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Case Studies: HREC-CREC-RECDeterminations

Moderated by: Anthony J. Buonicore, P.E., BCEE, QEP

Panelists:Rich Geisler, P.G., LSP/Vice President of Environmental Service, Green Seal EnvironmentalDan Jaffe, President, IES Inc. Michael Gitten, Division Manager-Environmental Services, ATC Group Services

1.REC-HREC-CREC Definitions in E1527-13

REC-HREC-CREC E1527-13 Definitions

▸ REC – presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.

REC-HREC-CREC E1527-13 Definitions

HREC – a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls.

REC-HREC-CREC E1527-13 Definitions▸ CREC – a REC resulting from a past release of

hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (e.g., as evidenced by issuance of a NFA letter or equivalent, or meeting risk-based criteria established by the regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls.

2.Session Format

▸ Facts of Each Case▸ Panelists’ Opinions▸ Audience

Participation

Case One▸ TARGET PROPERTY: 20 year old multifamily housing

complex (six stories, no basement below the building, gas heating)

▸ LOCATION: on a commercial main street▸ GOVERNMENT RECORDS: No “hits” on the target

property▸ SITE VISIT: no evidence of contamination on the property▸ PRIOR USE: vacant land▸ Abutting the property (cross-gradient topographically) is

a shopping center that according to the city directory search had a dry cleaner that cleaned on-site for more than 30 years but which closed approximately ten years ago

▸ SOIL TYPE: loamy sandy soil

THE QUESTIONDoes the former dry cleaner create a REC-HREC-CREC on the target property?

Case Two▸ TARGET PROPERTY: 40 year old shopping center built

slab-on-grade▸ LOCATION: on a busy, commercial main street▸ GOVERNMENT RECORDS: disclose a former gas station

on the target property that had a LUST, but which was cleaned up (USTs removed and replaced, contaminated soil removed and contaminated groundwater cleaned to state industrial/commercial standards, state issued an NFA letter)

▸ PRIOR USES: did not reveal any other uses that might have had an environmental concern

▸ No environmental concerns were uncovered in the surrounding area

▸ SOIL TYPE: silty clay

THE QUESTIONDoes the former gas station create a REC-HREC-CREC on the target property?

Case Three▸ TARGET PROPERTY: an office building built on a

brownfield site (former industrial site that operated from 1930s to the 1960s)

▸ PRIOR USE: Former industrial site manufactured cosmetic applicators, tubes and dispensers for the cosmetics industry and used chlorinated solvents principally for cleaning

▸ The site was investigated in the late 1980 and early 1990s.

▸ Metals and VOCs were found in the soil and VOCs in the groundwater, above state commercial/industrial cleanup standards.

▸ The state allowed the use of RBCA to establish soil and groundwater cleanup levels.

▸ State issued an NFA letter.

THE QUESTIONDoes the former industrial site create a REC-HREC-CREC on the target property?

Case Four▸ TARGET PROPERTY: a shopping center with no tenants

having environmental issues▸ PRIOR USE: A gas station that previously existed on the

property was in the LUST database▹ Contaminated soil with BTEX was excavated and

removed from the site.▹ Contaminated groundwater with BTEX was treated with

an SVE system until levels were demonstrated below the existing residential cleanup level.

▹ The state issued an NFA letter.

THE QUESTIONDoes the former gas station create a REC-HREC-CREC on the target property?

Case Five▸ TARGET PROPERTY: has been a shopping center

for more than 50 years with no current tenants having environmental issues.

▸ The property is being sold.▸ PRIOR USE: vacant land▸ The last Phase I (conducted in accordance with

E1527-05 in 2006 by a reputable Phase I firm) did not indicate evidence of any RECs associated with the property or in the surrounding area.

▸ You are asked to “update” the last Phase I.

THE QUESTIONSWould you agree to update the previous Phase I?

Would there still be any potential REC issues or would this likely be a case of no RECs?

Case Six▸ TARGET PROPERTY: a newly constructed office

building in the CBD built on a property that included a former gas station.

▸ The former gas station had USTs that were removed.

▸ Sampling indicated BTEX contaminated soil that was excavated and taken off-site.

▸ Groundwater was not sampled.▸ The property received an NFA letter from the

state.▸ The new office building included a multi-level

(four levels) underground parking garage.▸ No other environmental issues were uncovered in

the site inspection, or the government and historical records check.

THE QUESTIONWould the former gas station represent a REC on the property?

REC-HREC-CREC Relationship

Presence, or likely

presence, of contamination in, at or on the

target property.

Is it de minimis?

Has it been

addressed?

Would regulatory

officials view cleanup as inadequate

today?

Are there restrictions

?

YES

NO

NO

YES

REC(“Bad REC”)

De minimis(“Not a REC”)

NO

CREC(“Good REC”)

HREC(“Not a REC”)

YES

YES

NO

Thanks to today’s panelists! Rich Geisler, P.G., LSP/Vice President of Environmental Service, Green Seal EnvironmentalDan Jaffe, President, IES Inc. Michael Gitten, Division Manager-Environmental Services, ATC Group Services