EMI has completed thousands of Phase I and Phase 2 Environmental Site Assessments (ESAs) on properties for commercial and industrial real estate deals, financing, foreclosures and other transactions.  Our ESAs are designed specifically in accordance with the standards promulgated by the American Society for Testing and Materials (ASTM) to satisfy the "all appropriate inquiries" requirement and to ensure landowner liability protection under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

phase I Environmental SITE ASSESSMENTS

A Phase I ESA is performed by an environmental professional to identify the presence or likely presence of hazardous substances or petroleum products at the assessed property.  The Phase 1 ESA has four primary components:

• Records Review - EMI reviews local, state, tribal and federal government environmental records and historical sources related to past property uses and environmental issues.

• Site Reconnaissance - EMI conducts an onsite inspection to identify present and past uses of the property and any recognized environmental conditions.

• Interviews - EMI interviews past and present owners and occupants and state and/or local government officials with regard to property history, use and environmental issues.

• Evaluation and Report - After completing its evaluation of the property based upon the records review, site reconnaissance and interviews, EMI then prepares a written report detailing, among other things, its findings and conclusions with respect to the presence or absence of recognized environmental conditions.

Conducting a Phase 1 ESA has become a standard business practice in commercial and industrial real estate transactions, as purchasers and lenders want to limit their potential exposure to environmental liability.  

Under CERCLA, with few exceptions, owners of contaminated property are jointly and severally liable for contamination even if they did not dispose of the hazardous substances.  One such exception protects purchasers of contaminated property as long as they, among other things, make "all appropriate inquiries" into the property's previous ownership, uses and environmental conditions. 

All of our Phase I ESAs are conducted in full compliance with the most current ASTM standard (E1527-21) to satisfy the all appropriate inquiries requirement for CERCLA liability protection.

phase II Environmental Site Assessments

A Phase II ESA should be performed when the Phase I ESA identifies RECs and/or recommends further investigation.  It typically involves the collection and laboratory analysis of soil, surface water and/or groundwater samples to confirm the presence and extent of contamination at a property.  The scope and objectives of a Phase II ESA will vary depending upon the results of the Phase I ESA, the recommendations of the environmental professional, and the business needs of the client. 

EMI works with specialized laboratories and other partners to carry out the sampling and chemical testing for the Phase II ESA, which is conducted in full compliance with the most current ASTM standard (E1903-19).  Once complete, EMI prepares a thorough report summarizing the Phase II ESA objectives, investigations performed, data obtained, conclusions and recommendations. 

OTHER SERVICES

EMI has assisted clients with a wide range of additional environmental services, ranging from inspection and testing for lead, asbestos, mold and vapor intrusion to comprehensive site remediation.  Please contact us for more information.