1 It’s not Greek any more Changes Required by the Final All Appropriate Inquiry Rule and ASTM 2005 Standard Presented by Pat McGuckin December 14, 2005 environmental information

2 Major Changes 1.Environmental Professional 2.Continuing Viability 3.Environmental liens and AULs 4.Database Search 5.Data Failure 6.Interview PAST Owners, etc. 7.Opinion on Additional Investigation 8.Data Gaps 9.Non-Scope Issues 10.User Questionnaire 11.Cost Impacts

3 1. Environmental Professional defines EP as someone meeting AAI definition, i.e., having: 1)sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding RECs 2)must have: i.PE or PG plus equivalent of 3 years full-time relevant experience; or ii.Government certified to do Phase Ones plus 3 years; or iii.Bachelor's or higher degree in science or engineering plus 5 years; or iv.10 years equivalent full-time relevant experience (no degree required, and no EP deadline for accumulating 10 years) 3)must remain current via continuing education or similar EP must do or supervise all work, be involved in planning the site visit and interviews, and interpret the information. 1.Site visit and interviews must be done by person possessing sufficient training and experience... (see old 2000 EP definition). Preamble recommends but does not require that EP does these tasks. 2.The rest can be done by anyone.

4 2. Continuing Viability 4.6Up to 180 days old (report date - closing), report is valid. 180 days to 1 year, update within 180 days (item date): i.interviews with owners, operators, & occupants ii.environmental lien search iii.database search iv.site visit v.EP declaration regarding EP qualifications A new User must satisfy User's Responsibilities. 4.7Over one year old, new Phase One required, but okay to use information in prior reports if it meets Standard.

5 3. Environmental Liens and AULs 6.2USER must review reasonably ascertainable land title records and lien records filed under federal, tribal, state or local law for environmental liens or AULs. This includes liens and AULs that may be filed in judicial records. Any such liens or AULs identified should be reported to the EP. The User should either (1) engage a title company or title professional to review such land title records and lien records, or (2) negotiate with the EP to add such an engagement to the scope of work.

6 4. Database Search 8.2.1Standard Sources: only minor changes: –NFRAP increased to 0.5 mile –Delisted NPL named separately mile –Federal, Tribal & State IC/EC Registries added… property only –State and Tribal VCUP sites added mile –State and Tribal Brownfield sites added mile –Tribal records added to mirror state records Additional Sources: only minor changes –Tribal records added to mirror state records –“May be searched” changed to “Shall.” But only if reasonably ascertainable, likely to be useful, and good customary local practice –In Front Range, county landfill records are important

7 5. Data Failure Data Failure clarified: Data failure occurs when the historical research objectives are not satisfied even after checking all of the 8 Standard Historical Sources that are Reasonably Ascertainable and likely to be useful (See below). Historical research is done when either: (1) the objectives are satisfied using whatever sources are appropriate; or (2) Data Failure occurs. Data Failure only involves historical. It is one type of Data Gap. Objectives include identifying use at 5-year intervals back to first use or 1940, whichever is earlier Standard Historical Sources unchanged, but worth a review: 1.Aerial Photographs 2.Fire Insurance Maps 3.Property Tax Files 4.Recorded Land Title Records (not typically useful or customary) 5.USGS Topographic Maps 6.Local Street Directories 7.Building Department Records 8.Zoning/Land Use Records (not typically useful or customary)

8 6. Interview PAST Owners, etc Interview Past Owners, Operators and Occupants, but only if: 1.likely to have material information 2.they are already identified, and 3.the information is not likely to merely duplicate other information. Note: current and past employees not mentioned in Standard, but AAI does mention them. Note: Cost estimate in Preamble assumes no such interviews if current owner has owned property for more than2 years.

9 7. Opinion on Additional Investigation EP "should provide an opinion regarding additional appropriate investigation, if any, to detect" a REC. "This opinion should only be provided in the unusual circumstance when greater certainty is required regarding the identified REC." Such an opinion does not render the assessment incomplete. No recommendations for Phase II or other assessment activities is required. Note: Stay tuned for ASTM clarification.

10 8. Data Gaps 12.7The report shall identify any Data Gaps and the sources consulted to address them. If the Data Gap is significant, EP must comment on the impact of the Data Gap on the ability to identify RECs. A Data Gap is not significant unless it impacts the ability to identify RECs. Data Gaps are not inherently significant. Data Gaps are only significant if other information and/or experience raise reasonable concerns involving the Data Gap.

11 9. Non-Scope Issues List of Additional Issues (non-scope) changed as follows: 1.Asbestos-Containing Building Materials 2.Radon 3.Lead-Based Paint 4.Lead in Drinking Water 5.Wetlands 6.Regulatory Compliance 7.Cultural and Historical Resources 8.Industrial Hygiene 9.Health and Safety 10.Ecological Resources 11.Endangered Species 12.Indoor Air Quality 13.Biological Agents - New 14.Mold - New 15.High Voltage Power Lines - deleted, but still non-scope. 16.Compliance with AULs - added, in

User Questionnaire X.3Optional User Questionnaire added, but leaves room for improvement. 1.Environmental Liens 2.AULs 3.Specialized Knowledge 4.Low Purchase Price 5.Obvious Indicators 6.Common Knowledge

Cost Impacts Preamble estimates the new Rule will result in: –reduced burden for interviews for abandoned sites; and –an increased burden: if past owners, etc. need to be interviewed; and to document environmental liens; and if the reason for a purchase price below fair market value must be documented; and if an opinion on additional investigation is needed. EPA cost estimate in preamble expects that the average cost of a Phase One will increase by between $52 and $58 to a total of $2,185 to $2,190.

14 More Information To order ASTM Standard E , visit: To get the AAI Rule and EPA Preamble, visit: etailView?objectId=090007d480ab74f8 etailView?objectId=090007d480ab74f8 To view the complete EPA Docket, visit: rel11/component/main rel11/component/main Pat McGuckin: