Phase I Environmental Site Assessments (ESAs) are facing many new challenges due to the Covid-19 outbreak. Environmental engineering firms are considered support for essential business services, such as banks and grocery stores, which allows RGI’s environmental professionals to conduct the necessary fieldwork required for these assessments. However, in some cases, we may not be able to fulfill the requirements of a site assessment as the subject property may be closed, or the people to be interviewed are staying at home (whether because of stay-at-home orders or illness), or the government agencies and offices with relevant property records are not open to the public. Furthermore, RGI’s management is cognizant of the health and safety needs of their employees and won’t put them at unnecessary risk.
The current standard for ESAs is ASTM E 15-27-13, which requires a thorough visit of the Property, and this sometimes can’t be completed. With many businesses being closed by government orders or due to a lack of customers, obtaining access to a site has become much more difficult than in the past. Although the ASTM standard does allow for “data gaps”, performing a site visit is considered such a base requirement of the assessment that typically an ESA can be rendered inadequate for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) purposes if the visit is not completed within 180 days of the transaction closing date.
During this unprecedented time, field personnel need to be mindful of the extra steps that are needed to schedule and complete the site visit. Changes that need to be taken into consideration include scheduling the visit for a time when less people are likely to be at the site, carrying and utilizing the proper PPE (personal-protective equipment), and maintaining adequate distance from others.
Fortunately, RGI has the unique capability to use a drone flown by an in-house FAA-certified drone pilot to capture footage for the site visit requirement! Or we can simply have a person already at the site use a video app (like Zoom) to virtually walk our consultant through the site. These options are available on a case-by-case basis, but clearly, they aren’t as beneficial as having an RGI environmental professional actually visit the site, and even a good faith effort can still lead to important information being missed.
To add to the challenges, most governmental organizations are taking longer to respond to requests for public information. It is unknown how long this will be the case, and it will likely vary based on the location of the entity. The only way a consultant can work to alleviate this issue is to make the requests immediately and discuss with the client whether they would rather wait for the response before issuing the report or have the report issued with the data gaps. If time is not a major factor for the client, it is recommended to wait until all information is in from all government organizations.
In short, Covid-19 has created a new set of obstacles to completing a Phase I ESA, but by planning ahead and working closely with our clients to ensure proper precautions are taken, we can all get through this unusual time successfully. If you would like to learn more or need to speak with one of our experts, please call our office today for assistance.
