ASTM E1527-13: Definitions

Tuesday, June 18th, 2013

Definitions are an important part of a Phase I ESA. The key revisions included in the proposed ASTM E1527-13 standard are revisions to, and the addition of, Environmental Condition definitions. While the revisions will likely cause some confusion shortly after the revised standard is published, they are an improvement over the existing definitions.

Here’s a quick cheat sheet:

Recognized Environmental Condition (REC)

New definition:

“the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.”

What it means:

For practical purposes, the definition of REC has not really changed, only the wording of the definition has. The revised definition is more concise and should be easier to interpret resulting in more consistent findings.

Historical Recognized Environmental Condition (HREC)

New Definition

“a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (e.g., property use restrictions, AULs, institutional controls, or engineering controls). Before calling the past release an HREC, the EP must determine whether the past release is a REC at the time the Phase I ESA is conducted (e.g., if there has been a change in the regulatory criteria).”

What it means

For a past REC to be considered an HREC it must:

Have already been remediated (or meet current standards without remediation); and
Not require use restrictions or engineering controls (cap, subslab depressurization system, etc.); and
Meet current standards.

This revision means that some conditions identified as HREC’s under ASTM E1527-05 will no longer fit in this category.

Controlled Recognized Environmental Condition (CREC)

New Definition

“a REC resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (e.g., as evidenced by the issuance of a NFA letter or equivalent, or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (e.g., property use restrictions, AULs, institutional controls, or engineering controls)… a CREC shall be listed in the Findings Section of the Phase I ESA report, and as a REC in the Conclusions Section of the…report.”

What it means

A CREC is simply an HREC with use restrictions or engineering controls (cap, subslab depressurization system, etc.). Unlike HRECs, a CREC will be listed in the conclusions section along with other RECs. The purpose of this new category is to bring continuing obligations such as use restrictions, maintenance requirements, reporting requirements, etc. to the forefront.

Examples

Case 1:

An old Phase I identified a REC due to arsenic concentrations in the soil above the residential limit. Since then the limit has been raised and the arsenic concentrations are now de minimis.

The arsenic was a REC but now meets unrestricted regulatory criteria, therefore, it’s now an HREC.

Case 2:

A property was remediated years ago and a No Further Action letter was issued. A Phase I conducted after the NFA was issued found the site was “clean” and did not identify a REC. Since then, the regulatory limit for the contaminant of concern has been lowered below the original remedial objective.

Because the property does not meet current standards, this is now a REC.

Case 3:

A property was remediated years ago by capping contaminated soil with a paved parking lot and a No Further Action letter was issued. A Phase I conducted after the NFA was issued identified this condition as an HREC because the REC had been addressed.

An engineered control (the cap/parking lot) is in place, therefore, under E1527-13 this is now a CREC.

Looking for more information? Contact us with questions.

Blog post written by Jason Gold, P.E.