Applying of Geologic Theory in Environmental Due Diligence
Aaron Getchell, CPG-11349 and Dennis C. Kenney, CPG-05179
Environmental investigations and cleanups greatly impact the ability for a property to be cleared for development or other productive use in a timely manner. In addition to major delays, the relatively high costs affect local business, industry, and municipalities, as well as the landowners. Environmental Due Diligence is a term to describe the pre-transaction procedures and methods for assessing the potential for a property to contain adverse environmental conditions (Phase I), and for evaluating the extent of identified conditions that represent a potential environmental liability (Phase II).
Recognizing this potential liability, organizations such as ASTM, the USEPA, and some individual states have developed standards during the last 15+ years for conducting environ- mental due diligence. In effect, these standards and practices translate to “look before you leap” for prospective purchasers, and represent one aspect of providing the purchaser liability relief under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, aka Superfund), per USEPA, 40 CFR, November 2005 and as amended).
Geologic knowledge and applying scientific principles are critical in conducting environmental assessments. Environmental due diligence generally, and most commonly, consists of conducting Phase I and Phase II Environmental Site Assessments (ESAs), defined by ASTM standards E1527-13 and E1903-11. Consulting geologists routinely provide these environmental services to a variety of clients for property transactions and business acquisitions. By education and training, geologists are uniquely qualified to identify and investigate environmental conditions, particularly in the sub- surface, to meet the respective ESA requirements.
In summary, a Phase I ESA is a non-intrusive “paper” study that consists of database reviews, interviews, a site visit, and researching historical sources to identify recognized environmental conditions (RECs). Examples of common RECs include underground storage tanks or a former drycleaner. When RECs are identified that warrant investigation, a Phase II ESA is recommended which typically consists of collecting samples to physically evaluate conditions.
Phase I ESAs require geologic knowledge to correctly inter- pret data and information. In fact, the definition of a qualified Environmental Professional (those meeting specific require- ments to conduct a Phase I ESA) includes current Professional Geologist licensure (ASTM E1527-13). Describing the physical site setting includes interpreting the geologic and hydrogeo- logic characteristics, which aids in evaluating the site-specific geochemistry and potential contaminant transport – a skill set that geologists exercise regularly. Interpreting topographic maps is another Phase I ESA requirement for which geologists are trained. An environmental professional who also is a geolo- gist likely will be familiar with the various types of reports that may be reviewed such as geotechnical investigations, contaminant assessments, or remedial actions. Geologists, who are trained to observe and document information, also will excel at performing the crucial site reconnaissance por-
tion, where the objective is to discern information that might indicate the presence of a REC. The conclusions of a Phase I report require the Environmental Professional to provide an opinion regarding RECs and provide a rationale for those determinations, which is another scientific process familiar to geologists.
Phase II ESAs also require a similar understanding of geology and application of geologic principles. In fact, the definition of a “Phase II ESA Assessor” (ASTM E1903-11) is directly referenced to an “Environmental Professional” (defined in the Phase I standard). The scope of work in a Phase II ESA requires an understanding of the site-specific geol- ogy, hydrogeology, geochemistry, and contaminant transport. From this understanding, a conceptual site model is formed and tested by selecting proper drilling methods such as direct push (also referred to as DPT), roto-sonic, hollow stem auger, air rotary, mud rotary, or even hand auger. During the field work, geologic theory and critical scientific thinking continues when the ESA Assessor makes professional judgments on scope changes such as advancing step-out soil borings; con- structing multi-level temporary monitoring wells; or adding to a suite of laboratory analyses. When preparing the Phase II ESA Report, the principals of geology are crucial to accurately interpret field data, including geologic boring logs, physical groundwater quality parameters, field screening techniques, laboratory data, and other measurements and observations. By applying scientific principles and geologic interpretations, the Phase II ESA Assessor draws conclusions from the data, validates the conceptual site model (ASTM E1903-11), and makes recommendations regarding site conditions.
It is not required that only professionals with formal geologic training qualify as Environmental Professionals and Phase II ESA Assessors. Engineers, biologists, and environmental scientists who meet the minimum requirements also routinely conduct these ESAs. However, it is clear that formal geologic training and the ability to apply geologic principals and sci- entific reasoning provides significant benefits in performing environmental due diligence at a high level. Those environ- mental consultants who understand geologic principles and can apply these specialized skills stand to realize success and high client satisfaction.
Mr. Getchell is a Senior Project Manager in Amec Foster Wheeler’s Tampa, Florida with over seventeen years in the field of environmental consulting. His core competen- cies include environmental due diligence, contaminated site assessment, health and safety awareness, and project and contract management.
Mr. Kenny is Amec Foster Wheeler’s Central Florida Mining and Geology Practice Lead, and the Tampa, Florida Office Manager. His experience spans nearly 40 years and includes: site development, mineral evaluations, mine planning, envi- ronmental permitting and compliance, as well as corporate management in the mining and environmental industry.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64