While purchasing a commercial property it is mandatory to conduct a Phase 1 ESA. It helps to determine whether the property has been exposed to any environmental contaminants due to current or past activities. Regulatory database reviews is an integral part of Phase 1 Environmental Site Assessment. It involves investigation of regulatory files sourced from Federal, state or local agencies. The regulatory files include different types of key documents such as compliance records, records of any violations and closure assessment reports. All these documents help environmental professionals to determine the potential environmental risks for the property. The following section explores the components and the importance of reviewing regulatory databases during Phase 1 ESA.
What is Regulatory Database Review all About?
Environmental site assessment is a mandatory requirement for purchasing any commercial property under the ASTM Standard Practice. The first step Phase 1 ESA involves investigation of whether the subject’s property is exposed to any environmental contamination that might become a serious concern in the future. Review of regulatory databases is one of the key parts of Phase 1 ESA.
Regulatory Databases provide important detailed information such as whether past activities at the site or at adjacent facilities involved the use of harmful chemicals or not, regulatory violations records, legal warnings and so on. These databases help environmental professionals to identify the potential environmental risks associated with the property they are investigating for. Based on their preliminary investigation or Phase 1 ESA, they suggest Phase 2 ESA for the identification of particular contaminants.
Key Informations Included in Regulatory Databases
The information on the regulatory databases vary from one site to another. Factors like location of the site, size and nearby facilities, offers a unique database for each site. Some of the key documents and information reviewed by the professionals are:
- State and Local Databases: State or local regulatory guidelines often vary greatly from the federal guidelines. So do the regulatory databases. It provides a nuanced picture of the local business practices in the area of the site.
- Underground Storage Tanks: The presence of USTs at the site is a potential risk factor. Regulatory databases provide information on USTs continuing harmful chemicals including petroleum and records of leakages from these if any.
- Other Contaminants: The database also reveals the presence of other contaminants such as asbestos and lead paints that were used in the old buildings. This information helps business owners to take necessary steps to get rid of the contaminants beforehand.
- National Priorities List (NPL): The NPL includes the names of all the sites that are considered the most serious uncontrolled or abandoned hazardous waste sites according to the U.S. Environmental Protection Agency (EPA). It helps environmental professionals to easily locate the site they are investigating from the list and to notify stakeholders for necessary action.
- Comprehensive Environmental Response, compensation, and Liability Act (CERCLA): CERCLA provides records of sites with a history of contamination incidents. Conducting a thorough CERCLA database review helps protect property owners and prospective buyers from unforeseen cleanup costs and legal liabilities
- Resource Conservation and Recovery Act (RCRA): This is a database that identifies any past or present hazardous waste activities associated with a property. By examining these databases, environmental professionals can uncover records of hazardous waste generation, storage, treatment, and disposal, as well as any corrective actions taken at the site.
The Importance of Review of Regulatory Database
The Regulatory Databases Review is a historical research of a site required for environmental risk assessment as part of Phase 1 ESA. It is important for the following reasons:
1. Legal Compliance
Every commercial property holder is mandated to comply with the regulatory requirements. As a result, if a site is contaminated due to past activities and goes unaddressed before taking over the ownership, the new owner is considered responsible for all environmental contamination left behind due to past activities. By conducting Phase 1 ESA including a detailed review of regulatory databases new owners of commercial real estate properties can avoid legal liabilities and hassles.
2. Risk Management
These databases facilitate risk management. First of all, new owners can conduct further investigation through Phase 2 ESA to mitigate the existing problems. Or, they can use this information for legal and financial negotiation.
3. Identification of Contamination Sources
By running a thorough review of regulatory databases companies can identify the potential sources of contamination at the site. For instance, the presence of adjacent gasoline stations is a potential source of contamination that is revealed by detailed database research. This in turn helps owners to take necessary action.
4. Identifying Past Activities
A particular site might have been used for multiple different purposes at different points in time in the past. Regulatory database review reveals such information, helping environmental professionals to identify the reasons for present contamination or to make assumptions regarding the kind of contamination the site might be exposed to based on past land use.
Conclusion
The blog has discussed the importance of regulatory database reviews in detail. It is historical research on the past harmful activities of a site, the impact of which might linger on in the present and future. It safeguards new commercial property owners from the legal and financial liabilities of environmental hazards left by past land use. Make sure you hire top environmental consulting services in Texas for proper quality Phase 1 ESA. Top agencies hire professionals with a thorough ability to conduct sound regulatory database reviews.