Note: Originally posted in EDR (Environmental Data Resource) blog by Tony.
Ask Tony
An extension of the popular “Ask Tony” column in EDR’s ESA Report newsletter, this blog will address the technical aspects of conducting a Phase I ESA. Topics will cover vapor intrusion, reliance, REC determinations, consultant liability, decisions about whether sources are “reasonably ascertainable,” Phase I updates and contract language.
There is a lot of misunderstanding out there on E 2600!
6/3/2008 | posted by
I picked up an April 10, 2008 Inside EPA and could not help but notice a number of glaring errors. The article indicates the E 1527 Phase I standard “includes protocols for assessing vapor intrusion and other forms of contamination.” As we all know, this is not true. The protocol for vapor intrusion screening is the E 2600 standard. The article further states the E 2600 standard “recommends prospective buyers of property automatically screen for vapor intrusion if a potential source, such as a gas station or dry cleaning shop, falls within a prescribed radius of the property.” Again, this is not true. Prospective buyers of a property do not have to conduct vapor intrusion screening using E 2600 as part of the Phase I. They can choose to include it or not include it. Further on in the article, it says that with the arrival of E 2600 “consultants are unsure whether following E 1527 will be sufficient to comply with EPA’s [AAI] rule. Again, not true. EPA has specifically stated that following the ASTM E 1527-05 standard is sufficient to comply with EPA’s AAI rule. A liitle later in the article is says that E 2600 could “make it very hard for consultants to defend themselves against malpractice suits if consultants do not automatically advise their clients to conduct a [vapor intrusion] investigation.” Of course this is not true. The decision on what scope of work is to be followed for property environmental due diligence is the client’s decision, not the consultant’s. If a client is not concerned about vapor intrusion, then it is simply not added to the Phase I scope of work. The situation is the same as with asbestos. If a client is not concerned about asbestos, it is not added to the Phase I scope of work. The consultant is only liable for doing what is in the agreed upon scope of work.
In a May 28, 2008 Scotsman Guide article, the article states that the E 2600 standard “creates a legal duty of disclosure from sellers to buyers and from landlords to tenants.” This is absolutely not true. In fact, the E 2600 standard specifically excludes any kind of disclosure notification. The E 2600 standard would be conducted as part of the Phase I scope of work for a prospective buyer. It only indicates the potential for there being a vapor intrusion problem. Only by conducting a Tier 3 vapor intrusion assessment can a vapor intrusion problem be confirmed, and conducting a Tier 3 investigation is outside the scope of work of E 2600. In fact, the standard directs the user to existing federal or state vapor intrusion guidance, policy or regulation. Elsewhere in the article, it states that “ASTM’s new standard will determine if a vapor intrusion condition (VIC) exists on the property.” Again, this is not true. E 2600 is a screening standard and its methodology can only identify if a potential VIC (pVIC) exists.
It is imperative that we all do as much as we can to prevent misinformation about the E 2600 standard to pervade the marketplace. One of the ways to accomplish this is first to educate ourselves about exactly what is in the E 2600 standard and then to our clients!
2 Comments
1. By
oriona on 6/23/2008
Tony, There appears to be some confusion regarding the Tier 1 Process for VI Assessment. Per Section 8.5.2 of the ASTM Standard, a plume test is a component of the Tier 1 Screening Assessment. However, as presented in the ASTM VI into Structures Overview presentation, which many of our staff attended, the Plume Test is incorporated into the Tier 2 Process. Please clarify which is correct, and if it is not part of the Tier 1 Process, is the ASTM standard going to be revised? Thank you.
2. By
abuonicore on 6/29/2008
The plume test is NOT part of a Tier 1 screen. The only reason it is discussed in this section of the standard is because a number of users on the Task Group indicated that “their consultants did a file review as part of their Phase I.” As such, there clearly are Phase Is conducted that do include file reviews in the Phase I and this information, consequently, would be passed on to the Tier 1 screen. Remember, the Tier 1 screen takes all of the information collected from the Phase I into consideration. So if regulatory file information were available from the Phase I, why should it not be addressed in Tier 1? Notwithstanding, for many of the consultants that do not do regulatory file reviews as part of their Phase I, the plume test could only be conducted in Tier 2. The E 2600 standard as such officially includes the plume test in Tier 2. If you refer to my Pollution Engineering article in the April 2008 issue (also available at www.pollutionengineering.com), the flowchart makes this clear.
