EVEN 4100 Environ Sampling & Analysis  Announcements  indoor labs in ECCE 1B47  HAZWOP  first lecture/lab – Wed, Sept 2, ECCE 1B47  second lecture – Thur, Sept 3, here  Labs  first lab – Wed, Sept 9  field trip (on foot) for Phase I ESA  assume you need all safety equipment and clothing

Environmental Media of Concern  Solid  soil, sediment, bedrock  building materials, containers  Liquid  surface water  ground water  mixtures  Gas  ambient air, indoor air  soil vapor  Biota

Contaminants of Concern  Organic compounds  Inorganic compounds

Contaminants of Concern  Organic compounds  volatile organic compounds  solvents (e.g., acetone, alcohols)

Contaminants of Concern  Organic compounds  volatile organic compounds  solvents (e.g., acetone, alcohols)  chlorinated hydrocarbons (e.g., TCE, PCE)

Contaminants of Concern  Organic compounds  volatile organic compounds  solvents (e.g., acetone, alcohols)  chlorinated hydrocarbons (e.g., trichloroethene, tetrachloroethene)

Contaminants of Concern  Organic compounds  volatile organic compounds  solvents (e.g., acetone, alcohols)  chlorinated hydrocarbons (e.g., TCE, PCE)  petroleum constituents – gasoline  BTEX

Contaminants of Concern  Organic compounds  volatile organic compounds  solvents (e.g., acetone, alcohols)  chlorinated hydrocarbons (e.g., TCE, PCE)  petroleum constituents – gasoline  BTEX (benzene, toluene, ethylbenzene, xylenes)

Contaminants of Concern  Organic compounds  volatile organic compounds  solvents (e.g., acetone, alcohols)  chlorinated hydrocarbons (e.g., TCE, PCE)  petroleum constituents – gasoline  BTEX (benzene, toluene, ethylbenzene, xylenes)  methyl tert-butyl ether

Contaminants of Concern  Organic compounds  volatile organic compounds  solvents (e.g., acetone, alcohols)  chlorinated hydrocarbons (e.g., TCE, PCE)  petroleum constituents – gasoline  BTEX (benzene, toluene, ethylbenzene, xylenes)  methyl tert-butyl ether  ketones (methyl ethyl ketone)  refrigerants (chlorofluorocarbons)

Contaminants of Concern  Organic compounds  volatile organic compounds  solvents (e.g., acetone, alcohols)  chlorinated hydrocarbons (e.g., TCE, PCE)  petroleum constituents – gasoline  BTEX (benzene, toluene, ethylbenzene, xylenes)  methyl tert-butyl ether  ketones (methyl ethyl ketone)  refrigerants (chlorofluorocarbons)  analysis by GC/MS

Contaminants of Concern  Organic compounds  volatile organic compounds  solvents (e.g., acetone, alcohols)  chlorinated hydrocarbons (e.g., TCE, PCE)  petroleum constituents – gasoline  BTEX (benzene, toluene, ethylbenzene, xylenes)  methyl tert-butyl ether  ketones (methyl ethyl ketone)  refrigerants (chlorofluorocarbons)  analysis by gas chromatography/mass spectrometry  EPA Method 8260

Contaminants of Concern  Organic compounds  semi-volatile organic compounds  solvents (chlorinated benzenes)

Contaminants of Concern  Organic compounds  semi-volatile organic compounds  solvents (chlorinated benzenes)  petroleum constituents – diesel, fuel oil  PAHs

Contaminants of Concern  Organic compounds  semi-volatile organic compounds  solvents (chlorinated benzenes)  petroleum constituents – diesel, fuel oil  polycyclic aromatic hydrocarbons (naphthalene, phenanthrene, styrene, etc.)

Contaminants of Concern  Organic compounds  semi-volatile organic compounds  solvents (chlorinated benzenes)  petroleum constituents – diesel, fuel oil  polycyclic aromatic hydrocarbons (naphthalene, phenanthrene, styrene, etc.)  pesticides, herbicides  organochlorine compounds (e.g., DDT)  organophosphate compounds (e.g., malathion)  triazine compounds (e.g., atrazine)

Contaminants of Concern  Organic compounds  semi-volatile organic compounds  PCBs

Contaminants of Concern  Organic compounds  semi-volatile organic compounds  polychlorinated biphenyls (PCBs; Arochlor nnnn)

Contaminants of Concern  Organic compounds  semi-volatile organic compounds  polychlorinated biphenyls (PCBs; Arochlor nnnn)  dioxins and furans  2,3,7,8-tetrachlorodibenzo-p-dioxin  tetrachlorodibenzofuran

Contaminants of Concern  Organic compounds  semi-volatile organic compounds  polychlorinated biphenyls (PCBs; Arochlor nnnn)  dioxins and furans  2,3,7,8-tetrachlorodibenzo-p-dioxin  tetrachlorodibenzofuran  analysis by GC/MS  EPA Method 8270

Contaminants of Concern  Inorganic compounds  metals  metalloids

Contaminants of Concern  Inorganic compounds  metals  copper, zinc, lead  cadmium, mercury, silver  aluminum, manganese  chromium  metalloids  arsenic, selenium  antimony

Environmental Site Assessment  Comprehensive Environmental Responsibility, Compensation, and Liability Act (CERCLA), 1986 (“Superfund”)

Environmental Site Assessment  Comprehensive Environmental Responsibility, Compensation, and Liability Act (CERCLA), 1986 (“Superfund”)  Liability  strict – wrong-doers are liable for damages without requiring proof of negligence  joint and several – any and all of wrong-doers can be forced to pay for all damages in cases of indivisible harm (proportion of total harm attributable to each wrong-doer cannot be determined)

Environmental Site Assessment  CERCLA liability  current property owners responsible for contamination cleanup regardless of responsibility for contamination  property owners, lenders, and lessees can potentially be held liable (civil and criminal)  prospective property owners must complete “due diligence” assessments to avoid liability

Environmental Site Assessment  What is due diligence for CERCLA?  Phase I ESA  commercial and industrial real estate  demonstrates lack of liability; allows “innocent landowner” defense  important for brownfield sites  requires “all appropriate inquiry” by purchaser

Environmental Site Assessment  What is “All Appropriate Inquiry”?  requirements for property owner defenses under CERCLA  federal minimum standards for conducting ESAs  additional requirements beyond ESAs  environmental liens  market value versus purchase price analysis  maintenance of institutional and engineering controls in future

Environmental Site Assessment  What is a Phase I ESA?  assessment of potential or existing environmental liabilities of a site  real estate transactions  brownfield sites  components  site visit (including neighboring properties)  review of operating records, zoning permits  interviews  historical aerial photography  identification of “recognized environmental conditions”  (no sampling)  ASTM E (on course web site here)here

Environmental Site Assessments  Phase I ESA  ASTM E

Environmental Site Assessment  What are “Recognized Environmental Conditions” (RECs)?  “ …Presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of release…into structures on the property or into the ground, groundwater, or surface water of the property. ”  petroleum?  excluded from CERCLA; not part of AAI  included in ASTM E

Environmental Site Assessment  Examples of RECs  underground storage tanks (current or former)  even if no leaks have been reported  oil and gas wells or tanks  significant soil staining attributable to spills  observed leaks (drums, tanks, etc.)  floor drains with staining  adjacent property with identified contamination  dry cleaning (on site or adjacent)  adjacent landfill  mining waste rock piles or draining adits

Environmental Site Assessment  Examples of RECs  farm and ranch land  dumps, cattle dipping vats  improper pesticide use  Current/former auto dealerships/repair shops  Commercial properties with current/former septic systems  Previously demolished buildings  asbestos in soil  Oily sheen on surface water  Leaking electrical transformers

Environmental Site Assessment  Historical RECs (HRECs)  conditions that would qualify as RECs that have been properly remediated  “no further action” status  (may still be considered a REC)  depends on site-specific cleanup levels  example: petroleum storage tank formerly on site, removed, contaminated soil removed, regulatory agency approves remediation result

Environmental Site Assessments  Who hires environmental consultants to do Phase I ESAs?  purchasers of commercial and industrial properties  owners of commercial and industrial properties  tenants of commercial and industrial properties  attorneys  government agencies  non-profit organizations

Environmental Site Assessments  Who can conduct a Phase I ESA?  ESAs be conducted under supervision of an “Environmental Professional”  Professional Engineer  Professional Geologist  3+ years experience  B.S. degree in science/engineering  5+ years experience  Anyone with 10 years of experience  Strongly recommend that the Environmental Professional conduct site reconnaissance and interviews with owners

Environmental Site Assessment  Phase I ESA steps  client-provided information  historical research  regulatory agency research  interviews  property owners  site personnel  site reconnaissance  subject property and adjacent properties  assess topography, drainage, groundwater flow direction  report

Environmental Site Assessment  Client-provided information  title records  known environmental liens  activity and use limitations (AULs)  “specialized knowledge” about environmental problems  “commonly known” information  “reasonably ascertainable” information  valuation reduction for environmental issues  owner, occupant, lessee, property manager information  reason for performing Phase I ESA

Environmental Site Assessment  Historical research  search of records regarding contamination  required distances based on site type, contaminant type  adjacent to property  1 mile  up-gradient sources  back to “first developed use or 1940, whichever is earlier”  database research companies  historical aerial photos and topographic maps  fire insurance maps  land titles; zoning and building permit records  mining claims  time resolution of about 5-year intervals

Environmental Site Assessment  Interviews  conducted by Environmental Professional  must include key personnel  current site owner  current site manager  current occupants and lessees  abandoned properties  must interview adjacent property owners  questions  current use, chemicals on site  knowledge of previous use  knowledge of environmental investigations

Environmental Site Assessment  Site reconnaissance  should be done by Environmental Professional  entire property (to extent practical)  interior  maintenance areas  chemical storage and use areas  boiler rooms  exterior  document any access limitations  locked rooms, gases, dangerous access  snow cover  identify RECs  document with photographs

Environmental Site Assessment  Report  describe purpose and scope of services  document all findings  list RECs identified  identify information gaps  were standards met?  assess significance of gaps relative to RECs  provide opinions regarding RECs  recommend additional investigation for RECs  list environmental concerns outside of Phase I scope  section has partial list  declare certification as Environmental Professional

Environmental Site Assessment  Pitfalls  Phase I ESAs often regarded as a commodity  lowest bidder regardless of quality  example: Argo Mine, Boulder County  clients may not prioritize delivery of information  potentially different opinions about RECs  caution regarding “reliance letters”  letter from one party to another allowing reliance on previous Phase I ESA report

Environmental Site Assessments  Phase I ESA  example: Valmont Butte, Boulder, Colorado report report

Environmental Site Assessment  Brownfield sites CERCLA  property where re-use or re-development is complicated by the presence or perceived presence of environmental contamination  potential liability limits remediation of under- used or abandoned properties  neighborhood blight  reduced value of surrounding property

Environmental Site Assessment  Brownfields Redevelopment – Small Business Liability Relief and Revitalization Act, 2002  liability protection for purchasers and owners of contaminated property  must conduct “all appropriate inquiry” to qualify for liability protection  other versions of innocent landowners  bona fide prospective purchaser  purchaser unaware of another’s claim to property title  contiguous property owner  owner unaware of contamination from adjacent property  ability to apply for grants to pay for property remediation and re-development

Environmental Site Assessment  Brownfields grant  example: Elysian Park, Jamestown, Colorado proposal proposal

Environmental Site Assessments  Phase II ESA  assessment of expected environmental liabilities of a site  sampling and analysis  type, distribution, and extent of hazardous substances  components  Sampling and Analysis Plan  Quality Assurance Project Plan  Health and Safety Plan  Report – purpose, summary of sampling and analysis, health risk assessment, data validation, results and recommendations  ASTM E