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USA Vacant Land Phase 1 Environmental Assessment

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  • Vacant Land
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  • Land for Development
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  • Golf Course 
  • Conservation Land
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  • Wind Farm Siting

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Thursday, March 23, 2017
report on your desk in 3 weeks or less !

 

We work with owners, buyers, sellers, lenders and attorneys to design and conduct a cost-effective due diligence strategy to achieve your two main goals:

  • Minimize legal, financial and business risk
  • Maximize investor value

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                                                                   Go To  Phase 1 Environmental Assessment for Developed Property

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Phase 1 Environmental Assessment for Land

 

IMPORTANT NOTES:

1.   ASTM E 1527-05 and ASTM E 1527-13 Phase 1 Assessment are NOT VALID forms of assessment for 120 acres or greater of forestland or rural property, or for property with a developed use of only managed forestland and/or agriculture.

2.   On Jan. 3, 2017 ASTM International released an updated version of its Phase I Environmental Site Assessment Standard for assessing rural and forestland properties for potential releases of hazardous substances and petroleum products.

EPA has not yet adopted it by regulation as satisfying AAI so purchasers and proposed tenants are advised to continue to use the 2008 rural property standard or E1527-13 standard in performing Phase I environmental site assessments

"The proper form for environmental assessment of 120 acres or greater of forestland or rural property, or for property with developed use of only managed forestland and/or agriculture is  ASTM E 2247-08 Environmental Site Assessments:  Phase I Environmental Site Assessment for Forestland or Rural Property."  We offer this form and integrate all refinements up to the 2013 standard, which is the current and highest standard for Phase 1 Environmental Assessment in general.

ASTM E 2247-08 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property is the specific form of environmental assessment for property defined as 120 acres or greater of forestland or rural property or with a developed use of only managed forestland and/or agriculture with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and petroleum products.  The property need not be contiguous; however, the non-contiguous areas should be substantially the same general land use and be part of the same transaction.  The property may contain isolated areas of non-forestland and non-rural property.

ASTM E 2247-08 Standard Practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability: that is, the practice constitutes "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined at 42 U.S.C. § 9601(35)(B).

  • Phase I Environmental Site Assessment of Forestland or Rural Property fulfills the requirements of all appropriate inquiry as defined at federal statute 42 U.S.C. §§ 9601(35)(B) to satisfy one one of the requirements to qualify for:
  • federal environmental liability protection i.e. innocent landowner or innocent purchaser 42 U.S.C. §§ 9607(b)(3) and 42 U.S.C. §§ 9601(35) should it ever become necessary.
  • federal environmental liability protection contiguous property owner liability protection 42 U.S.C. § 9607(q) should it ever become necessary and
  • (for brownfields properties) bona fide prospective purchaser for ">bona fide prospective purchaser liability protection 42 U.S.C. § 9607(r) pursuant to the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118 (2002), 42 U.S.C. §§ 9601 et. seq.

In addition to forestland, rural property and agricultural property ASTM E 2247-08 Phase I Standard Practice is also the appropriate form of environmental assessment for country clubs, golf courses, resorts, wind farm sitings, land for development for any purpose and all tracts of land 120 acres or greater.

ASTM E 2247-08 Environmental Site Assessment for Forest Land or Rural Property requires special expertise and both ASTM International standards and federal statute 40 C.F.R. § 312.10 require this type of assessment to be completed only by an environmental professional with previous experience assessing this specific type of property.

USA Due Diligence Services has over 31 years environmental assessment experience including forest land, rural land, golf courses, country clubs resorts and land for development.  We perform E 2247-08 Phase 1 Environmental Site Assessment for Forest Land or Rural Land and all other forms of Phase 1 Environmental Assessment for every type of property and buildings in every U.S. state.

 CLICK NOW FOR FAST, EXPERT SERVICE or call 585.738.5080

USA Due Diligence Services
Over 31 Years of prompt, professional service

Call 585.738.5080

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ASTM Updates Phase I Standard for Assessing Forestland or Rural Property

On Jan. 3, 2017 ASTM International released an updated version of its Phase I environmental site assessment standard for assessing rural and forestland properties for potential releases of hazardous substances and petroleum products. The newly updated Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property E 2247-16 (2016 rural property standard) will replace a version released in 2008 with the number E2247-08 (2008 rural property standard).

The standard has experienced broader use in recent years, with the increase in solar and wind projects on large tracts of rural and farmland property, as it allows for less-rigorous site reconnaissance than do the site visit requirements of the Phase I standard for assessing most smaller commercial and industrial properties (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process E 1527-13, or E1527-13 standard).

Proposed purchasers seeking to establish the defenses of innocent purchaser, bona fide prospective purchaser or contiguous property owner under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) need to comply with the Environmental Protection Agency’s (EPA’s) “All Appropriate Inquiries” standard 40 C.F.R. pt. 312 (AAI) prior to the purchase of the property. While purchasers may follow the AAI criteria set forth in the regulations, most purchasers follow either the E1527-13 standard or the 2008 rural property standard when performing pre-purchase Phase I environmental site assessments, as both standards are specifically identified in the regulation as satisfying AAI.

Since Phase I environmental site assessments originated in 1986, the review of large rural and forestland properties has been difficult and time-consuming due to the site reconnaissance requirements alone. The 2008 rural property standard alleviated some of the difficulties of the site reconnaissance requirements in assessing large rural tracts of property.

The 2016 rural property standard adds updated terminology that is used in the companion E1527-13 standard, but more importantly, changes language that limited its more widespread use. First and foremost, the 2016 rural property standard eliminates the somewhat arbitrary 120-acres-or-more size requirement for use of the assessment and simply requires the property to be “forestland” or “rural property.” The definition of rural property is also much broader, some alternative sourcing for agency records is allowed, and a specific time limit of 20 calendar days for receipt of materials requested by the consultant for review in completing the Phase I is designated. The 20-calendar-days requirement is positive in that it provides an outside time limit, but negative in that it also assures that a Phase I environmental site assessment will take at least 20 days to complete if requested documentation is not received earlier. Some of the site visit criteria also are relaxed in the 2016 rural property standard.

While the 2016 rural property standard appears to have a number of positive changes from the 2008 version, EPA has not yet adopted it by regulation as satisfying AAI so purchasers and proposed tenants are advised to continue to use the 2008 rural property standard or E1527-13 standard in performing Phase I environmental site assessments. EPA adopted the 2008 rural property standard as a direct final rule providing for its immediate use, but with the existing standard in place, the adoption will likely follow the customary process of notice, comment period and finalization. Also, EPA will likely allow a 12-month period for use of the 2008 rural property standard in the regulation when adopting the 2016 version, so as not to adversely affect transactions where a Phase I is recently completed or is in process using the 2008 Rural Property Standard.

PHASE 1 ENVIRONMENTAL SITE ASSESSMENT FOR VACANT LAND, LAND FOR DEVELOPMENT, CONSERVATION LAND, RECREATION LAND, AGRICULTURAL LAND, FORESTLAND, AND RURAL PROPERTY EVERYWHERE IN THE U.S.A. INCLUDING

AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY

AL, Alabama, AK, Alaska, AZ, Arizona, AR, Arkansas, CA, California, CO, Colorado, CT, Connecticut, DE, Delaware, FL, Florida, GA, Georgia, ID, Idaho, IL, Illinois, IN, Indiana, IA, Iowa, KS, Kansas, KY, Kentucky, LA, Louisiana, ME, Maine, MD, Maryland, MA, Massachusetts, MI, Michigan, MN, Minnesota, MS, Mississippi, MO, Missouri, MT, Montana, NE, Nebraska, NV, Nevada, NH, New Hampshire, NJ, New Jersey, NM, New Mexico, NY, New York, NC, North Carolina, ND, North Dakota, OH, Ohio, OK, Oklahoma, OR, Oregon, PA, Pennsylvania, RI, Rhode Island, SC, South Carolina, SD, South Dakota, TN, Tennessee, TX, Texas, UT, Utah, VT, Vermont, VA, Virginia, WA, Washington, WV, West Virginia, WI, Wisconsin, WY, Wyoming,

Dutchess, Orange, Putnam, Sullivan, Ulster, Westchester, Albany, Columbia, Fulton, Greene, Montcomery, Rensselaer, Saratoga, Schenectady, Schoharie, Herkimer, Oneida, Cayuga, Cortland, Madison, Onondaga, Oswego, Broome, Chenango, Delaware, Otsego, Tioga, Tomkins, Chumung, Schuyler, Steuben, Allegany, Cattaraugus, Chautauqua, Genesee, Livingston, Monroe, Ontario, Orlean,s Seneca, Wayne, Yates, Erie, Niagara, Wyoming, Clinton, Essex, Hamilton, Warren, Washington, Franklin, Jefferson, Lewis, St. Lawrence

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Architects, engineers, builders and inspectors look at buildings in slightly different ways.  Drawing on his university degrees, industry training and over 31 years experience in all four disciplines Edward Devine developed a unique inspection and assessment protocol that considers property condition from all four perspectives.

We offer the best value in due diligence services.  Cost is always an important consideration but never the only consideration. We leverage all our experience, continually upgrade our skills and use the latest technologies to deliver the best service at the lowest cost.

USA Due Diligence Services offers Property Condition Assessment, Commercial Building Inspection, Industrial Building Inspection, Facility Condition Assessment, Phase 1 Environmental Assessment and Vapor Encroachment Survey. Discounts apply when you order 2 or more services on 1 property and when you order 1 or more services on 2 or more properties.

Over 31 years of service to owner occupants, investors, attorneys, insurance companies, banks and other lenders, landlords, tenants, facilities directors, property managers, developers, public utilities, energy providers, refineries, architects, engineers, retailers, municipalities and other governmental units and entities. We'd be proud to serve you!

 

 CLICK NOW FOR FAST, EXPERT SERVICE or call 585.738.5080

USA Due Diligence Services
Over 31 Years of prompt, professional service

Call 585.738.5080

 

PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR VACANT LAND, LAND FOR DEVELOPMENT, CONSERVATION LAND, RECREATION LAND, AGRICULTURAL LAND, FORESTLAND, AND RURAL PROPERTY EVERYWHERE IN THE U.S.A. INCLUDING

AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY

AL, Alabama, AK, Alaska, AZ, Arizona, AR, Arkansas, CA, California, CO, Colorado, CT, Connecticut, DE, Delaware, FL, Florida, GA, Georgia, ID, Idaho, IL, Illinois, IN, Indiana, IA, Iowa, KS, Kansas, KY, Kentucky, LA, Louisiana, ME, Maine, MD, Maryland, MA, Massachusetts, MI, Michigan, MN, Minnesota, MS, Mississippi, MO, Missouri, MT, Montana, NE, Nebraska, NV, Nevada, NH, New Hampshire, NJ, New Jersey, NM, New Mexico, NY, New York, NC, North Carolina, ND, North Dakota, OH, Ohio, OK, Oklahoma, OR, Oregon, PA, Pennsylvania, RI, Rhode Island, SC, South Carolina, SD, South Dakota, TN, Tennessee, TX, Texas, UT, Utah, VT, Vermont, VA, Virginia, WA, Washington, WV, West Virginia, WI, Wisconsin, WY, Wyoming,

Dutchess, Orange, Putnam, Sullivan, Ulster, Westchester, Albany, Columbia, Fulton, Greene, Montcomery, Rensselaer, Saratoga, Schenectady, Schoharie, Herkimer, Oneida, Cayuga, Cortland, Madison, Onondaga, Oswego, Broome, Chenango, Delaware, Otsego, Tioga, Tomkins, Chumung, Schuyler, Steuben, Allegany, Cattaraugus, Chautauqua, Genesee, Livingston, Monroe, Ontario, Orlean,s Seneca, Wayne, Yates, Erie, Niagara, Wyoming, Clinton, Essex, Hamilton, Warren, Washington, Franklin, Jefferson, Lewis, St. Lawrence

 
 
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