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ESA Comparison Table 1/6

Item

ASTM E 1527-05

EPA AAI

PA

Purpose

LLP to CERCLA liability, EPA Brownsfields, business environmental risk or as per user defined scope of work/reason for ESA (varying level of inquiry)

Identify any RECs, including from adjacent properties

Provides EP’s opinion regarding impact and risks

LLP to CERCLA liability & CERCLA grant

Identify any RECs, including from adjacent properties

Provides EP’s opinion regarding impact and risks

NJ State law In NJ need PA to get Innocent Purchaser Defense

Identify all potentially contaminated AOCs, including historic

Designed to determine whether a site poses little or no threat to human health and the environment or if it does pose a threat, whether the threat requires further investigation

Reason for performing ESA

Must be provided by user, if not given EP must assume purpose is to qualify for LLPs

Reason must be stated in the report, might influence the level of inquiry, scope may reflect business environmental risk

   

Performed by EP

Yes, must include credentials in the report

Yes, EP statement/declaration is required

Not specified/defined

User Questionnaire

Yes, to be completed by user

Yes, to be completed by user

No

Interview with past and present owners, operators and occupants

In person, by phone or in writing at discretion of EP

If current occupant 5 or less interview all, if more than 5, interview major occupants, esp. those using HS or PP

Yes, by someone with sufficient training and experience, must identify in report name of person conducting interviews

Must identify interviewees in report

Interview past owners only if identified by user & believed to bring something new to report

DO NOT interview residential occupants

Document attempts if uncooperative, non-user has no obligation to answer

Yes, as of 2005 serve as other historical source based on actual knowledge

Must interview at a min. one neighbor if abandoned property

Interview with government officials not required

 

Existing NFA

If NFA issued it is still a REC unless sample results obtained and reviewed by EP

EP must provide opinion on current impact

If NFA issued it is still a REC unless sample results obtained and reviewed by EP

EP must provide opinion on current impact

Must conduct Order of Magnitude Study

ESA Comparison Table 2/6

Item

ASTM E 1527-05

EPA AAI

PA

Existing information sources

Yes, prior ESAs shouldn’t be judged by current stds.

Use of prior ESA if 180 days or less from date of taking title (closing) presumed valid

Btw. 180 days & 1 year must update: interviews, searches for env. liens, gov. records review, site reconnaissance, report & EP declaration

Must also satisfy user responsibilities

Iif 1 yr plus, all Phase I components must be completed, prior report cannot be used as reference

Yes, if RA, review optional

Yes, required to review earlier assessments

Phase II sampling and testing

No

No

Based on recommendations, site investigation might be conducted and both reports submitted together

Provide a basis for remediation costs

No

No

 

Review of historical sources (no experience requirements for persons conducting file review and historical search)

Physical Setting

Current and past use of property

Yes

Yes

Yes

Current and past use of adjoining properties

Yes

Yes

No

Current and past use of surrounding area

Yes

Optional

No

USGS Topographic maps (topography)

Yes, if RA

Optional

Yes, required

Geological information (hydro-geologic conditions)

Yes, if RA

Optional

Optional

Soils map

Yes, if RA

Not required

Optional

Uses and features involving HS and PP

Yes

Yes

Yes

Structures

Yes

Yes

Yes

Roads

Yes

Yes

Yes

Water supply and sewer system

Yes, if RA

Yes, if RA

Yes, required

Historical Use Information

Identify prior uses

Back to original development or 1940 whichever is earlier, agricultural is considered developed

As far back as first developed

Back to naturally vegetated state

5 yr search interval

Yes

Yes

 

General type of use

Yes, if industrial (see 8.3.2.2)

Yes

Yes

 

ESA Comparison Table 3/6

Item

ASTM E 1527-05

EPA AAI

PA

Typical Documents:

Aerial photographs

Yes, if RA

Yes

Yes, required for all sites 2 acres plus

Fire insurance maps

Yes, if RA

Yes

Yes, required

Property tax files

Yes, if RA

Yes, if RA

Yes, required

Title Policy

Yes, check w/owner if he can provide a copy

Yes

Yes

Chain of title

Yes

Yes

Yes

USGS topo maps

Yes

Yes

Yes

Street directories

Yes, if RA

Important for dry cleaners

Yes

Yes

Building Department Records

Yes, permits

Yes

Yes, required

Zoning Records

Yes

Yes

Yes

Land Use Records

Yes

Yes

Yes

Site Plans / As-built drawings

Optional, if RA

Optional, if RA

Yes, required

Photographs

Not required

Not required

Not required

Review Title for Environmental cleanup liens and Activity and Use Limitations

Yes, responsibility of the user if he wants to claim LLP

Yes, by user

 

Review of Federal, State, or local & tribal government records

Yes, all reviewed sources must be documented (i.e. date, title)

Yes

Yes, required

Search distance

As required by std

Not restricted, EP may modify, use his judgment, must state reasons for reduced distance in report

 

Fire Dept

Yes, only ASTM required at a min. one of FD, HD or EA

No

Yes, required

Health Dept

Yes, one of FD, HD or EA

No (yes, review public health records)

Yes, required

Environmental Agency

Yes, one of FD, HD, EA

No

 

NJDEP GIS System

No, unless common local practice

No, unless common local practice

Yes

Site Reconnaissance

Visual inspection of facility

(visually and physically observed, sight, smell, exterior & interior, accessible common areas) Don’t touch anything, don’t move things, mark as unknown, draw sketches

Yes, by person with sufficient training and experience,must identify in report name of person who conducted the site visit

Yes

Yes, required

Targeted Observations:

HS & PP in connection with identified uses

Yes, HS & PP, past and present

Yes, HS per def, past & present

Yes, list all past and present, provide container type, quantity & CAS#

Storage tanks

Yes (USTs, ASTs)

Yes

Yes

Odors

Yes

Yes

Yes

Pools of liquid, pits, ponds, lagoons

Yes

Yes

Yes

Drums

Yes

Yes

Yes

Unidentified containers

Yes

Yes

Yes

PCB, electrical or hydraulic equipment

Yes

Yes

Yes

 

ESA Comparison Table 4/6

Item

ASTM E 1527-05

EPA AAI

PA

Heating and cooling fuel source

Yes

Yes

Yes

Stains or corrosion on surfaces except staining from water

Yes

Yes

Yes

Drains and sumps

Yes

Yes

Yes

Destination of discharges (sanitary, storm water, separators, etc.)

Yes, Verify for secondary containment

Yes

Yes

Stained soil or pavement

Yes

Yes

Yes

Stressed vegetation

Yes

Yes

Yes

Solid waste

Yes

Yes

Yes

Fill material from unknown origin

Yes

Yes

Yes

Wastewater

Yes

Yes

Yes, discharge type, discharge location (both sanitary and industrial)

Wells

Yes

Yes

Yes

Septic systems

Yes

Yes

Yes

Transformers

Yes

Yes

Yes

Roof drains

Yes

Yes

Yes

Historic Fill

Yes

Yes

Yes, required

Fluorescent light ballasts

Not required, unless local custom, if likely containing PCBs must be noted (usually decommissioned properties prior to 1994)

No

 

AULs (engineering & institutional controls)

Yes

Yes

Yes

Other

Address specialized knowledge or experience on the part of the defendant

Must be provided by user

Yes

Not required

The relationship of purchase price to the value of the property, if the property was not contaminated

Must be provided by user

Yes

Not required

Commonly known or reasonably ascertainable information about the property

Must be provided by user

Yes

Yes

Data Gaps

Yes, must report limitations, deviations that may lead to data gaps and will affect the ability of EP to identify RECs

Must discuss significance

Ex. Limited access to some areas, done in less than 20 days, past owners not interviewed, no city directories data, etc.

Yes, Sampling and analysis may be conducted to develop information to address data gaps (AAI only)

Not required

 

ESA Comparison Table 5/6

Item

ASTM E 1527-05

EPA AAI

PA

Summary of Findings

Those matters material to HS and PP on the property

Note everything (all aocs, deminimis cond, compliance issues)

Does not acknowledge de minimis condition up to EP

Narrative description of each area of concern

Opinions (impact of findings on the property & regarding additional appropriate investigation) & Conclusions (list RECs)

-

REC-likely presence of HS or PP under conditions that indicate a release or threatened release,

de minimis conditions are not RECs

No recommendations required, might specify in a cover letter, not report

Must list RECs and provide EP’s opinions

Conclusions should consider reason, if given

Must indicate if further investigation is required for all RECs identified in the report

Yes, must include opinions

Recommendations required by area of concern

Non-Scope Issues

(do not include in report unless specifically requested, if making a change in report format, must notify client as he’s expecting info, read )

Asbestos containing materials

Don’t make any statements unless you’re licensed

Ref. transaction screen

   

Radon

     

Lead based paint

     

Lead in drinking water

     

Wetlands

   

Optional

Regulatory compliance

     

Vapor intrusion

LUST may lead to recommendation for evaluation for MTBE or Vapor Intrusion

   

Cultural and historic resources

     

Industrial hygiene

     

Health and safety

     

Ecological resources

     

Endangered species

     

Indoor air quality

     

High voltage power lines

     

Mold

     

 

ESA Comparison Table 6/6

Item

ASTM E 1527-05

EPA AAI

PA

Report/Proposal format

Scope

HS & PP

HS, pollutants and contaminants, petroleum or petroleum products excluded from the def. of HS as defined in CERCLA, controlled substances

HS

List user responsibilities

     

Describe scope of services

List tasks that will be performed

   

List limitations or restrictions to services

Specify level of inquiry

   

Limit potential damages to the amount paid for product

     

Include language against third party claims and claims based on fault or negligence of client (check w/attorney)

     

Clearly state standard being used

In SUBSTANTIAL  conformance with std

   

List deviations as requested by user

     

Note reproduction costs will be billed at a cost plus 10% will obtain approval from client

     

Include a disclaimer stating that information will be used without extraordinary verification

Ex. EDR reports

   

Identify those parties for whose benefit the report has been prepared.