All Appropriate Inquiries Criteria Analysis/Comparison to State, Federal, and Commercial Assessment Approaches

All Appropriate Inquiry Criteria Analysis/Comparison to State, Federal, and Commercial Assessment Approaches

As requested by the FACA Negotiated Rulemaking Committee for All Appropriate Inquiry, the following analysis was done comparing the Brownfield Law's ten "all appropriate inquiry" criteria to alternative environmental assessment approaches, including commercial (ASTM), Federal (Brownfields Assessment Guidelines), and states. In addition, other provisions of these approaches that do not apply to any of the law's criterion but may be of interest are included.

State, ASTM, and Federal Information Sources

State laws and guidance documents for the following states were used to conduct this research and, where necessary, state officials were contacted to verify or gather information:
1. Florida
2. Illinois
3. Massachusetts
4. Michigan
5. New Jersey
6. Pennsylvania

The following ASTM documents were used in this analysis:
7. ASTM 1527-97 (Phase I Assessment Standard, redline version)
8. ASTM 1527-00 (Phase I Assessment Standard)
9. ASTM 1528-00 (Transaction Screen Process)
10. ASTM 2247-02 (Phase I for Forestland or Rural Property)
11. ASTM E1984 (Standard Guide for Brownfield Redevelopment)

The following EPA documents were analyzed:
12. Guidance for Performing Preliminary Assessments under CERCLA
13. Generic Brownfields Quality Assurance Project Plan (EPA Region 2)
14. Road Map to Understanding Innovative Technology Options for Brownfields Investigation and Cleanup

Highlights from this research and analysis were presented to the FACA on June 10, 2003.

Criterion I.

The results of an inquiry by an environmental professional.

Small Business Liability Relief and Brownfields Revitalization Act (SBLRBRA) §223(B)(ii),(iii)(I):

"(ii) STANDARDS AND PRACTICES—Not later than 2 years after the date of the enactment of the Brownfields Revitalization and Environmental Restoration Act of 2001, the Administrator shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under clause (i).

(iii) CRITERIA— In promulgating regulations that establish the standards and practices referred to in clause (ii), the Administrator shall include each of the following:

(I) The results of an inquiry by an environmental professional."

Florida

Not applicable.

Illinois

Illinois Environmental Protection Act
415 ILCS 5/

415 ILCS 5/22.2(j)(6)(E)(v)
For purposes of this subparagraph (E), the term "Phase I Environmental Audit" means an investigation of real property, conducted by environmental professionals, to discover the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from real property, and whether a release or a substantial threat of a release of a hazardous substance or pesticide has occurred or may occur at, on, to, or from the real property.

415 ILCS 5/22.2(j)(6)(E)(iii)
(iii) For purposes of this subparagraph (E), the term "environmental professional" means an individual (other than a practicing attorney) who, through academic training, occupational experience, and reputation (such as engineers, industrial hygienists, or geologists) can objectively conduct one or more aspects of an Environmental Audit and who either:

(I) maintains at the time of the Environmental Audit and for at least one year thereafter at least $500,000 of environmental consultants' professional liability insurance coverage issued by an insurance company licensed to do business in Illinois; or
(II) is an Illinois licensed professional engineer or an Illinois licensed industrial hygienist.

An environmental professional may employ persons who are not environmental professionals to assist in the preparation of an Environmental Audit if such persons are under the direct supervision and control of the environmental professional.

Massachusetts

General Laws of Massachusetts

Chapter 21A, Section 19: "‘Waste site cleanup activity opinion,' a professional opinion, excluding legal advice or a legal opinion, that is related to one or more response actions as set forth in this definition. A waste site cleanup activity opinion shall not be relied upon as sufficient to protect public health, safety, welfare, or the environment unless such opinion is rendered by a hazardous waste site cleanup professional licensed pursuant to sections 19 to 19J, inclusive, who (a) is qualified by appropriate education, training, and experience, and (b)(1) in the case of an opinion related to an assessment, has either (I) managed, supervised or actually performed such action, or (ii) periodically observed the performance by others of such action, to determine whether the completed work has complied with the provisions of chapter 21E and the Massachusetts Contingency Plan promulgated pursuant to said chapter." (Italics added.)

Chapter 21A, Section 19: "‘Hazardous waste site cleanup professional,' an individual who, by reason of appropriate education, training, and experience, is qualified, as attested by being licenced by the board, to render waste site cleanup activity opinions that can be relied on as sufficient to protect public health, safety, welfare, and the environment."

Chapter 21E, Section 5h: "Any person who owns a one- to four-family residence that is a site at which the department has incurred costs for response actions shall not be liable to the department for those costs if he can establish by a preponderance of the evidence that. . . etc. . . . The defense established by this subsection shall not apply if. . . etc. . . . unless . . . he did not know or have reason to know of the release at the time he acquired ownership or possession of the site. In no event shall said owner be deemed to have had reason to know of the release of oil or hazardous material on the site unless a reasonable inquiry would have disclosed such presence at the time when the site was acquired by said owner, so long as the purchase price paid by said owner bore a reasonable relationship to the value of the site in the absence of oil or hazardous material. . . . Should such visual inspection indicate that oil or hazardous material had been released at the site, a reasonable inquiry shall also include a further assessment to be performed by or under the supervision of a registered professional engineer, hydrogeologist or other qualified scientist with expertise in such matters." (Italics added.)

Michigan

Natural Resources and Environmental Protection Act

Act 451, Section 324.20126: "(1) Notwithstanding any other provision or rule of law and except as provided in subsections (2), (3), (4), and (5) and section 20128, the following persons are liable under this part:
(a) The owner or operator of a facility if the owner or operator is responsible for an activity causing a release or threat of release.
(b) The owner or operator of a facility at the time of disposal of a hazardous substance if the owner or operator is responsible for an activity causing a release or threat of release.
(c) An owner or operator of a facility who becomes an owner or operator on or after June 5, 1995, unless the owner or operator complies with both of the following:
(I) A baseline environmental assessment is conducted prior to or within 45 days after the earlier of the date of purchase, occupancy, or foreclosure. For purposes of this section, assessing property to conduct a baseline environmental assessment does not constitute occupancy.
(ii) The owner or operator discloses the results of a baseline environmental assessment to the department and subsequent purchaser or transferee if the baseline environmental assessment confirms that the property is a facility." (Italics added.)

Instructions for Preparing and Disclosing Baseline Environmental Assessments and Section 7A Compliance Analysis to the Michigan Department of Environmental Quality and for Requesting Optional Determinations, Michigan Department of Environmental Quality, March 11, 1999

Page 6: Under Section 1(1)(d), Baseline Environmental Assessment is defined as "an evaluation of environmental conditions which exist at a facility at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstances at the facility so that in the event of a subsequent release, there is a means of distinguishing the new release from existing contamination."

Page 11: "Information delineating the extent of known contamination within the property boundaries, if those contaminants are hazardous substances intended to be used or otherwise present as a result of operations at the property or not excluded from future use, and general projections as to their fate (relative to transport, decomposition, etc.)."

Page 11: "Investigation to confirm the presence of and to quantify and delineate the extent of any contaminants shown by the N.IV. assessment to potentially be on the property which are not excluded from future use."

New Jersey

NJSA §§58:10-23.11b, .11f & .11g; NJAC 7:26E ("Technical Rule")

N.J.A.C. 7:26E-1.12 Requirement for Department oversight of remediation
(a) The person responsible for conducting the remediation shall investigate and remediate contaminated sites with Department oversight as specified in N.J.A.C. 7:26C and, in addition, in the following circumstances:

1. Sites suspected or known to be contaminated with anthropogenic radionuclide contamination of any media; and

2. Sites with immediate environmental concern conditions.

Pennsylvania

Not applicable.

ASTM E1527-97 (Phase I Environmental Site Assessment Process)

4.3.2 Who May Conduct—The transaction screen process may be conducted either by the user (including an agent or employee of the user) or wholly or partially by an environmental professional. The transaction screen process does not require the judgment of an environmental professional. Whenever a Phase I Environmental Site Assessment is conducted, it must be performed by an environmental professional to the extent specified in 6.5.1. Further, at the Phase I Environmental Site Assessment level, no practical standard can be designed to eliminate the role of judgment and the value and need for experience in the party performing the inquiry. The professional judgment of an environmental professional is, consequently, vital to the performance of appropriate inquiry at the Phase I Environmental Site Assessment level.

Appendix X3: Guidance to Assist Users in the Preparation for and Selection of an Environmental Professional to Conduct a Phase I Environmental Site Assessment

Environmental Professional Selection

Investigating past uses of a property and the surrounding area, which may result in identifying recognized environmental conditions, requires expertise that can only come with training and experience. Selecting an unqualified or inexperienced environmental professional to perform the work may present unnecessary risk. In the selection of a qualified environmental professional to perform the work consideration should be given to both the individual(s) conducting the Phase I and the firm (assuming the individual(s) works for a firm).

Before retaining an environmental professional to conduct a Phase I, the technical competence of the individual(s) retained to perform the required scope of services should be evaluated. Consideration should be given to the following:

1. the formal education of the individual
2. any environmental site assessment training the individual received in the classroom or in the field
3. how long the individual has been conducting Phase I environmental site assessments
4. experience of the individual in performing the scope of services required for the type of property
5. familiarity of the individual with the current ASTM E1527 standard practice
6. sample reports prepared by the individual
7. check of references who used the individual's services.

Firm

Assuming the individual works for a firm, consideration should be given to the following in the evaluation process:

1. quality assurance/quality control used by the firm in the review of Phase Is conducted by individuals employed by the firm
2. the firm's internal risk management program to manage the risk associated with the conduct of Phase Is.
3. the firm's standard terms and conditions (including any limitations to liability)
4. the firm's errors and omissions (E&O) professional liability insurance policy (including the amount of coverage, limits, deductibles, and exclusions)
5. the firm's policy to ensure consistency when multiple Phase Is are performed.

ASTM E1527-00 (Phase I Environmental Site Assessment Process)

6.5.1 Environmental Professional's Duties—The interviews and site reconnaissance, as well as review and implementation of information upon which the report is based and overseeing the writing of the report, are all portions of a Phase I Environmental Site Assessment that shall be performed by an environmental professional or environmental professionals. If more than one environmental professional is involved in these tasks, they shall coordinate their efforts.

[Note: additional duties of an environmental professional are described in Section 6 Phase I Environmental Site Assessment – User Obligations (6.3.2), Environmental Professional Supervision (6.5.2); Section 7 Records Review – Significance (7.1.9); Section 8 Site Reconnaissance – Observation (8.2), Uses and Conditions (8.4), Past Uses of Adjoining Properties (8.4.1.4), Current or Past Uses in the Surrounding Area (8.4.1.5); Who Should be Interviewed: Key Site Manager (9.5.1).]

ASTM E1528-00 (Transaction Screen Process)

4.3.2 Who May Conduct—The transaction screen process may be conducted either by the user (including an agent, independent contractor or employee of the user) or wholly or partially by an environmental professional. The transaction screen process does not require the judgment of an environmental professional. Whenever a Phase I Environmental Site Assessment is conducted, it must be performed by an environmental professional to the extent specified in 6.5.1 through 6.5.2.1 of Practice E 1527. Further, at the Phase I Environmental Site Assessment level, no practical standard should be designed to eliminate the role of judgment and the value and need for experience in the party performing the inquiry. The professional judgment of an environmental professional is, consequently, vital to the performance of appropriate inquiry at the Phase I Environmental Site Assessment level.

5.8 Further Inquiry Under Practice E 1527—Upon completing the transaction screen questionnaire, if the user concludes that a Phase I Environmental Site Assessment is needed, the user should proceed with such inquiry with the advice and guidance of an environmental professional. Such further inquiry should be undertaken in accordance with Practice E 1527.

ASTM 2247-02 (Phase I Site Assessment for Forestland or Rural Property)

6.5.1 Environmental Professional's Duties—The interviews and site reconnaissance, as well as review implementation of information upon which the report is based and overseeing the writing of the report, are all portions of a Phase I Environmental Site Assessment that shall be performed by an environmental professional or environmental professionals. If more than one environmental professional is involved in these tasks, they shall coordinate their efforts.

[Note: additional duties of environmental professional are described in Section 6 Phase I Environmental Site Assessment – User Obligations (6.3.2), Environmental Professional Supervision (6.5.2); Section 7 Records Review – Significance (7.1.9); Section 8 Site Reconnaissance – Observation (8.2), Uses and Conditions (8.4), Past Uses of Adjoining Properties (8.4.1.4), Current or Past Uses in the Surrounding Area (8.4.1.5); Who Should be Interviewed: Key Site Manager (9.5.1).]

ASTM E1984 (Standard Guide for Brownfield Redevelopment)

Not applicable.

Guidance for Performing Preliminary Assessments Under CERCLA
EPA/540/G-91/013
September 1991

2.2 Determining CERCLA Eligibility

Regional EPA site assessment personnel are responsible for deciding a site's CERCLA eligibility. The PA evaluator is responsible for investigating CERCLA eligibility concerns and must inform EPA site assessment personnel of any findings indicating the site may be ineligible. CERCLA eligibility concerns should be investigated early during the PA process to avoid unnecessary expenditure of resources on sites that should be evaluated under a different program. Note that, should a site be determined ineligible for CERCLA response, the PA may be terminated by your Regional EPA site assessment contact. In such a case, abbreviated PA reporting requirements may apply (see Section 4.4).

Generic Brownfields Quality Assurance Project Plan
U.S. EPA Region 2
Revision No. 2
Revision Date: May 2000 Final

Form B: Project Organization and Responsibility

B.2 Personnel Information

The environmental professional leading (Task Leader) a proposed site-specific Brownfields investigation is responsible for providing technical direction to their staff concerning project objectives, sampling needs, and schedule. In this capacity, the Task Leader is required to act as the primary point of contact for the municipality with the subject environmental regulatory authorities. Hence, the Task Leader is responsible for the development and completion of the Site-Specific Brownfields SAMP, project team organization, and supervision of all project tasks. Alternately, the QC Coordinator working independent of the Task Leader on a proposed site-specific Brownfields investigation is likewise responsible for ensuring all field personnel adhere to the SAMP. In this capacity, the QC Coordinator shall likewise oversee and record any necessary deviations from the SAMP that may be required. In addition, the QC Coordinator shall monitor the collection of all in-situ environmental measurement data and also act as the primary contact with the analytical laboratory retained to perform all confirmatory analyses.

Road Map to Understanding Innovative Technology Options for Brownfields Investigation and Cleanup (p. 9-10)

Seeking and Procuring External Professional Support

Most decision makers at brownfields sites will require technical and legal assistance to fully understand the complexities of investigating and cleaning up a contaminated site. Depending upon the complexity of a particular site, decision makers may request the assistance of environmental consultants, cleanup contractors, technology vendors, or staff of analytical laboratories in performing the many activities required to investigate and clean up sites. The inclusion of these professionals and other experts as members of the brownfields team is recommended. Some states may require the participation of certified or licensed professionals to help guide the site investigation and cleanup process. To obtain the services of such professionals (individuals or a firm), a request for proposals (RFP) is often used as the procurement mechanism. The RFP addresses approach, qualifications, and cost estimate for the services requested and includes specifications that encourage prospective bidders to think "outside the box" and consider nontraditional approaches. Selection criteria outlined in the RFP should include credentials and demonstrated experience of the individuals or firm in developing valid options for using streamlined strategies and innovative technologies at brownfields sites and successfully implementing the selected option.

Criterion II.

Interviews with past and present owners, operators, and occupants of the facility for the purpose of gathering information regarding the potential for contamination at the facility.

SBLRBRA §223(B)(ii),(iii)(II)

(ii) STANDARDS AND PRACTICES- Not later than 2 years after the date of the enactment of the Brownfields Revitalization and Environmental Restoration Act of 2001, the Administrator shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under clause (i).

(iii) CRITERIA- In promulgating regulations that establish the standards and practices referred to in clause (ii), the Administrator shall include each of the following:

(II) Interviews with past and present owners, operators, and occupants of the facility for the purpose of gathering information regarding the potential for contamination at the facility.

Florida

Not applicable.

Illinois

Illinois Environmental Protection Act
415 ILCS 5/

Not applicable.

Massachusetts

General Laws of Massachusetts

Chapter 21, Section 2: "‘Owner', or ‘Operator', (a) (1) in the case of a vessel, any person owning, operating or chartering by demise such vessel, (2) in the case of a site, any person owning or operating such site, (3) in the case of an abandoned site, any person who owned, operated, or otherwise controlled activities at such site, vessel, onshore oil facility, offshore oil facility, deepwater port, or pipeline, any person who owned, operated, or otherwise controlled activities at such site immediately prior to such abandonment, except that, in the case of an onshore oil facility or offshore oil facility, this definition shall not include an agency or political subdivision of the federal government or the commonwealth, or any interstate body, that owned an onshore oil facility or offshore oil facility and that, as the owner, transferred possession and right to operate the onshore oil facility or offshore oil facility to another person by lease, assignment, or permit, immediately prior to such abandonment, (4) in the case of an onshore oil facility, other than a pipeline, any person owning or operating the onshore oil facility, except that this definition shall not include an agency or political subdivision of the federal government or the commonwealth, or any interstate body, that owns an onshore oil facility and that, as the owner, transfers possession and right to operate the onshore oil facility to another person by lease, assignment, or permit, (5) in the case of an offshore oil facility, other than a pipeline or a deepwater port licensed under the U.S. Deepwater Port Act of 1974, the lessee or permittee of the area in which the offshore oil facility is located or the holder of a right of use and easement granted under an applicable law of the commonwealth or the U.S. Outer Continental Shelf Lands Act, for the area in which the offshore oil facility is located if such holder is a different person from the lessee or permittee; provided, however, that this definition shall not include an agency or political subdivision of the federal government or the commonwealth, or any interstate body, that owns an offshore oil facility and that, as the owner, transfers possession and right to operate the offshore oil facility to another person by lease, assignment, or permit, (6) in the case of a deepwater port licensed under the U.S. Deepwater Port Act of 1974, the licensee, (7) in the case of a pipeline, any person owning or operating the pipeline, (8) when a fiduciary who is not an owner or operator pursuant to this definition has title or control or management of a site or vessel, the grantor or settlor of the estate or trust in question, to the extent the assets of the estate or trust are insufficient to pay for liability pursuant to this chapter, (9) when a secured lender who is not an owner or operator pursuant to this definition has ownership or possession of a site or vessel, any person who owned or operated such site or vessel immediately prior to such secured lender obtaining ownership or possession of such site or vessel, (10) when a city or town which is not the owner or operator pursuant to this definition, has ownership or possession of a site or vessel, any person who owned or operated such site or vessel immediately prior to such city or town obtaining ownership or possession of such site or vessel, and (11) after a redevelopment authority, redevelopment agency, community development corporation or economic development and industrial corporation which is not an owner or operator pursuant to this definition takes ownership or possession of a site or a portion thereof, any person who owned or operated such site or portion thereof immediately prior to such redevelopment authority, redevelopment agency, community development corporation or economic development and industrial corporation acquiring ownership or possession of the site or portion thereof, except where such immediate previous owner or operator meets the criteria as an eligible person who has achieved a liability endpoint pursuant to section 5C. The term shall include any estate or trust of which the site or vessel is a part. The term shall not include the commonwealth to the extent the commonwealth holds or held any right, title, or interest in a site or vessel solely for the purpose of implementing or enforcing the commonwealth's rights or responsibilities pursuant to this chapter, unless the commonwealth caused or contributed to the release or threat of release; provided, that nothing in this definition or in this chapter shall be construed to waive any immunity that public employers or public employees may have pursuant to chapter two hundred fifty-eight. The term shall not include a fiduciary or secured lender who meets the requirements set forth in this definition. The term ‘operator' shall not include a hazardous waste site cleanup professional solely because he is acting in his professional capacity as a hazardous waste site cleanup professional with regard to the site or vessel."

Michigan

Natural Resources and Environmental Protection Act

Act 451, Section 324.20116: "(1) A person who has knowledge or information or is on notice through a recorded instrument that a parcel of his or her real property is a facility shall not transfer an interest in that real property unless he or she provides written notice to the purchaser or other person to which the property is transferred that the real property is a facility and discloses the general nature and extent of the release.
(2) The owner of real property for which a notice required in subsection (1) has been recorded may, upon completion of all response activities for the facility as approved by the department, record with the register of deeds for the appropriate county a certification that all response activity required in an approved remedial action plan has been completed.
(3) A person shall not transfer an interest in real property unless the person fully discloses any land or resource use restrictions that apply to that real property as a part of remedial action that has been or is being implemented in compliance with section 20120a." (Italics added.)

Part 201 Rules

Rule 919: "(1) A person who wishes to effectuate and maintain liability protection afforded by section 20126(1)(c) of the act is required by section 20126(1)(c)(ii) of the act to disclose the results of a BEA to the department and subsequent purchasers or transferees. . . .
(7) For the purposes of subrules (5) and (6) of this rule, the requirement to disclose the results of the BEA to a subsequent purchaser or transferee may be satisfied by providing a summary of the BEA and, if requested by the person to whom the interest is being transferred, the full BEA report and related materials submitted to the department under subrules (3) and (4) of this rule."

New Jersey

NJSA §§58:10-23.11b, .11f & .11g; NJAC 7:26E ("Technical Rule")

Not applicable.

Pennsylvania

Not applicable.

ASTM E1527-97 (Phase I Environmental Site Assessment Process)

4.7.3 Current Investigation-Except as provided in 4.7.2 and 4.7.2 of Practice E 1528 prior environmental site assessments should not be used without current investigation of conditions likely to affect recognized environmental conditions in connection with the property that may have changed materially since the prior environmental site assessment was conducted. At a minimum, for a Phase I Environmental Site Assessment consistent with this practice, a new site reconnaissance, interviews, and an update of the records review should be performed.

6. Phase I Environmental Site Assessment

6.1 Objective—The purpose of this Phase I Environmental Site Assessment is to identify, to the extent feasible pursuant to the processes prescribed herein, recognized environmental conditions in connection with the property. (See 1.1.1.)

6.2 Four Components----A Phase I Environmental Site Assessment shall have four components, as described as follows:

6.2.3 Interviews:
6.2.3.1 Interviews with current owners and occupants of the property; see Section 9.

9. Interviews With Owners and Occupants
9.1 Objective—The objective of interviews is to obtain information indicating recognized environmental conditions in connection with the property.

9.2 Content—Interviews with owners and occupants consist of questions to be asked in the manner and of persons as described in this section. The content of questions to be asked shall attempt to obtain information about uses and conditions as described in Section 8, as well as information described in 9.8 and 9.9.

9.3 Medium—Questions to be asked pursuant to this section may be asked in person, by telephone, or in writing, in the discretion of the environmental professional.

9.4 Timing—Except as specified in 9.8 and 9.9, it is in the discretion of the environmental professional whether to ask questions before, during, or after the site visit described in Section 8, or in some combination thereof.

9.5 Who Should be Interviewed:
9.5.1 Key Site Manager—Prior to the site visit, the owner should be asked to identify a person with good knowledge of the uses and physical characteristics of the property (the key site manager ). Often the key site manager will be the property manager, the chief physical plant supervisor, or head maintenance person. (If the user is the current property owner, the user has an obligation to identify a key site manager, even if it is the user himself or herself.) If a key site manager is identified, the person conducting the site visit shall make at least one reasonable attempt (in writing or by telephone) to arrange a mutually convenient appointment for the site visit when the key site manager agrees to be there. If the attempt is successful, the key site manager shall be interviewed in conjunction with the site visit. If such an attempt is unsuccessful, when conducting the site visit, the environmental professional shall inquire whether an identified key site manager (if any) or if a person with good knowledge of the uses and physical characteristics of the property is available to be interviewed at that time; if so, that person shall be interviewed. In any case, it is within the discretion of the environmental professional to decide which questions to ask before, during, or after the site visit or in some combination thereof.

9.5.2 Occupants—A reasonable attempt shall be made to interview a reasonable number of occupants of the property.

9.5.2.1 Multi-Family Properties—For multi-family residential properties, residential occupants do not need to be interviewed, but if the property has nonresidential uses, interviews should be held with the nonresidential occupants based on criteria specified in 9.5.2.2.

9.5.2.2 Major Occupants—Except as specified in 9.5.2.1, if the property has five or fewer current occupants, a reasonable attempt shall be made to interview a representative of each one of them. If there are more than five current occupants, a reasonable attempt shall be made to interview the major occupant(s) and those other occupants whose operations are likely to indicate recognized environmental conditions in connection with the property.

9.5.2.3 Reasonable Attempts to Interview—Examples of reasonable attempts to interview those occupants specified in 9.5.2.2 include (but are not limited to) an attempt to interview such occupants when making the site visit or calling such occupants by telephone. In any case, when there are several occupants to interview, it is not expected that the site visit must be scheduled at a time when they will all be available to be interviewed.

9.5.2.4 Occupant Identification—The report shall identify the occupants interviewed and the duration of their occupancy.

9.5.3 Prior Assessment Usage—Persons interviewed as part of a prior Phase I Environmental Site Assessment consistent with this practice do not need to be questioned again about the content of answers they provided at that time. However, they should be questioned about any new information learned since that time, or others should be questioned about conditions since the prior Phase I Environmental Site Assessment consistent with this practice.

9.6 Quality of Answers—The person(s) interviewed should be asked to be as specific as reasonably feasible in answering questions. The person(s) interviewed should be asked to answer in good faith and to the extent of their knowledge.

9.7 Incomplete Answers—While the person conducting the interview(s) has an obligation to ask questions, in many instances the persons to whom the questions are addressed will have no obligation to answer them.

9.7.1 User—If the person to be interviewed is the user (the person on whose behalf the Phase I Environmental Site Assessment is being conducted), the user has an obligation to answer all questions posed by the person conducting the interview, in good faith, to the extent of his or her actual knowledge or to designate a key site manager to do so. If answers to questions are unknown or partially unknown to the user or such key site manager, this interview section of the Phase I Environmental Site Assessment shall not thereby be deemed incomplete.

9.7.2 Non-user—If the person conducting the interview(s) asks questions of a person other than a user but does not receive answers or receives partial answers, this section of the Phase I Environmental Site Assessment shall not thereby be deemed incomplete, provided that (1) the questions have been asked (or attempted to be asked) in person or by telephone and written records have been kept of the person to whom the questions were addressed and the responses, or (2) the questions have been asked in writing sent by first class mail or by private, commercial carrier and no answer or incomplete answers have been obtained and at least one reasonable follow up (telephone call or written request) was made again asking for responses.
9.8 Questions about Helpful Documents—Prior to the site visit, the property owner, key site manager (if any is identified), and user (if different from the property owner) shall be asked if they know whether any of the documents listed in 9.8.1 exists and, if so, whether copies can and will be provided to the environmental professional within reasonable time and cost constraints. Even partial information provided may be useful. If so, the environmental professional conducting the site visit shall review the available documents prior to or at the beginning of the site visit.
9.8.1 Helpful Documents:
9.8.1.1 Environment site assessment reports,
9.8.1.2 Environment audit reports,
9.8.1.3 Environmental permits (for example, solid waste disposal permits, hazardous waste disposal permits, wastewater permits, NPDES permits),
9.8.1.4 Registrations for underground and above-ground storage tanks,
9.8.1.5 Material safety data sheets,
9.8.1.6 Community right-to-know plan,
9.8.1.7 Safety plans; preparedness and prevention plans; spill prevention, countermeasure, and control plans; etc.,
9.8.1.8 Reports regarding hydrogeologic conditions on the property or surrounding area,
9.8.1.9 Notices or other correspondence from any government agency relating to past or current violations of environmental laws with respect to the property or relating to environmental liens encumbering the property,
9.8.1.10 Hazardous waste generator notices or reports, and
9.8.1.11 Geotechnical studies.

9.9 Proceedings Involving the Property—Prior to the site visit, the property owner, key site manager (if any is identified), and user (if different from the property owner) shall be asked whether they know of: ( 1) any pending, threatened, or past litigation relevant to hazardous substances or petroleum products in, on, or from the property; (2) any pending, threatened, or past administrative proceedings relevant to hazardous substances or petroleum products in, on or from the property; and ( 3) any notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or petroleum products.

ASTM E1527-00 (Phase I Environmental Site Assessment Process)

6.2.3.1. Phase I Environmental Site Assessment—Four Components:
A Phase I Environmental Site Assessment shall have four components, as described as follows:
Interviews with current owners and occupants of the property; see Section 9.

9.1 Interviews with Owners and Occupants:
Objective—The objective of interviews is to obtain information indicating recognized environmental conditions in connection with the property.

9.2 Content
Interviews with owners and occupants consist of questions to be asked in the manner and of persons as described in this section. The content of questions to be asked shall attempt to obtain information about uses and conditions as described in Section 8 [Site Reconnaissance], as well as information described in 9.8 [Questions About Helpful Documents] and 9.9 [Proceedings Involving the Property].

[Note: This section provides more detail regarding: Medium (9.3), Timing (9.4), Who Should Be Interviewed (9.5), Quality of Answers (9.6), Incomplete Answers (9.7), Questions About Helpful Documents (9.8), and Proceedings Involving the Property (9.9)].

ASTM E1528-00 (Transaction Screen Process)

5.1 Process—The transaction screen process consists of asking questions contained within the transaction screen questionnaire of owners and occupants of the property, observing site conditions at the property with direction provided by the transaction screen questionnaire, and, to the extent reasonably ascertainable, conducting limited research regarding certain government records and certain standard historical sources. The questions asked of owners are the same questions as those asked of occupants.

ASTM 2247-02 (Phase I for Forestland or Rural Property)

6.2.3.1 Phase I Environmental Site Assessment - Four Components:
A Phase I Environmental Site Assessment shall have four components, as described as follows: Interviews with current owners and occupants of the property; see Section 9.

9.1 Interviews with Owners and Occupants:
Objective—The objective of interviews is to obtain information indicating recognized environmental conditions in connection with the property.

ASTM E1984 (Standard Guide for Brownfield Redevelopment)

Not applicable.

Guidance for Performing Preliminary Assessments Under CERCLA
EPA/540/G-91/013
September 1991

Additional Data Collection

During the onsite reconnaissance you may have the opportunity to review available facility records and interview site operators or workers. Look for documents that provide information on the types and quantities of waste produced and/or deposited. These may include waste hauling manifests, permits, and internal waste management records. When interviewing site representatives, attempt to gather information concerning past and present disposal practices as well as any past environmental problems. For example, ask if there have ever been any spills at the site, problems with contamination of onsite wells, health problems encountered by workers, or complaints from neighboring residents about odors or other types of environmental impacts. (Page 30)

Generic Brownfields Quality Assurance Project Plan
U.S. EPA Region 2
Revision No. 2
Revision Date: May 2000 Final

Not applicable.

Road Map to Understanding Innovative Technology Options for Brownfields Investigation and Cleanup

Site Assessment

Collect and Assess Information About the Brownfield Site

How Do We Find the Answers? (p. 19)

Activities to be conducted during the initial survey of a site include:

Determine whether contamination is likely through the conduct of an ASTM Phase I environmental site assessment or its equivalent. A records search is performed and the site is visited, but no sampling of soil or groundwater occurs. The effort includes the following activities:

Interview property owners, occupants, and others associated with the site, such as previous employees, residents, and local planners.

Criterion III.

Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property since the property was first developed.

SBLRBRA §223(B)(ii),(iii)(III):

(ii) STANDARDS AND PRACTICE— Not later than 2 years after the date of the enactment of the Brownfields Revitalization and Environmental Restoration Act of 2001, the Administrator shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under clause (i).

(iii) CRITERIA— In promulgating regulations that establish the standards and practices referred to in clause (ii), the Administrator shall include each of the following:

(III) Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property since the property was first developed.

Florida

Not applicable.

Illinois

415 ILCS 5/
415 ILCS 5/5/22.2(j)(6)(v)(I)
415 ILCS 5/5/22.2(j)(6)(v)(II)
415 ILCS 5/5/22.2(j)(6)(v)(VI)

(v) For purposes of this subparagraph (E), the term "Phase I Environmental Audit" means an investigation of real property, conducted by environmental professionals, to discover the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from real property, and whether a release or a substantial threat of a release of a hazardous substance or pesticide has occurred or may occur at, on, to, or from the real property. The investigation shall include a review of at least each of the following sources of information concerning the current and previous ownership and use of the real property:
(I) Recorded chain of title documents regarding the real property, including all deeds, easements, leases, restrictions, and covenants for a period of 50 years.
(II) Aerial photographs that may reflect prior uses of the real property and that are reasonably obtainable through State, federal, or local government agencies or bodies.
(VI) A review of business records for activities at or on the real property for a period of 50 years.

Massachusetts

General Laws of Massachusetts

Chapter 21A, Section 19: "A successor hazardous waste cleanup professional may render a waste site cleanup activity opinion regarding response actions performed under a previous hazardous waste site cleanup professional, and that opinion may be relied upon as sufficient to protect public health, safety, welfare, or the environment, only when the successor hazardous waste site cleanup professional has: (a) reviewed all reasonably available documentation known to the successor hazardous waste site cleanup professional that describes previous releases, site assessment activities and results, and work performed in connection with the assessment, containment or removal action that is the subject of the opinion; (b) conducted a site visit to observe current conditions and to verify the completion of as much work as is reasonably observable; and (c) concluded, in the exercise of his independent professional judgment, that he has sufficient information upon which to render the waste site cleanup activity opinion." (Italics added.)

Chapter 21, Section 3A(b): "By January fifteenth, nineteen hundred and eighty-seven, the department shall publish a list of all disposal sites confirmed by the department to that date, and a list of locations to be investigated as possible disposal sites. . . . Effective after January fifteenth, nineteen hundred and ninety-three, the department shall maintain, and shall publish on at least an annual basis, a list of all sites confirmed by the department to the date of publication, and a list of other sites as provided in this section. Such lists shall state the response action status of each location confirmed as a disposal site or as a site. . . . Except as otherwise allowed by this section, the department shall include on the list of locations to be investigated as possible disposal sites each location which, based upon the uses of the property, the conditions reported, or other information the department has, is reasonably likely to be a disposal site." (Italics added.)

Michigan

Natural Resources and Environmental Protection Act

(2) The owner of real property for which a notice required in subsection (1) has been recorded may, upon completion of all response activities for the facility as approved by the department, record with the register of deeds for the appropriate county a certification that all response activity required in an approved remedial action plan has been completed.

(3) A person shall not transfer an interest in real property unless the person fully discloses any land or resource use restrictions that apply to that real property as a part of remedial action that has been or is being implemented in compliance with section 20120a." (Italics added.)

Act 451, Section 324.20120b: Sec. 20120b. "(1) If a remedial action plan is selected or approved by the department based on criteria for the residential category provided for in section 20120a(1)(a), land use restrictions or monitoring are not required once those standards have been achieved by the remedial action.

(2) If a remedial action plan is selected or approved by the department based on criteria in categories provided for in section 20120a(1)(b) to (e), a notice of approved environmental remediation shall be recorded with the register of deeds for the county in which the facility is located within 21 days after selection or approval by the department of the remedial action, or within 21 days after completion of construction of the remedial action as appropriate to the circumstances. A notice shall be filed pursuant to this section only by the property owner or by another person who has the express written permission of the property owner. The form and content of the notice are subject to approval by the state. Any restrictions contained in the notice shall be binding on the owner's successors, assigns, and lessees, and shall run with the land. A notice of environmental remediation recorded pursuant to this subsection shall state which of the categories of land use specified in section 20120a(1)(b) to (d) are consistent with the environmental conditions at the property to which the notice applies, and that a change from that land use or uses may necessitate further evaluation of potential risks to the public health, safety, or welfare, or the environment. The notice of approved environmental remediation shall include a survey and property description that define the areas addressed by the remedial action plan if land use or resource use restrictions apply to less than the entire parcel or if different restrictions apply to different areas of a parcel, and the scope of any land use or resource use limitations. Additional requirements for financial assurance, monitoring, or operation, and maintenance do not apply if a remedial action complies with criteria provided for in section 20120a(1)(b) to (e), unless monitoring or operation and maintenance are required to assure the compliance with criteria that apply outside the boundary of the property that is the source of the release.

(3) If a remedial action plan is selected or approved by the department based on criteria provided for in section 20120a(1)(f) to (j) or (2), provisions concerning subdivisions (a) through (e) shall be stipulated in a legally enforceable agreement with the department. If the department concurs with an analysis provided in a remedial action plan that 1 or more of the requirements specified in subdivisions (b) to (e) is not necessary to protect the public health, safety, or welfare, or the environment and to assure the effectiveness and integrity of the remedial action, that element may be omitted from the agreement. If provisions for any of the following, determined by the department to be applicable for a facility, lapse or are not complied with as provided in the agreement or remedial action plan, the department's approval of the remedial action plan is void from the time of the lapse or violation, unless the lapse or violation is corrected to the satisfaction of the department:
(a) Land use or resource use restrictions.
(b) Monitoring.
(c) Operation and maintenance.
(d) Permanent markers to describe restricted areas of the site and the nature of any restrictions.
(e) Financial assurance, in a mechanism acceptable to the department to pay for monitoring, operation and maintenance, oversight, and other costs determined by the department to be necessary to assure the effectiveness and integrity of the remedial action.

(4) If a remedial action plan relies in whole or in part on cleanup criteria approved pursuant to section 20120a(1)(f) to (j) or (2), land use or resource use restrictions to assure the effectiveness and integrity of any containment, exposure barrier, or other land use or resource use restrictions necessary to assure the effectiveness and integrity of the remedy shall be described in a restrictive covenant. The restrictive covenant shall be recorded with the register of deeds for the county in which the property is located within 21 days of the department's selection or approval of the remedial action plan, or within 21 days of the completion of construction of the containment or barrier, as appropriate to the circumstances. The restrictive covenant shall be filed by the property owner or with the express written permission of the property owner. The restrictions shall run with the land and be binding on the owner's successors, assigns, and lessees. Such restrictions shall apply until the department determines that hazardous substances that are controlled by the barrier or contained no longer present an unacceptable risk to the public health, safety, or welfare, or the environment as defined by the cleanup criteria and exposure control requirements set forth in the remedial action plan. The restrictive covenant shall include a survey and property description that define the areas addressed by the remedial action plan and the scope of any land use or resource use limitations. The form and content of the restrictive covenant are subject to approval by the department and shall include provisions to accomplish all of the following:
(a) Restrict activities at the facility that may interfere with a remedial action, operation and maintenance, monitoring, or other measures necessary to assure the effectiveness and integrity of the remedial action.
(b) Restrict activities that may result in exposures above levels established in the remedial action plan.
(c) Require notice to the department of the owner's intent to convey any interest in the facility 14 days prior to consummating the conveyance. A conveyance of title, an easement, or other interest in the property shall not be consummated by the property owner without adequate and complete provision for compliance with the terms and conditions of the agreement described in subsection (3) and the prevention of releases and exposures described in subdivision (b).
(d) Grant to the department the right to enter the property at reasonable times for the purpose of determining and monitoring compliance with the remedial action plan, including the right to take samples, inspect the operation of the remedial action measures, and inspect records.
(e) Allow the state to enforce the restriction set forth in the covenant by legal action in a court of appropriate jurisdiction.
(f) Describe generally the uses of the property that are consistent with the categorical criteria and limitations approved as part of a remedial action plan.

(5) If the department determines that exposure to hazardous substances may be reliably restricted by an institutional control in lieu of a restrictive covenant, and that imposition of land use or resource use restrictions through restrictive covenants is impractical, the department may approve of a remedial action plan under section 20120a(1)(f) to (j) or (2) that relies on such institutional control. Mechanisms that may be considered under this subsection include, but are not limited to, an ordinance that prohibits the use of groundwater or an aquifer in a manner and to a degree that protects against unacceptable exposures as defined by the cleanup criteria approved as part of the remedial action plan. An ordinance that serves as an exposure control pursuant to this subsection shall be published and maintained in the same manner as zoning ordinances and shall include a requirement that the local unit of government notify the department at least 30 days prior to adopting a modification to the ordinance, or to the lapsing or revocation of the ordinance.

(6) Selection or approval by the department of a remedial action does not relieve a person who is liable under section 20126 of that person's responsibility to report and provide for response activity to address a subsequent release or threat of release at the facility.

(7) A remedial action shall not be considered approved by the department unless a remedial action plan is submitted to the department and the department approves the plan. Implementation by any person of response activity without department approval does not relieve that person of an obligation to undertake response activity or limit the ability of the department to take action to require response activity necessary to comply with this act by a person who is liable under section 20126.

(8) A person shall not file a notice of approved environmental remediation indicating approval or a determination of the department unless the department has approved of the filing of the notice.

(9) A person who implements a remedial action plan approved by the department pursuant to subsections (2) to (5) shall provide notice of the land use restrictions that are part of the remedial action plan to the zoning authority for the local unit of government in which the facility is located within 30 days of approval of the plan.

(10) The state, with the approval of the state administrative board, may place restrictive covenants related to land or resource use on deeds of state owned property." (Italics added.)

Act 451, Section 324.20120d: "(1) At a facility where state funds will be spent to develop or implement a remedial action plan or where the department determines there is a significant public interest, within 30 days after the completion of a remedial investigation for the facility, the department shall provide the county and the township, city, or village in which the facility is located a notice of the completion of the remedial investigation, a summary of the remedial investigation, and notice of an opportunity for the people in the local unit of government to meet with the department regarding the remedial investigation and any proposed feasibility study for the facility. . . .

(2) The department shall maintain, and periodically publish, a list of remedial action plans submitted for approval that comply with the requirements of R 299.5515 of the Michigan administrative code.

(3) Before approval of a proposed remedial action plan which is to be implemented with money from the fund, or is based on categorical criteria provided for in section 20120a(1)(f) to (j) or (2), or if section 20118(5) or (6) applies, or the department determines that there is significant public interest, the department shall do all of the following:
(a) Publish a notice and brief summary of the proposed remedial action plan.
(b) Provide for public review and comment pertinent to documents relating to the proposed remedial action plan, including, if applicable, the feasibility study that outlines alternative remedial action measures considered.
(c) Provide an opportunity for a public meeting at or near the facility when any of the following occur:
(I) The department determines that there is a significant public interest or that for any other reason a public meeting is appropriate.
(ii) A city, township, or village in which the facility is located, by a majority vote of its governing body, requests a public meeting.
(iii) A local health department with jurisdiction in the area in which the facility is located requests a public meeting.
(d) Provide a document that summarizes the major issues raised by the public and how they are to be addressed by the final approved remedial action plan.

(4) For purposes of this section, publication shall include, at a minimum, publication in a local newspaper or newspaper of general circulation in this state. In addition, the administrative record shall be made available by the department for inspection by members of the public at or near the facility and in Lansing.

(5) The department shall prepare a summary document that explains the reasons for the selection or approval of a remedial action plan. In addition, the department shall compile an administrative record of the decision process that results in the selection of a remedial action plan. The administrative record shall contain all of the following:
(a) Remedial investigation data regarding the facility.
(b) If applicable, a feasibility study and potential remedial actions.
(c) If applicable, a summary document that explains the reasons why a remedial investigation or feasibility study was not conducted.
(d) Applicable comments and information received from the public, if any.
(e) If applicable, a document that summarizes the significant concerns raised by the members of the public and how they are to be addressed.
(f) Other information appropriate to the facility." (Italics added.)

Part 201 Rules

Rule 524: "(a) All land or resource use restriction documents, other than local ordinances, shall be filed with the register of deeds for the county in which the facility is located, and a copy of the land or resource restrictions, with proof of filing, provided to the department and the clerk of the local unit of government in which the facility is located, as a condition of establishing that the response activity is complete. A restrictive covenant, notice of approved environmental remediation, notice of aesthetic impact, or other property-specific institutional control other than a local ordinance is valid as a part of response activity only when filed by the property owner or with the written permission of the property owner."

Rule 607: "(1) The department shall compile an administrative record of the decision process leading to the selection or approval of any remedial action."

Instructions for Preparing and Disclosing Baseline Environmental Assessments and Section 7A Compliance Analysis to the Michigan Department of Environmental Quality and for Requesting Optional Determinations, Michigan Department of Environmental Quality, March 11, 1999

Page 10: "An assessment and conclusions as to the likelihood that other hazardous substances are also present on the subject property. This assessment should be based on a thorough evaluation of all previous uses of the facility with special emphasis on hazardous substance use in commercial and industrial applications. An ASTM #E1527 Phase I Environmental Site Assessment or equivalent alternative assessment method is acceptable. Provide the results of the Phase I and Phase II Environmental Site Assessment or equivalent assessment that relates to the likelihood that other hazardous substances are also present on the subject property."

Page 10: "A demonstration that the hazardous substances specified in D.I. have not already been released at the facility. Explain why it is reasonable to believe that the hazardous substances identified in D.I. have never been present at the property if that is the reason a past release has been ruled out."

New Jersey

NJSA §§58:10-23.11b.

"Preliminary assessment" means the first phase in the process of identifying areas of concern and determining whether contaminants are or were present at a site or have migrated or are migrating from a site, and shall include the initial search for and evaluation of, existing site specific operational and environmental information, both current and historic, to determine if further investigation concerning the documented, alleged, suspected or latent discharge of any
contaminant is required. The evaluation of historic information shall be conducted from 1932 to the present, except that the department may require the search for and evaluation of additional information relating to ownership and use of the site prior to 1932 if such information is available through diligent inquiry of the public records; . . . .

NJAC 7:26E ("Technical Rule")

7:26E-3.1 Preliminary assessments
(c) A preliminary assessment shall be based on diligent inquiry and include an evaluation of the following:

1. Historical information concerning the site history shall be part of the preliminary assessment unless the remediation is directed at either a specific discharge event (rather than a particular area of concern) or any underground tank or underground tank system. The site history shall include an evaluation of the following to the extent available from diligent inquiry:

i. Site history information from sources including, but not limited to, the following:
(1) Sanborn Fire Insurance Maps;
(2) MacRae's Industrial Directory;
(3) Title and Deed;
(4) Site plans and facility as-built drawings;
(5) Federal, State, county and local government files; and
(6) The Department Geographic Information System;

ii. The site history from the time the site was naturally vegetated, including without limitation:
(1) Names of all owners and operators;
(2) Dates of ownership of each owner;
(3) Dates of operation of each operator; and
(4) Brief descriptions of the past industrial/commercial usage of the site by each owner and operator;

iii. All raw materials, finished products, formulations and hazardous substances, hazardous wastes, and pollutants which are or were present on the site, including intermediates and by-products;

iv. Present and past production processes, including dates, and their respective water use and shall be identified and evaluated, including ultimate and potential discharge and disposal points and how and where materials are or were received onsite (for example, rail, truck);

v. All former and current containers, container or bulk storage areas, above and below ground tanks, above and below ground waste and product delivery lines, surface impoundments, landfills, septic systems and other structures, vessels, conveyances or units that contain or previously contained hazardous substances, hazardous waste, and pollutants, including:

(1) Type;
(2) Age;
(3) Dimension of each container;
(4) Location;
(5) Chemical content;

(6) Integrity (for example, tank test reports);
(7) Volume;
(8) Construction materials; and
(9) Inventory control records unless a Department-approved leak detection system pursuant to N.J.A.C. 7:1E or 7:14B has always been in place and there is no discharge history;

vi. If the site area exceeds two acres, an interpretation of the aerial photographical history of the site, based on available current and historical color, black and white and infrared aerial photographs (scale 1:18,000 or less) of the site and surrounding area at a frequency which provides the evaluator with a historical perspective of site activities. The photographic history shall date back to 1932 or to the earliest photograph available. Aerial photographic coverage is available for review at the New Jersey Department of Environmental Protection and Energy, Tidelands Management Program, Aerial Photo Library, 9 Ewing Street, Trenton, New Jersey;

vii. Any data or information concerning known discharges that have occurred on the site;

viii. Remediation activities previously conducted or currently underway at the site including dates of previous discharges, remedial actions, and all existing sampling data concerning contaminants at the site. If a government agency was involved, the name of the lead government agency, case identification number, and current case status;

ix. All remedies previously approved by the Department in a remedial action workplan or equivalent document to determine if the remedy remains protective of public health, safety and the environment;

x. All existing environmental sampling data concerning contaminants at the site;

xi. Any known changes in site conditions or new information developed since completion of previous sampling or remediation;

xii. All Federal, State and local environmental permits including permits for all previous and current owners or operators, applied for or received, or both, for the site including:

(1) The name and address of permitting agency;
(2) The reason for the permit;
(3) The permit identification number;
(4) The application date;
(5) The date of approval, denial, or status of application;
(6) The name and current address of all permittees;
(7) The reason for denial, revocation or suspension if applicable; and
(8) The permit expiration date;

xiii. All administrative, civil and criminal enforcement actions for alleged violations of environmental laws concerning the site, including:

(1) The name and address of agency that initiated the enforcement action;
(2) Date of the enforcement action;
(3) The section of statute, rule or permit allegedly violated;
(4) The type of enforcement action;
(5) A description of alleged violations;
(6) The resolution or status of violation and enforcement action; and
(7) A description of any potential environmental impact which may have resulted from the alleged violation; and

xiv. All areas where non-indigenous fill materials were used to replace soil or raise the topographic elevation of the site, including the dates of remplacement.

2. The person conducting the preliminary assessment shall conduct a site visit to verify the findings in (c)1 above.

Pennsylvania

Not applicable.

ASTM E1527-97 (Phase I Environmental Site Assessment Process)

7.3 Historical Use Information:
7.3.1 Objective—The objective of consulting historical sources is to develop a history of the previous uses of the property and surrounding area, in order to help identify the likelihood of past uses having led to recognized environmental conditions in connection with the property.

7.3.2 Uses of the Property—All obvious uses of the property shall be identified from the present, back to the property's obvious first developed use, or back to 1940, whichever is earlier. This task requires reviewing only as many of the standard historical sources in 7.3.4.1-7.3.4.8 as are necessary and both reasonably ascertainable and likely to be useful (as defined under Data Failure in 7.3.2.3). For example, if the property was developed in the 1700's, it might be feasible to identify uses back to the early 1900's, using sources such as fire insurance maps or USGS 7.5 minute topographic maps (or equivalent). Although other sources such as recorded land title records might go back to the 1700's, it would not be required to review them unless they were both reasonably ascertainable and likely to be useful. As another example, if the property was reportedly not developed until 1960, it would still be necessary to confirm that it was undeveloped back to 1940. Such confirmation may come from one or more of the standard historical sources specified in 7.3.4.1-7.3.4.8, or it may come from other historical sources (such as someone with personal knowledge of the property; see 7.3.4.9). However, checking other historical sources (see 7.3.4.9) would not be required. For purposes of 7.3.2, the term "developed use" includes agricultural uses and placement of fill. The report shall describe all identified uses, justify the earliest date identified (for example, records showed no development of the property prior to the specific date), and explain the reason for any gaps in the history of use (for example, data failure).

7.3.2.1 Intervals—Review of standard historical sources at less than approximately five year intervals is not required by this practice (for example, if the property had one use in 1950 and another use in 1955, it is not required to check for a third use in the intervening period). If the specific use of the property appears unchanged over a period longer than five years, then it is not required by this practice to research the use during that period (for example, if fire insurance maps show the same apartment building in 1940 and 1960, then the period in between need not be researched).

7.3.2.2 General Type of Use—In identifying previous uses, more specific information about uses is more helpful than less specific information, but it is sufficient, for purposes of 7.3.2, to identify the general type of use (for example: office, retail, and residential) unless it is obvious from the source(s) consulted that the use may be more specifically identified. However, if the general type of use is industrial or manufacturing (for example, zoning/land use records show industrial zoning), then additional standard historical sources should be reviewed if they are likely to identify a more specific use and are reasonably ascertainable, subject to the constraints of data failure (see 7.3.2.3).

7.3.2.3 Data Failure—A standard historical source may be excluded (1) if the source is not reasonably ascertainable, or (2) if past experience indicates that the source is not likely to be sufficiently useful, accurate, or complete in terms of satisfying 7.3.2. Other historical sources specified in 7.3.4.9 may be used to satisfy 7.3.2, 7.3.2.1, and 7.3.2.2, but are not required to comply with this practice. Whatever history of previous uses is derived from checking the standard historical sources specified in 7.3.4.1-7.3.4.8 (except those excluded by (1) and (2) of 7.3.2.3) shall be deemed sufficient historical use information to comply with this practice.

ASTM 1527-00 (Phase I Environmental Site Assessment Process)

7.3.1. Historical Use Information: Objective—The objective of consulting historical sources is to develop a history of the previous uses of the property and surrounding area, in order to help identify the likelihood of past uses having led to recognized environmental conditions in connection with the property.

[Note: This section provides more detail regarding: Uses of the Property (7.3.2), Uses of Properties in Surrounding Area (7.3.3), Standard Historical Sources (7.3.4) Aerial Photographs (7.3.4.1), Fire Insurance Maps (7.3.4.2), Property Tax Files (7.3.4.3), Recorded Land Title Records (7.3.4.4), USGS 7.5 Minute Topographic Maps (7.3.4.5), Local Street Directories (7.3.4.6), Building Department Records (7.3.4.7), Zoning/Land Use Records (7.3.4.8), Other Historical Records (7.3.4.9), and Prior Assessment Usage (7.4)]

ASTM E1528-00 (Transaction Screen Process)

5.1 Process—The transaction screen process consists of asking questions contained within the transaction screen questionnaire of owners and occupants of the property, observing site conditions at the property with direction provided by the transaction screen questionnaire, and, to the extent reasonably ascertainable, conducting limited research regarding certain government records and certain standard historical sources. The questions asked of owners are the same questions as those asked of occupants.

10. Guide to Government Records/Historical Sources Inquiry
10.1 Do any of the following federal government record systems list the property or any property within the search distance noted below:

National Priorities List—within 1.0 mile (1.6 Km)? ___Yes ___No

CERCLIS List—within 0.5 mile (0.8 Km)? ___Yes ___No

RCRA CORRACTS Facilities—within 1.0 mile (1.6 Km)? ___Yes ___No

RCRA non-CORRACTS TSD Facilities—within 0.5 mile (0.8 Km)?
___Yes ___No

10.1.1 Guide:
10.1.1.1 The NPL or National Priorities List is a list compiled by EPA pursuant to CERCLA 42 USC § 9605(a)(8)(B) of properties with the highest priority for cleanup pursuant to EPA's Hazard Ranking System. See 40 CFR Part 300.

10.1.1.2 The Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS) is the list of sites compiled by EPA that EPA has investigated or is currently investigating for potential hazardous substance contamination for possible inclusion on the national Priorities List.

10.1.1.3 RCRA CORRACTS Facilities are those facilities which treat, store and/or dispose of hazardous wastes on-site and at which corrective remedial action is underway, as defined and regulated by RCRA. The RCRA non-CORRACTS TSD Facilities List are those facilities on which treatment, storage, and/or disposal of hazardous wastes takes place and at which corrective remedial action has not been required by EPA, as defined and regulated by RCRA.

10.1.1.4 If the preparer elects to obtain the records directly from government agencies, those records typically must be obtained through a formal written request to the office within each agency that is responsible for maintaining the records or for responding to public requests for records. At the federal level, these requests are governed by the Freedom of Information Act (FOIA). FOIA requires a written request and the request should identify the records the preparer requires and should identify the site and geographic area for which the preparer needs the records (for example, the address of the site and the appropriate city, county, or zip code to be searched).

The request should be directed to the FOIA officer for the regional EPA office responsible for the region in which the site is located. A list of the FOIA offices for each of the EPA regions may be obtained from the federal government or local library. From the federal EPA offices, the preparer should anticipate a response no sooner than four to eight weeks.

10.1.1.5 If government information is obtained from a commercial service, the firm should provide ensurances that its records stay current with the government agency record sources. Government information obtained from commercial sources may be considered current if the source updates the information at least every 90 days, or for information that is updated less frequently than quarterly by the government agency, within 90 days of the date the government agency makes the updated information available to the public.

10.1.1.6 The information supplied in response to this question in a prior environmental site assessment may be used provided it is updated to the present time.

10.2 Do any of the following state record systems list the property or any property within the search distance noted below:

List maintained by state environmental agency of hazardous waste sites identified for investigation or remediation that is the state agency equivalent to NPL—within 1.0 mile (1.6 Km)? ___Yes ___No

List maintained by state environmental agency of sites identified for investigation or remediation that is the state equivalent to CERCLIS—within 0.5 mile (0.8 Km)? ___Yes ___No

Leaking Underground Storage Tank (LUST) List—within 0.5 mile (0.8 Km)? ___Yes ___No

Solid Waste/Landfill Facilities—within 0.5 mile (0.8 Km)? ___Yes ___No

10.2.1 Guide:
10.2.1.1 The LUST list is a list of sites containing one or more underground storage tanks that have been identified as having leaked or are potentially leaking their contents into the ground or ground water; these sites may be involved in a state cleanup program.

10.2.1.2 The solid waste/landfill facilities list is a list of sites that currently accept, or have accepted in the past, waste of any kind for disposal on site. Solid waste/landfill facilities lists
typically are obtained through a state office of solid waste management that is often a division of the primary state environmental agency.

10.2.1.3 Although many states do not have specific Freedom of Information laws, if the preparer elects to obtain the records directly from government agencies, a similar written request for state records should be made to the primary state agency responsible for environmental regulation in that state. Typically, the office responsible for maintaining the records and for responding to requests for records are the same. Once again, the written request should identify the specific records requested and identify the site and geographic area for which the preparer needs the records. The state agency response will vary from state to state and agency to agency, but the preparer should anticipate a minimum of four weeks for a response.

10.2.1.4 In some cases, the request should be directed to a specific state office. For example, leaking underground storage tank requests should be made through either the state agency's
ground water management division, the state Fire Marshall's office, or the state Emergency Planning and Management Agency.

10.2.1.5 The identity of the state office to which the request should be made can be obtained by contacting the primary state environmental agency. Also, there are publications listing agency sources for each state. The local public library may contain these publications.

10.3 Based upon a review of fire insurance maps or consultation with the local fire department serving the property all as specified in the guide, are any buildings or other improvements on the property or on an adjoining property identified as having been used for an industrial use or uses likely to lead to contamination of the property? ___Yes ___No ___Not Applicable

10.3.1 Guide:
10.3.1.1 The focus of this research is to determine whether any past use of the property would suggest the presence of contamination associated with the property. If reasonably ascertainable, one of two sources of data should be examined in the following order of preference: fire insurance maps showing the property or the local fire department serving the property. However, if the user has first-hand knowledge of the use of the property from the present back to 1940 or if the preparer interviewed disinterested people with such knowledge, then the preparer may eliminate this research and answer "not applicable" to the questions above. In addition, the preparer may eliminate this research and answer "not applicable" to the question if the preparer is unable to find appropriate sources of fire insurance maps or individuals at the local fire department for the property with knowledge of the property's past use, after making a reasonable effort in good faith to locate such information or if the information is otherwise not reasonably ascertainable.

10.3.1.2 Subject to the previous paragraph, the preparer should obtain fire insurance maps from the period(s) not covered by the first-hand knowledge of the user or of those interviewed, beginning with when the maps are first available for the area or when the area was first thought to be developed. At least two maps should be ordered at points in time separated by at least ten years.

10.3.1.3 Fire insurance maps are defined in 3.2.14 and may be available for review from public libraries, colleges, and local historical societies, or from commercial services.

10.3.1.4 In examining a fire insurance map, the user is only required to review those areas shown in the given source. For example, if the property is at the edge of a map sheet, the user need not order the adjoining sheet. If a source covers a large area, the user need only review the area within approximately 1/8 mile (200 m) of the property.

10.3.1.5 Fire insurance maps reviewed as part of a prior environmental site assessment do not need to be searched for or reviewed again, but the preparer should make a reasonable effort to determine the uses of the property since the last use identified in a prior environmental site assessment.

ASTM 2247-02 (Phase I for Forestland or Rural Property)

Recorded Land Title Records—The term recorded land title records means records of fee ownership, leases, land contracts, easements, liens, and other encumbrances on or of the property recorded in the place where land title records are, by law or custom, recorded for the local jurisdiction in which the property is located. (Often such records are kept by a municipal or county recorder or clerk.) The user should provide these records when they are in its possession and are reasonably ascertainable. s. 5.2.2.

"Tract Maps—The user shall provide individual tract maps for the subject property, at the environmental professional's request, if these maps are reasonably ascertainable. These maps can provide vegetation stock and stand type information, internal woods roads designation, SMZs, huntcamps, and other additional information which, when used in combination with other sources, should be of use to the environmental professional". s. 5.5

"Historical Use Information: Objective— The objective of consulting historical sources is to develop a history of the previous uses of the property and surrounding area, in order to help identify the likelihood of past uses having led to recognized environmental conditions in connection with the property". S. 7.3.1.[ Note: This section provides more detail regarding : Uses of the Property (7.3.2), Uses of Properties in Surrounding Area (7.3.3), Standard Historical Sources (7.3.4), and Prior Assessment Usage (7.4)]

ASTM E1984 (Standard Guide for Brownfield Redevelopment)

7.3.1 Property Assessment—The primary objective of the property assessment is to collect information necessary to identify and determine the completeness of both human and ecological exposure pathways and to determine the likely distribution of a chemical(s) of concern. The collection of these data is necessary to make a determination of the potential environmental condition of the property. Normally, the property assessment is composed of two activities, a nonintrusive evaluation and an intrusive evaluation. The community may be an important resource and should be consulted for information for determining historical use and potential exposure pathways. Information available from the community include archives at local historical societies and long-term residents in the project area. Community groups may also be the designated enforcement entity for any activity and use limitations filed on the subject property. Changes in current land use may require modifications to existing AULs.

7.3.2 Nonintrusive Evaluation—A nonintrusive evaluation of the historical and current uses of the property and area surrounding the property is conducted to identify source areas (that is, areas where chemical(s) of concern is likely to be present) and potential receptors that may come in contact with a release from the property. Practices E 1527 and E 1528 are examples of non-intrusive evaluations. Investigating past health concerns on or near the property might be considered a part of the nonintrusive evaluation. The evaluation may include:

7.3.2.1 Defining the area that will be investigated,
7.3.2.2 Identifying current and reasonable potential future receptors, fate and transport mechanisms, exposure routes, and point(s) of exposure,
7.3.2.3 Identifying potential sources, including a review of the property or property history to determine areas that may require investigation,
7.3.2.4 Identifying chemical(s) of concern,
7.3.2.5 Identifying potential source area(s),
7.3.2.6 Identifying the media to be sampled,
7.3.2.7 Determining current and reasonable potential future land use, and/or
7.3.2.8 Determining current and reasonable potential future ground water use., and/or
7.3.2.9 Examining the potential for infiltration of soil gas into structures. When releases of volatile organic compounds occur near buildings, volatilization of chemicals of concern from the dissolved or pure phases in the subsurface can result in the intrusion of vapor-phase chemicals of concern into indoor air. Modeling may be used to estimate the risk associated with this exposure pathway.

Guidance for Performing Preliminary Assessments Under CERCLA
EPA/540/G-91/013
September 1991

2.2.4 Sites with No Hazardous Substances

Occasionally your review of available file information will yield no evidence or indication that hazardous substances, pollutants, or contaminants were ever handled or disposed at the site. These types of sites pose no CERCLA threat to human health or the environment because they have not released, nor can they release, hazardous substances to the environment.

You must be certain that CERCLA hazardous substances are not now, or have never been, at the site before "no further action" could be recommended on this basis. Many sites have extremely limited information concerning waster sources. Simple lack of information cannot be interpreted to indicate that no hazardous waste is present or has ever been deposited at the site. Such a determination must be supported by convincing evidence, like documentation of a complete removal of all hazardous substances. In addition, you should perform a reconnaissance of the site (Section 2.5) to visually verify the lack of hazardous waste sources.

2.3 File Searches

For many sites, a great deal of information may be available from records of State and/or local investigations, Federal and State permit applications, and Federal hazardous waste notification. These can yield information concerning site operations, waste types and quantities, regulatory history, past environmental violations, and citizen complaints. A good deal of this type of information can be obtained by reviewing Regional EPA files and State environmental agency files. Additional information concerning the site area may be obtained by reviewing in-house files for nearby sites that your office has previously investigated.

Before initiating a file search, you should be familiar with the checklist of PA information needs (Figure 2-1), particularly the general site information and source description sections. Also be familiar with the criteria lists in the PA scoresheets (Appendix A) and be aware of the types of questions you need to answer to evaluate the threat of a release from the site and potential impacts on human and environmental targets (Section 3).

2.3.1 Types of Information

Information gathered through file searches can be useful in developing professional judgement hypotheses concerning the release of hazardous substances from the site and the exposure of targets to released substances. Collect as much information concerning waste handling practices as possible. This includes information on waste containment and general housekeeping practices.

Documents of particular interest during the file search include site sketches, inspection reports, aerial photographs, permit applications, hazardous waste handling notification forms (RCRA notification forms and CERCLA 103(c) notification forms, filed by facilities to notify EPA of hazardous substances they handled), waste hauling manifests, analytical sampling results, records of citizen complaints, records of violations, and court orders.

Site sketches, maps, and aerial photographs can help identify source types and locations. Permit applications, waste hauling manifests, and Federal hazardous waste notification forms can supply data on the specific types and quantities of waste generated and/or disposed. Previous inspections can provide information on source types, past environmental impacts, and targets. Analytical results of monitoring or inspection activities can provide valuable data concerning the types of hazardous substances found at the site and possible releases. Additionally, citizen complaint reports and court orders may also provide information indicating hazardous substances have been released from the site.

While conducting file searches, always try to obtain copies of source documents. For example, an analytical sampling report prepared by the local board of health after an inspection is better than a letter report prepared at a later date that references the inspection but does not include the actual analytical data. Remember that the PA is the initial step in the site assessment process. Should the site move beyond the PA, data sources used during the PA may carry on to the Sl and could eventually be used to support placement on the NPL.

2.3.2 EPA Regional Files

Generally, the first files you will access are at Regional EPA offices. In some Regions, the EPA site assessment contact will give you the files when you receive the PA assignment, in other Regions, you may need to coordinate with the contact to gain access to all the necessary files. The PA is the first step in the Superfund site assessment process and, for most sites, you will be initiating the Superfund file for the site. However, you may be assigned a PA on a site that may have been the subject of some Federal action such as a removal, regulatory inspection, or permit application. In these instances, Regional files may contain information that will be useful for completing the PA.

First access Regional site assessment files. These may contain useful documents such as CERCLA 103(c) notification forms, PA petitions, or reports on previous site assessment activities at the site. These documents will likely have information concerning the types of wastes disposed, general site operations, and alleged environmental impacts, possibly including information from State activities.

Next access other Regional Superfund files. For example, the site may have had a Superfund removal action (fencing the site, physical removal of hazardous wastes, closing of wells, supplying alternative drinking water, or other emergency measures). Removal program files may provide useful information concerning waste sources, types and quantities of wastes, and past environmental impacts. Coordinate with your Regional EPA site assessment contact to determine if other Superfund offices have information concerning the site being evaluated and to access those files.

You also need to research EPA offices outside the Superfund program, such as RCRA and the National Pollutant Discharge Elimination System (NPDES) program. They may have permit applications and monitoring results with information on specific waste types and quantities, sources, type of site operations, and operating status. Coordinate with your EPA site assessment contact to access and review files from other Regional programs.

2.3.3 State Environmental Agency Files

Historical files of State environmental agencies may provide information about the site, as many sites investigated under Superfund were originally discovered by or identified to a State agency. For State environmental agency personnel conducting PAs, files should be readily available. For others, the process of gaining access to State agency files varies. In some States, you can request file information over the phone and have it sent to your office. Most States, however, require prior arrangements to visit the appropriate State agency offices to review and make copies of the desired file information.

The "Site Assessment Information Directory" (available from EPA) contains the names, locations, and telephone numbers of State agencies that can provide data and information necessary for the PA investigation. For file search purposes, the principal environmental agency for the State is the best candidate. However, a single division or department within that agency is unlikely to have all of the available information for a site. For example, the State Department of Environmental Protection, as the principal environmental agency, may have a Superfund or solid waste division that has information about the site, and may also have separate RCRA and water resources divisions that have additional information.

As with Federal files, State files may contain information derived from permit applications, previous investigations of the site, or from reported environmental impacts. While reviewing State files, gather information concerning the site's operating history, specifically regarding waste types, quantities, and sources; type of site operations; ownership history; and historical waste handling and disposal practices.

2.3.4 In-House Files

Although in-house files generally will not provide information specific to the site, they too can be useful sources of information. Research the possibility that other sites in the vicinity have been investigated by your office. In-house files for such sites can provide data on local geology, hydrology, and other site environs information. In addition, valuable targets information can be obtained, such as the locations of public drinking water supply wells or surface water intakes and th

All Appropriate Inquiries Criteria Analysis/Comparison to State, Federal, and Commercial Assessment Approaches

All Appropriate Inquiry Criteria Analysis/Comparison to State, Federal, and Commercial Assessment Approaches

State, ASTM, and Federal Information Sources

Criterion I.

The results of an inquiry by an environmental professional.

Small Business Liability Relief and Brownfields Revitalization Act (SBLRBRA) §223(B)(ii),(iii)(I):

Florida

Illinois

Illinois Environmental Protection Act 415 ILCS 5/

Massachusetts

General Laws of Massachusetts

Michigan

Natural Resources and Environmental Protection Act

Instructions for Preparing and Disclosing Baseline Environmental Assessments and Section 7A Compliance Analysis to the Michigan Department of Environmental Quality and for Requesting Optional Determinations, Michigan Department of Environmental Quality, March 11, 1999

New Jersey

NJSA §§58:10-23.11b, .11f & .11g; NJAC 7:26E ("Technical Rule")

Pennsylvania

ASTM E1527-97 (Phase I Environmental Site Assessment Process)

ASTM E1527-00 (Phase I Environmental Site Assessment Process)

ASTM E1528-00 (Transaction Screen Process)

ASTM 2247-02 (Phase I Site Assessment for Forestland or Rural Property)

ASTM E1984 (Standard Guide for Brownfield Redevelopment)

Guidance for Performing Preliminary Assessments Under CERCLA EPA/540/G-91/013 September 1991

Generic Brownfields Quality Assurance Project Plan U.S. EPA Region 2 Revision No. 2 Revision Date: May 2000 Final

Road Map to Understanding Innovative Technology Options for Brownfields Investigation and Cleanup (p. 9-10)

Seeking and Procuring External Professional Support

Criterion II.

Interviews with past and present owners, operators, and occupants of the facility for the purpose of gathering information regarding the potential for contamination at the facility.

SBLRBRA §223(B)(ii),(iii)(II)

Florida

Illinois

Illinois Environmental Protection Act 415 ILCS 5/

Massachusetts

Michigan

Natural Resources and Environmental Protection Act

Part 201 Rules

New Jersey

NJSA §§58:10-23.11b, .11f & .11g; NJAC 7:26E ("Technical Rule")

Pennsylvania

ASTM E1527-97 (Phase I Environmental Site Assessment Process)

ASTM E1527-00 (Phase I Environmental Site Assessment Process)

ASTM E1528-00 (Transaction Screen Process)

ASTM 2247-02 (Phase I for Forestland or Rural Property)

ASTM E1984 (Standard Guide for Brownfield Redevelopment)

Guidance for Performing Preliminary Assessments Under CERCLA EPA/540/G-91/013 September 1991

Generic Brownfields Quality Assurance Project Plan U.S. EPA Region 2 Revision No. 2 Revision Date: May 2000 Final

Road Map to Understanding Innovative Technology Options for Brownfields Investigation and Cleanup

Site Assessment

Collect and Assess Information About the Brownfield Site

Criterion III.

Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property since the property was first developed.

SBLRBRA §223(B)(ii),(iii)(III):

Florida

Illinois

415 ILCS 5/ 415 ILCS 5/5/22.2(j)(6)(v)(I) 415 ILCS 5/5/22.2(j)(6)(v)(II) 415 ILCS 5/5/22.2(j)(6)(v)(VI)

Massachusetts

General Laws of Massachusetts

Michigan

Natural Resources and Environmental Protection Act

Part 201 Rules

Instructions for Preparing and Disclosing Baseline Environmental Assessments and Section 7A Compliance Analysis to the Michigan Department of Environmental Quality and for Requesting Optional Determinations, Michigan Department of Environmental Quality, March 11, 1999

New Jersey

NJSA §§58:10-23.11b.

NJAC 7:26E ("Technical Rule")

Pennsylvania

ASTM E1527-97 (Phase I Environmental Site Assessment Process)

ASTM 1527-00 (Phase I Environmental Site Assessment Process)

ASTM E1528-00 (Transaction Screen Process)

ASTM 2247-02 (Phase I for Forestland or Rural Property)

ASTM E1984 (Standard Guide for Brownfield Redevelopment)

Guidance for Performing Preliminary Assessments Under CERCLA EPA/540/G-91/013 September 1991

2.2.4 Sites with No Hazardous Substances

2.3 File Searches

2.3.1 Types of Information

2.3.2 EPA Regional Files

2.3.3 State Environmental Agency Files

2.3.4 In-House Files

Illinois Environmental Protection Act
415 ILCS 5/

Guidance for Performing Preliminary Assessments Under CERCLA
EPA/540/G-91/013
September 1991

Generic Brownfields Quality Assurance Project Plan
U.S. EPA Region 2
Revision No. 2
Revision Date: May 2000 Final

Illinois Environmental Protection Act
415 ILCS 5/

Guidance for Performing Preliminary Assessments Under CERCLA
EPA/540/G-91/013
September 1991

Generic Brownfields Quality Assurance Project Plan
U.S. EPA Region 2
Revision No. 2
Revision Date: May 2000 Final

415 ILCS 5/
415 ILCS 5/5/22.2(j)(6)(v)(I)
415 ILCS 5/5/22.2(j)(6)(v)(II)
415 ILCS 5/5/22.2(j)(6)(v)(VI)

Guidance for Performing Preliminary Assessments Under CERCLA
EPA/540/G-91/013
September 1991