approximately 30 minutes in length but we’re estimating it will take approximately twice as long with discussion. There are several case studies illustrating what information Phase 2 projects are based upon and how scope of a Phase 2 is determined based on Phase 1 research information. It also includes examples of language that is common in Phase 1 recommendations that could lead to problems with recommended Phase 2 investigations.
Call us if you are interested in the complete presentation at your office or ours.
Our headquarters are in the central San Francisco Bay Area but we have employees in Sacramento, Manteca and Concord. ERAS has completed due diligence projects in Southern and Northern California and in western Nevada.
Phase 1 ESA projects are performed to meet or exceed current American Society of Testing Materials (ASTM), E1527-13 Standards and are compliant with the EPA All Appropriate Inquiry (AAI) that provides protection under innocent landowner defense. ERAS also conducts Environmental Transaction Screen (ETS) projects for clients that may require a lesser level due diligence. ERAS has conducted an average of approximately 200 ESA and ETS projects per year over the past 15 years throughout Central California.
ERAS conducts limited soil and groundwater sampling projects for due diligence projects. These are specific to identified risks to subsurface conditions and strictly follow all local and state regulatory agency requirements. Sampling techniques have included hand borings, Hydropunch™ and other sampling techniques. ERAS has significant experience in rapid turnaround and cost effective expertise because of staff experience and significant knowledge of environmental agency regulations throughout California.
ERAS performs subsurface soil and sampling for due diligence and regulatory agency leak case investigations. These are performed following California Department of Toxic Substance Control Board 2015 Guidelines.
ERAS has worked on a large variety of fuel, solvent and other chemical release sites listed with local, county, state and federal regulatory agencies. These include gas stations and other fuel leak sites, dry cleaners and other solvent release sites and sites suspected of release of metals and other chemical contaminants. ERAS has prepared work plans, site conceptual models, feasibility studies and corrective action plans on these site. Work has included drilling of borings and installation of groundwater and remediation wells using a number of sampling techniques and using a large variety of equipment.
ERAS has provided design and implementation management for soil and groundwater remediation projects. This includes soil excavation and confirmation testing, and testing for chemical injection and remediation design. ERAS has collaborated with professional design engineers to plan and install vapor, soil and groundwater extraction and treatment systems and combinations of these. ERAS has also installed remediation wells as part of the system installations.
ERAS provides professional reviews of other consultants environmental reports (UST removal, Phase 1, Phase 2 or remedial action) as second opinions or to supplement information. Regulatory technical reviews are performed to provide a status of investigations at site undergoing subsurface investigations or remediation. These studies may be requested for potential real estate transfers and have been performed for potential buyers, sellers, loan officers and legal counsel.
ERAS performs Phase 1 updates to bring older Phase 1 ESAs into compliance with current standards. Technical research or environmental file reviews for the Property or nearby sites and/or historical research may be appropriate to supplement other due diligence information for a particular property. Historical research may be used for purposes including site reconstructions and to document significant historical features.
ERAS can provide environmental project services in the following general areas:
• Phase one ESA and other due diligence products
• Hazardous materials management/facility closure
• Phase 2 due diligence and monitoring investigations
• Regulatory communication and consultation
• Asbestos inspection and management
ATTENTION LEASING AGENTS AND MANAGERS
ERAS is pleased to announce new services relating to compliance with regulations pertaining to the use and storage of hazardous materials and handling and disposal of hazardous waste. All local agencies (might be city, county or state government) require businesses who use and store hazardous materials above a certain amount to be permitted by their agency. These agencies, often known as the Certified Unified Program Agency (CUPA), require compliance with hazardous materials regulations that fall into several categories as follows.
- Storage of hazardous materials –labeling, proper storage and signs
- Handling of hazardous materials - includes worker safety training and personal protective clothing as well as emergency response procedures
- Storage and disposal of hazardous waste – includes disposal documentation Any business that stores more than 55 gallons of liquid or 500 pounds of solid hazardous materials or more than 200 cubic feet of compressed gas (other than propane, oxygen, nitrogen or nitrous oxide) must submit a Hazardous Materials Business Plan (HMBP). The purpose of this plan is to ensure the health and safety of workers in the facility and for emergency responders. The HMBP summarizes the categories of information described above for a facility and is site specific. ERAS can provide the following services.
- Preparation of HMBP – starting at less than $1,000, price will vary significantly based on size and type of facility, number of buildings, amount of different hazardous materials, their location and number of employees
- Compliance with hazardous materials regulations – We provide advice before the CUPA does their inspection
- Consultation regarding employee training and emergency response
- Hazardous materials facility closure
In order to facilitate our interactions with our clients, ERAS offers educational training and information pertaining to environmental issues in which we and our clients are typically involved. The emphasis is on due diligence investigations for real estate financing projects.
In addition to the presentation Phase 1 and Phase 2 Investigations – How Do They Relate?. ERAS is pleased to provide free lectures and training sessions for clients and their staff. These range in length from 15 minutes to an hour or more.
Training and information relate to the following subjects:
- Phase 1 and Transaction Screens (when to use)
- Phase 2 investigations (simple vs. complex, how to decide scope
- Regulatory compliance & requirements (for businesses, leak cases and hazardous materials facility and leak site case closures)
- SBA environmental requirements and Standard Operating Procedures (SOPs)
- Asbestos, lead paint and mold (hazards and issues)
- Other topics or issues relating to environmental due diligence investigations or topics of your choosing (please contact us)
ERAS chief trainer holds a Masters degree in geology, is a State of California Registered Environmental Assessor (REA) Class 2 and Certified Asbestos Consultant (CAC) with over 22 years experience in environmental consulting.
ERAS welcomes the opportunity to provide a short visual presentation on these or related topics. We would welcome the opportunity to meet you and your staff. Please call for an appointment.
** Note that the information presented herein should not be construed as legal advice.
ERAS employs Registered Environmental Assessors (REA) Class 1 and 2, Professional Geologist (PG) and Certified Asbestos Consultant (CAC).
Key Conclusions: ERAS has acquired drilling and sampling equipment that enables Phase 2 vapor and shallow soil sampling. These new capabilities enable us to do faster, less expensive sampling projects saving our clients time and money.
ERAS now has powered drilling and sampling equipment that enables us to collect soil gas (aka soil vapor) samples and shallow soil samples for laboratory analysis. The equipment includes drilling equipment and drilling rods that allow for driving of drill rods to depths of up to 10 feet for sampling depending on subsurface conditions.
The equipment vastly improves the capabilities to sample beneath concrete and also penetrate base rock and hard soils that were previously difficult to impossible to sample using older hand sampling equipment. The equipment allows many sites to be investigated without subcontracting a drilling contractor resulting in significant savings in time and money. Please contact us for a quotation if these sampling services are required.
ERAS has expanded its project capabilities area to Sacramento and Portland. ERAS has previously performed Phase 1 and Phase 2 projects in the Greater Sacramento Area but with an employee based there, we can respond faster to our client’s inquiries. This also greatly increases our “neighborhood range” to the north and east.
We also have hired an assessor to perform work in the Portland, Oregon area. ERAS is in process of building broker and lending institution clients in the Pacific Northwest which can be served from this office. Please contact ERAS if we can serve your needs in these areas.
ERAS has created a new training presentation for our clients.
The presentation, entitled SBA Standard Operating Procedures (SOP) Due Diligence Issues and Answers, is approximately ½ hour in length. The presentation discusses the uses of the SOP’s and provides case study examples of how these apply to specific due diligence projects. Alternatives to the standard due diligence products are discussed. ERAS can arrange to present this for you at your office for a lunchtime or other event.