NEW REGULATIONS FOR CONTRACTORS AND DEVELOPERS FROM YOUR FRIENDS AT THE EPA!!

Kate Whitby of Spencer Fane reports: "Today EPA released a pre-publication version of its proposed new regulations for stormwater discharges from construction and development sites.  I have the proposed Federal Register notice (201 pages) if anyone wants it.  

 

Court orders from the Central District of California and the Ninth Circuit require EPA to propose and promulgate effluent limitation guidelines and new source performance standards for stormwater releases from construction and development sites.  The proposed regulations were due by Dec. 1, 2008, and the regulations must go final as soon as practicable, but no later than Dec. 1, 2009. 

 

The new regulations will establish technology-based effluent limitations guidelines and new source performance standards for construction and development sites.  Most of the effluent limits will be non-numeric and can be met by using specified best management practices.  For large sites in high rainfall/high soil clay content regions, however, the new regulations will impose a numerical turbidity (amount of sediment in the water) limit on stormwater discharges.  The proposed numeric limit is 13.  The technology basis for the turbidity limit is active treatment systems (ATS), which consists of polymer-assisted clarification followed by filtration. 

 

EPA is soliciting comments on the proposed regulations, including alternate management and treatment approaches and numerical limits.  When finalized, the new limits and requirements will be incorporated into EPA's national construction general permits for stormwater.

 

EPA estimates that compliance with the new regulations will cost $1.9 billion per year."

TAX INCENTIVES FOR CONTRACTORS under The Energy Independence and Security Acto of 2007

Thanks to Baerbel Schiller and Kersten Holzheuter for this presentation on tax incentives via sustainabililty initiatives:

Proposed Changes to Tax Incentives

	current tax incentive	Proposed tax incentive
Wind (I.R.C. § 45)	Tax credit equal to $0.015 per kilowatt hour of electricity produced by wind resources, for 10 years, beginning in the year the resource is placed into service, if placed into service by December 31, 2008	Tax credit equal to $0.015 per kilowatt hour of electricity produced by wind resources, for 10 years, beginning in the year the resource is placed into service, if placed in service by December 31, 2009
solar – Business (I.R.C. § 48)	Tax credit equal to 30% of the basis of solar energy equipment placed into service during the year, if the equipment was placed into service by December 31, 2007	Tax credit equal to 30% of the basis of solar energy equipment placed into service during the year, if the equipment was placed into service by December 31, 2016
solar-residential (I.R.C. § 25D)	Tax credit equal to 30% of the qualified solar electric property expenditures made by the individual during the year or $2,000, whichever is greater, if property placed in service by December 31, 2008	Tax credit equal to 30% of the qualified solar electric property expenditures made by the individual during the year, if property placed in service by December 31, 2009
energy efficient homes (I.R.C. §§ 25C, 45L)	Tax credit equal to 10% of the cost of implementing qualified energy-efficient improvements to existing homes, if placed into service by December 31, 2007 .  And, an eligible contractor gets a tax credit of $2,000 for each qualified energy-efficient home constructed by December 31, 2008	Tax credit equal to 10% of the cost of implementing qualified energy-efficient improvements to existing homes, if placed into service by December 31, 2009 .  And, an eligible contractor gets a tax credit of $2,000 for each qualified energy-efficient home constructed by December 31, 2010
energy efficient commercial buildings (I.R.C. § 179D)	Tax credit equal to the cost of energy-efficient property installed for a commercial building, with a maximum deduction of $1.80 per square foot of building, if the property is placed in service by December 31, 2008	Tax credit equal to the cost of energy-efficient property installed for a commercial building, with a maximum deduction of $2.25 per square foot of building, if the property is placed in service by December 31, 2009

New business opportunities for construction companies

Please go to the EPA website to examine the 36 separate EPA climate change partnership opportunities. New business is on the horizon for small and mid-sized businesses!

Criminal fines levied against KC Developer

OK....maybe I had better spend a little more time encouraging contractors to pay heed with environmental matters. In the Kansas City Star's May 22 edition a featured article dealt with a developer who plead guilty to removing asbestos illegally. Total fines and penalties.....$200,000.

Think we ought to take the feds seriously when it comes to violating the Toxic Substances Control Act and the Clean Air Act? I would say so

Hotel Standards for the Federal Government?

The friendly fed's have come up with a new criteria by which they will be deciding on which hotel's they will be staying at....think you better know about this as a developer or contractor before starting your next hotel job? Check out the information below that is in BOLD...thanks again to Kate Whitby of Spencer Fane!

News for Release: Wednesday, May 2, 2007

U.S. Environmental Protection Agency (EPA)

EPA Gives Green Meaning to Its Meetings

Contacts: (Media only) Dale Kemery, (202) 564-4355 / kemery.dale@epa.gov

(Other inquiries) Tiffany Schermerhorn, (202) 564-9902 / schermerhorn.tiffany@epa.gov 

(Washington, D.C. - May 2, 2007) The U.S. Environmental Protection Agency is erecting a new milestone in the march toward a greener government. Now the agency plans to turn its meetings green. EPA is changing its acquisition rules to give preference to facilities which consume less and manage their resources in environmentally positive ways. The rule change was effective May 1.

For the first time, EPA will consider environmental achievement along with such factors as price and past performance when buying meeting and conference space. The new regulation is a step toward giving priority to hotels and conference centers that demonstrate green progress.

"As our nation shifts to a 'green culture,' EPA is making environmental responsibility a common business practice," said EPA Administrator Stephen L. Johnson. "By promoting green meetings, EPA is helping our partners in government see the environmental and financial benefits of going green."

The program is unique within the federal government, which spends $14 billion a year on travel. Much of that figure pays for hotel and other meeting spaces. EPA alone spends about $50 million on travel annually. The EPA program is seen as a template that eventually may be emulated government wide.

When considering meeting space, EPA intends to evaluate the responses to a 14-point checklist, asking whether a facility has: 

 

·         A recycling program

·         A linen/towel reuse option that is communicated to guests

·         Easy access to public transportation or shuttle services

·         A policy to turn off lighting and air conditioning when rooms are not in use

·         Bulk dispensers or reusable containers for beverages, food and condiments

·         Reusable serving utensils, napkins and tablecloths when food and beverages are served

·         An energy efficiency program

·         A water-conservation program

·         Paperless check-in & check-out for guests

·         Use of recycled or recyclable products

·         Employee training on these green activities

·         Other "green" environmental initiatives such as receiving environment-related certifications, participating in EPA voluntary partnerships, supporting a green suppliers network, etc.

·         Food sources from local growers or a policy to consider the growing practices of farmers who provide the food

·         A policy to use biobased or biodegradable products, including biobased cafeteriaware

EPA anticipates that its Green Meetings Program will have a positive impact on the meeting and hospitality industry. Experience has shown that the cost to many facilities in green upgrades is more than offset by long-term savings.

For information on the EPA Green Meetings initiative or to review the acquisition rule:  http://www.epa.gov/oppt/greenmeetings

R127

Note: If a link above doesn't work, please copy and paste the URL into a browser. 

_____________________________________________________________________________

You can update or cancel your subscription at any time.  You need only your e-mail address (and your password if you have selected one).

This service is provided free of charge by the U.S. Environmental Protection Agency.

If you have any questions or problems about this service, please contact support@govdelivery.com for assistance.

Sent by the U.S. Environmental Protection Agency · 1200 Pennsylvania Avenue NW · Washington DC 20460 · 202-564-4355

Underground storage tanks

Hey kids...looks like the fed's are going to start again doing underground tank inspections....and they must be completed by August 8 of this year. Thanks to Kate Whitby of Spencer Fane for bringing this to my attention......

News Brief
 
If you need more information on this subject, call the listed Press Officer
 
For Release: (Washington, D.C. - Friday, April 27, 2007)

EPA Issues Two Grant Guidelines for State Underground Storage Tank Programs

Contact: Roxanne Smith, (202) 564-4355 / smith.roxanne@epa.gov

The U.S. Environmental Protection Agency has issued two final guidelines for states, which will implement key provisions of the underground storage tank (UST) amendments of the Energy Policy Act of 2005: the inspection grant guidelines and the grant guidelines for state compliance reports on government USTs. 

The inspection grant guidelines describe the minimum requirements states must meet in order to comply with the inspection provisions contained in the Energy Policy Act. The guidelines require states to ensure that USTs not inspected since Dec. 22, 1998 undergo an on-site inspection before Aug. 8, 2007 and then undergo an on-site inspection at least once every three years thereafter. The guidelines identify which underground storage tanks require an on-site inspection, what the requirements are for the on-site inspection, who can perform the on-site inspection, and what information needs to be reported to EPA. To ensure the grant guidelines are implemented with minimal disruption, EPA is giving states considerable flexibility to establish their own inspection programs. 

The grant guidelines for state compliance reports on government USTs describe the minimum requirements a state's report must contain in order to comply with the government UST compliance report provision in the Energy Policy Act. The guidelines require that states must report to EPA no later than Aug. 8, 2007 on the compliance status of federal, state, and local government-owned and government-operated USTs. The guidelines include what information a state's compliance report must include and when a state must submit its report. As required in the Energy Policy Act, EPA will make the states' reports available to the public. 

EPA provides funding to states through grants to regulate underground storage tanks. EPA worked with states, regional tank offices, and other stakeholders to develop the inspection grant guidelines and the grant guidelines for state compliance report on government USTs.    

Information on the grant guidelines: http://www.epa.gov/oust/fedlaws/epact_05.htm#Final


R116

Note: If a link above doesn't work, please copy and paste the URL into a browser. 

_____________________________________________________________________________

You can update or cancel your subscription at any time.  You need only your e-mail address.

This service is provided free of charge by the U.S. Environmental Protection Agency.

If you have any questions or problems about this service, please contact support@govdelivery.com for assistance.

Sent by the U.S. Environmental Protection Agency · 1200 Pennsylvania Avenue NW · Washington DC 20460 · 202-564-4355

Environmental Construction

A possible idea for new or additional construction work for your company....????

Bank of America Announces $20 Billion Environmental Initiative

CHARLOTTE, N.C., March 6 /PRNewswire/ -- Bank of America Corporation announced today a $20 billion initiative to support the growth of environmentally sustainable business activity to address global climate change.  Bank of America's ten-year initiative encourages development of environmentally sustainable business practices through lending, investing, philanthropy and the creation of new products and services.

"Over the last decade, Bank of America has implemented programs that have significantly reduced the environmental impact of our own operations," said Kenneth D. Lewis, Bank of America chairman and CEO. "Today, we have a tremendous opportunity to support our customer's efforts to build an environmentally sustainable economy -- through innovative home and office construction, new manufacturing technology, changes in transportation, and new ways to supply our energy."

Under its environmental initiative, Bank of America will emphasize the business opportunities created by "green" economic growth by providing critical financing to encourage the development of environmentally sustainable products and technology; accelerate the deployment of existing technology; and increase energy efficiency.

Corporate Clients

Bank of America will commit $18 billion in lending, advice and market creation to help commercial clients finance the use and production of new products, services and technologies:

* Commercial Real Estate Banking: The company will build upon its expertise in financing environmentally friendly development by creating customized solutions for clients who are developing and implementing environmentally sustainable designs. Areas of focus include financing real estate projects with LEED certification, improvements in energy efficiency, Brownfield redevelopment, promotion of smart growth, and the use of energy-related tax credits.

Individual Customers

Bank of America currently is developing a set of products for individuals who consider the environmental impact of their purchasing decisions and want to offset or minimize their carbon emissions. The bank will announce the launch of the following new products in the next year:

* The Green Mortgage Program: Homebuyers will receive a reduced interest rate or $1,000 back for each home-purchase mortgage meeting ENERGY STAR specifications.

* Environmental Home Equity Program: For customers who use their home equity line of credit's Visa Access Card, Bank of America will make an annual donation to a non-profit organization that focuses on environmental conservation. At launch, donations will be directed to Conservation International for land conservation and carbon sequestration. Additional non-profit organizations may be added to the program over time.

Investments by Bank of America

Bank of America will also make the following investments to offset the impact its own operations and associates have on the environment:

* Committing $1.4 billion to achieve LEED certification in all new construction of office facilities and banking centers; and

* Donating $50 million from the Bank of America Charitable Foundation to support non-profit organizations focused on forest preservation, innovative energy conservation, developing green affordable housing and other environmentally Progressive activities.

"We have the opportunity to do more than address our own internal business practices," said Anne Finucane, chief marketing officer and chair of the company's environmental council. "As one of the world's leading financial institutions, we can and will work directly with individual and business customers to address the pressing issue of global climate change."

"Bank of America is getting out on the front end of this issue -- developing innovative products and services that will flourish in a developing green economy while helping households, investors, and businesses cut greenhouse gases," said Eileen Claussen, president of the Pew Center on Global Climate Change.

SOURCE: Bank of America Corporation

CONTACT: Eloise Hale of Bank of America, +1-704-387-0013, or
eloise.hale@bankofamerica.com

Web site: http://www.bankofamerica.com/

Environmental

"New standard: Construction industry creating strategies to promote sustainable development

The Business Journal of Phoenix - February 23, 2007

by Elaine Fogel

Contributing Writer

Jim Poulin/The Business Journal
Thomas Kenneally, a project engineer at Turner Construction, inspects a recycling bin at a project near Phoenix Sky Harbor International Airport to make sure the materials were sorted correctly.
View Larger

In 2005, Gov. Janet Napolitano signed an executive order that called for all new state buildings to meet the LEED Silver standard so the facilities would be environmentally friendly.

A designation by the U.S. Green Building Council, Leadership in Energy and Environmental Design certification shows that the recipient is dedicated to sustainable building design. Listings are ranked from the most basic, or certified, through silver, gold and platinum. Based on scientific standards, LEED emphasizes "state-of-the-art strategies for sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality."

The standard is being promoted by governments across the country and has caused construction firms to revamp practices and think "green."

The New York-based Turner Construction Co., which has an office in Tempe, has gone full force into a program to divert construction waste on all its projects. During the past two years, Turner's Waste Management Program has resulted in diverting more than 83,000 tons of waste materials.

In 2006, Turner diverted 50,000 tons of construction waste. And the goal this year is to boost that number to 75,000 tons.

The program is part of a commitment to sustainable construction. The construction management and general contractor has been serving clients in Arizona since 1987.

Other construction companies -- Sundt, McCarthy Building Cos. and Kitchell Corp., to name a few -- also have adapted to heightened awareness about green building practices and have created waste recycling or diversion programs at construction sites.

Turner's program began in 2004 with the goal of diverting waste at 100 percent of its projects by the end of this year.

W. Shawn Rosenberger, vice president and general manager of Turner Arizona, said diverting waste means doing something with it other than dumping it in a landfill.

"It can mean salvage and reuse of building components," he said, such as doors, windows or structural beams.

Or, it can mean taking scrap and waste material back to a factory for reprocessing, including steel beams and ceiling tiles.

Another method is for on-site reuse, in crushing concrete and reusing the aggregate, or getting suppliers to take back packaging, such as wood pallets and containers, and reuse them. There are several advantages to this approach.

"If we reduce the waste we send to a landfill and divert that waste material back into the manufacturing process, we reduce the space we consume with our refuse, freeing it for other more beneficial uses," Rosenberger said. "We reduce the amount of virgin materials -- which are in finite supply -- needed to manufacture new products."

Virgin materials are resources extracted from nature in raw form, such as timber.

Diverting waste also allows Turner to reduce the energy needed to extract, manufacture, transport and dispose of materials.

"Since most of our energy comes from fossil fuel, these energy savings typically reduce our carbon emissions, which reduce climate change," Rosenberger said.

Doing the right thing

It didn't take Al Gore's recent global warming documentary to stimulate a shift in development practices. Green building trends have been going mainstream for the past few years because of reduced energy costs and concern for the environment.

Turner's program is an example of the ongoing acceptance of green building among construction firms.

A McGraw-Hill 2006 Smart Market Report predicts that green building will comprise as much as 10 percent of all nonresidential construction starts in 2010.

The Green Building Council states that if the United States had 100 percent zero-impact buildings, the country would save 40 percent of all national energy use and12 percent of all water use.

Although these environmental benefits are noteworthy, skeptics may wonder how realistic they are for a company's return on investment.

According to the McGraw-Hill study, green buildings deliver 3.5 percent higher occupancy rates, 3 percent higher rent rates, and an average increase of 7.5 percent in building values. They also improve return on investment by 6.6 percent, on average, with some green buildings doing much better.

Turner's 2005 Green Building Market Barometer study found that the average estimated cost premium for sustainable building overall is only 0.8 percent for a basic LEED certification, which is easily repaid through lower operating costs.

"It typically results in no cost increase or some small savings overall, depending on the market conditions," Rosenberger said.

Gary Aller, director of the Alliance for Construction Excellence at the Del E. Webb School of Construction at Arizona State University, said most of today's public owners are interested in doing the right thing when they build.

"They don't want to use up all the resources we have," he said. "The more resources you use, the more demand. The more demand, the higher the price, and we've had price escalation issues with materials. This (green building) actually takes a bit of the heat off the cost of materials."

Value-added service

Napolitano's executive order has put Arizona in a leadership position on green initiatives. In addition to mandating the Silver standard, all new state-funded buildings must receive at least 10 percent of their energy from a renewable resource.

Many in the private sector have been jumping on the green bandwagon, too. Aller said Whole Foods, for example, builds green and buys enough wind power to supply all its stores. Another is Wal-Mart Stores Inc.

"There's a deal afoot that they may put solar panels on all of their roofs to power all of their stores," Aller said, referring to Wal-Mart. "That's megadollars, but they take that power off the (public) grid."

Plus, Aller said, the big-box retailer wants consumers to think of it in a favorable light. Being green can't hurt.

"Corporate America has woken up to the fact that consumers are worried about our environment and global warming," he said.

But Aller believes waste diversion isn't necessarily a cheap practice.

"When you go to construction sites, you'll find (containers) where they put waste products -- wood in one, metal in another, so they can be recycled," he said. "Because (the material) has to be sorted, somebody has to be picking up the stuff and putting it into the proper containers."

That process has to be factored into budgets, as well as the site needing the required space for the containers. Although it adds a little bit of cost to a project, "the reality is we're saving a lot," Aller said.

For Turner, going green isn't about costs or trends. Michael Deane, operations manager for sustainable construction at Turner, said the company does it because it's the right thing for Mother Earth and the communities in which the company works. It's also a good business practice.

"It rarely costs more, frequently results in lower overall costs for disposal, and sometimes results in direct rebates from recycling facilities," he said.

Even Turner's clients benefit in this equation, as those seeking LEED certification can gain credits for the practice.

There have been some challenges, company executives said. Different areas of the country, for example, have varying abilities to recycle some materials but not others.

Also, busy project teams were reluctant to fill out forms to measure progress, so the company is rolling out an online data entry system for waste haulers that should improve results.

Said Rosenberger, "Green building is not a value-added service -- it is a core competency. If companies want to stay in business, they must know how to deliver green buildings."

Get connected

U.S. Green Building Council: www.usgbc.org"

EPA IS OUT IN FORCE - FINES, FINES FINES FOR FAILING TO NOTIFY ONLY ONE HOUR AFTER THE PROBLEM EMERGES?

Another troubling announcement concerning the EPA....my resident environmental expert Kate Whitby of Spencer Fane asked me to circulate this article to all construction companies and to note the "late" notice of AN HOUR concerning the problem caused an assessment of a fine...Kate found it to be troubling....I find it unconscionable.....

Look...whether we like it or not construction companies must recognize and be in compliance with all environmental issues...and act promptly when accidents occur....please read the following:

"

CHICAG0 (Feb. 15, 2007) - EPA Region 5 has recently settled four cases involving late notification of hazardous chemical releases. The facilities cited are located in Alsip, Chicago Heights and Dwight, Ill., and River Rouge, Mich. EPA also announced a new case, citing a Kansasville, Wis., company for late notification of a chemical release.

Hondo Inc. (doing business as Coca-Cola Bottling of Chicago), 12200 S. Laramie Ave., Alsip, Ill., paid a $10,478 civil penalty. The facility was cited for failure to promptly report a 563-pound release of anhydrous ammonia to the National Response Center on March 20, 2006. The NRC was notified more than three hours after the company knew of the incident. The chemical was released from a faulty refrigeration system on the roof of the building.

Anhydrous ammonia is commonly used in commercial refrigeration systems. The chemical causes burns to the skin and irritation to the eyes, nose and throat and may be fatal if inhaled for long periods of time. Anhydrous ammonia releases greater than 100 pounds must be immediately reported.

Alpharma Inc., an animal feed facility at 400 State St., Chicago Heights, Ill., paid a $5,000 cash penalty and will complete a $24,737 environmental project. The facility was cited for failure to promptly report a 13,277-pound release of sulfuric acid to the National Response Center on Oct. 31, 2005. The NRC was notified more than six hours after the company knew of the incident. The chemical was released when a storage tank leaked. Alpharma will install a remote monitor and alarm system on its sulfuric acid storage tank and upgrade the piping connected to the system. 

Sulfuric acid causes burns to the skin and irritation to the eyes, nose and throat. Releases greater than 1,000 pounds must be immediately reported.

Aldi Inc., which operates a refrigerated food warehouse at 1 Aldi Dr., Dwight, Ill., paid a $23,150 civil penalty and will complete a $23,150 environmental project. The facility was cited for failure to immediately notify the NRC, the state emergency response commission and the local emergency response planning committee of a 600-pound anhydrous ammonia release on Aug. 22, 2005. The response agencies were notified more than eight hours after the company knew of the release. A required written follow-up report was also filed late, 32 days after the incident. The chemical was released when a pressure relief valve opened prematurely. Aldi will purchase additional emergency response equipment for the Dwight Fire Department.

Detroit Edison's electrical power generation plant at 1 Belanger Park Dr., River Rouge, Mich., paid a $52,333 civil penalty. The facility was cited for failure to immediately notify the National Response Center of a 10,559-pound release of sodium hydroxide on May 6, 2003. Detroit Edison notified the NRC, the Michigan emergency response commission and local emergency planning committee about an hour after it knew of the release. A required written follow-up report to the Michigan emergency response commission was also filed late, 10 days after the incident. A follow-up report to the local emergency planning committee was never filed. The incident occurred when a maintenance crew left a process valve open. The sodium hydroxide flowed through the process line and mixed with cooling water, which was then released from the facility.

Sodium hydroxide is commonly used in metal cleaning and processing. Exposure to it can irritate or burn the skin, eyes and gastrointestinal tract. Inhaling large amounts can be fatal. Sodium hydroxide releases greater than 1,000 pounds must be reported immediately.

In the new case, EPA proposed a $80,596 civil penalty against Conserve FS Inc., doing business as Lake-Cook Farm Supply, 4304 S. Beaumont Ave., Kansasville, Wis. The facility was cited for failure to promptly report a 1,055-pound release of anhydrous ammonia to the Wisconsin Emergency Response Commission and the local emergency response planning commission on Oct. 11, 2004. The agencies were notified more than 17 hours after the facility knew of the release. The facility also failed to file a written follow-up report. The release was caused by a leaking valve on an ammonia tank.

Under Federal law, facilities cited by EPA have 30 days to answer the complaint and may request a meeting to discuss settlement."

Be take heed.................................................................

New environmental rules for purchasers of real estate

WARNING -- WARNING -- WARNING! According to Kate Whitby of Spencer Fane Britt & Browne LLP Environmental due diligence standards change as of November 1, 2006!

Well, maybe "WARNING" is an exaggeration.  But you should be aware that the standards have changed for the due diligence investigation needed to claim defenses to liability under the federal "Superfund" law. 

About a year ago U.S. EPA published its "All Appropriate Inquiry" (AAI) regulations, as required by the 2001 Brownfields Revitalization Act amendments to the federal Superfund law.  The new AAI regulations take effect [today/tomorrow] November 1, 2006. 

Under the Brownfields law and the new regulations, if you are the PURCHASER of property that was or might have been used before (i.e., not a virgin greenfield in the middle of nowhere), and you don't want to be legally responsible for whatever your predecessors in title did with or to that property, you must:

1.  obtain a Phase I environmental site investigation for commercial property;

2.  make sure that your Phase I contractor has an "Environmental Professional" on staff and identified as supervising your Phase I project.  An "Environmental Professional" is a defined term under the new regulations, and generally requires an advanced degree in engineering or geology and three years field experience; an undergraduate degree and five years field experience; or no formal academic degree but ten years field experience with site assessments and investigations.  He or she also must 

3.  use the new, revised ASTM standards for a Phase I site assessment (ASTM E1527-05) in conducting the Phase I investigation (you can find a comparison between the old Phase I standards and the new at "http://www.epa.gov/brownfields/regneg.htm#final_rule");

4.  perform MANDATORY interviews with current AND past facility owners, occupants, managers and even employees;

5.  if the property is abandoned, perform the same type of MANDATORY interviews with adjacent neighbors;

6.  run a historical title and use investigation as far back as the property's first use;

7.  acknowledge and document "data gaps" for unknown time periods or uninvestigated parts of the property; and

8.  identify any specialized expertise in the purchaser (i.e., whether you are an experienced Brownfields redeveloper), in which case a higher standard of care may apply to your investigation and assessment requirements. 

If you are the SELLER of property that you or somebody else has actually used, be aware that a prospective purchaser will want and need this type of investigation, and that you must be doubly watchful about confidentiality, privilege and disclosure rights and obligations.  The new regulations state that they do not change any otherwise-applicable reporting and disclosure requirements under federal, state or local law, and that these reporting obligations may fall on owners, operators, prospective purchasers and even the Phase I consultants.

Finally, if you do find (surprise!) that the property you own or are purchasing has some level of environmental contamination, the 2001 Brownfields law sets up a number of steps you have to take with regard to the contamination in order to limit or escape liability for any cleanup.

Kids: Call Kate at 314-863-7733 to get more information!