II. What is Included in a Phase I Investigation

There is an industry standard for Phase I Investigations – it is the ASTM Standard E1527, which specifies the tasks to be performed, types of data to be collected, and lists and databases to be searched. A Phase I ESA includes
· a visual inspection of the Site,
· description of the use of surrounding properties,
· interview(s) with property owners or operators,
· summaries of relevant background data, such as bedrock geology, wetlands, etc.
· a review of available historical records and aerial photographs,
· a review of Federal, State and local files and lists, and
· an interpretation of all the above data.
Of these, the two most important tasks are the visual inspection and historical review. Note, there is a new standard for Phase I’s which is expected to be finalized in 2005 – the All Appropriate Inquiries standards.

III. What Isn’t Included in a Phase I Investigation

Collection and analysis of soil, groundwater, or other samples is not normally done during Phase I investigations. This is mostly because the Phase I is performed in order to determine what the potential problems are at a particular site. Analyzing samples before you know what the potential contaminants are is not cost-efficient – in part because all samples have a holding time limit set by regulation. In other words, if you don’t analyze for some particular analyte, by the time you discover the need, it’s too late. On the other hand, analyzing for unnecessary analytes can be a Great Waste of money.

It is possible to combine Phase I’s and Phase II’s at small sites where the site use is known and is simple, or at least uniform. Gas stations are almost the only type of site which routinely qualify for combined Phase I/II investigations (in my opinion – there’s no consensus). Although you might expect dry-cleaners or auto-body shops to also qualify, they are subject to special regulation.

Collection of samples to determine asbestos, lead, mold, formaldehyde, and other building issues is also not normally done during a Phase I inspection. Of course, there’s no reason you can’t have it done, at an appropriate additional cost.

IV. Notifying the DEP

No, consultants don’t do this! Unless the DEP asks, consultants aren't bound to tell them the time of day, and we don’t. In Connecticut, there are a few discoveries – such as discovering highly-contaminated groundwater that discharges to surface water – that require consultants to tell clients that the clients have to notify DEP. The consultants don’t have to notify DEP, just the clients or site owners. These discoveries are very uncommon – I’ve had to tell one client he had to notify DEP, in 17 years of environmental work in Connecticut.

V. The Visual Inspection of the Site
In the visual inspection of the Site, we’re looking for anything that could be a potential source of contamination or a conduit to transport contamination. This includes, but is not limited to:
· Underground Storage Tanks
· Above-ground Storage Tanks
· Transformers and Capacitors
· Process tanks
· Drum storage areas
· Stained soil or concrete
· Floor drains
· Septic systems
· Containers of hazardous materials
· Methamphetamine labs
And about 100 other things, most pretty uncommon.

The visual inspection takes typically half an hour to perhaps three hours, depending on the complexity of the Site. A knowledgeable site contact is required at some point; it’s not necessary that he follow the consultant around while the consultant inspects the Site.

VI. Review of Files and Lists

The Federal files can be reviewed by hiring an on-line company, but the DEP files, historical city directories, and aerial photographs have to be physically examined in Hartford, and the municipal files have to be examined in the Site's town.

VII. Interpreting the Data

There are two major questions that a Phase I ESA has to answer:
· Is there a reasonable possibility that activities at the Site have contaminated the Site's soil or groundwater?
· Is the Site an Establishment as defined in Section 22a-134 of the CGS?

Is the Site an Establishment? If you answer yes to any of the following questions, then the site is an Establishment:
§ Was more than 100 kg of hazardous waste generated in any one month since January 1980?
§ Was there a dry-cleaner, furniture stripper, or auto-body shop on-site on any day since May 1, 1967?
§ Is the Site a RCRA Generator or TSDF?

VIII. What if the Site is an Establishment?

If the Site's an Establishment, the site owner is required to notify the buyer before a property transfer, and to notify the DEP also. Unfortunately, within two years from the sale, someone (usually the owner) has to thoroughly investigate (Phase II and III) the property and also has to remediate all contamination present at the Site. Specific Forms have to be filed with the DEP; these Forms have to be stamped by a Licensed Environmental Professional (LEP).
IX. How Long Will It Take?

Phase I’s are normally completed in about two weeks, depending on the consultant’s workload at the time.