Matt Dahlem is a professional geologist and environmental leader with a strong background in engineering and hydrogeology. He has a reputation for providing high-level advice, understanding government environmental regulations and communicating with a wide range of clients. Matt takes an entrepreneurial approach and provides strategic insight to Fehr Graham`s clients and industry leaders. You can reach it at This email address is being protected from spambots. You need JavaScript enabled to view it. 1. To determine whether a recognized environmental condition has been « addressed, to the satisfaction of the appropriate regulatory authority or authorities, hazardous substances or petroleum products that may be retained », the environmental professional reviews reasonably identifiable documents, such as letters of absence of other measures (or similar certifications or permits) issued by the competent regulatory authority or authorities. or, in the case of self-directed measures (where permitted), relevant documentation and data that meet the risk-based criteria established by the relevant regulatory authority. « Discussion – The identification of a controlled recognized environmental state is a multi-step process reflected in the « Findings and Opinions » sections of the report, as described in items 12.5 and 12.6, including the environmentalist`s rationale for concluding that a finding is a controlled recognized environmental condition: E1527-21 clarifies the definition of a recognized environmental condition by explaining when ESAs are assessed against the It is necessary to look for the existence of conditions. The new standard also defines « probable presence » and provides additional guidance on what constitutes a CBR. First, let`s try to tarnish the environmental waters in which you started swimming by telling yourself that there are currently two definitions of « RECs ».
Indeed, EPA recognizes that two different ASTM due diligence standards are sufficient to establish CERCL defenses. Currently, the USEPA authorizes the use of the 2005 and 2013 standards (ASTM E1527-05 and ASTM E1527-13, respectively). In our experience, although both standards are approved by USEPA, many consultants now use the new 2013.2 standard, set by a regulator, without subjecting the property to the necessary controls. An example of a historical REB is a previous publication that has been appropriately addressed and has received « No Further Action (NFA) Unconditional » status from the regulator. Controlled Recognized Environmental Condition (CREC) is a term introduced in ASTM E1527 for Phase I Environmental Site Assessment (SEA). The concept of a controlled REB was introduced to address contaminated sites that have been subject to a risk-based government shutdown, where no further remediation is required, but residual contamination is still present on a site and the property is subject to some sort of control or restriction of use. These locations, where contamination is controlled, but which may still represent current or future obligations for the owner (e.g., special precautions during construction or classification), have caused confusion in the environmental due diligence industry as to how they should be classified. A controlled REB is a recognized ecological status resulting from a previous release of hazardous petroleum substances or products that has been addressed to the satisfaction of the competent regulatory authority, allowing hazardous substances or petroleum products to remain in place subject to the implementation of the necessary controls. An example of a controlled REB is a previous publication that has been granted « No other measures with conditions » status, which requires the implementation of engineering controls or land use restrictions at the site. The correct identification and classification of historical and audited REBs is essential so as not to deter potential buyers.
Sierra`s experienced environmental experts have completed numerous Phase 1 ESAs in several states, giving us a thorough understanding of these environmental regulations. This allows Sierra to effectively provide customers with the ASTM definition of CREC in E1527-21 which reads as follows: « a recognized environmental condition affecting the good in question and that has been addressed to the satisfaction of the competent regulatory authority or authorities with hazardous substances or petroleum products subject to the implementation of necessary controls (e.g., activity and use restrictions or other restrictions on the use of the property) ». 2. To determine whether a recognized environmental condition is « subject to control (e.g., clean use restrictions or activity and use restrictions) », the environmental professional provides documentation containing the clean use or activity restriction and the use restriction addressing the recognized environmental conditions in the findings and opinions sections of the report.