Beware of The “Cheap” Phase I ESA?

Environmental social media has been abuzz with concerns about a proliferation in low-quality Phase I Environmental Site Assessments (ESAs). And the impetus behind the recent rash of substandard Phase I ESAs relates back to the new definition for an “environmental professional (EP)” as defined in the All Appropriate Inquiries (AAI) federal regulation.

In fact, so concerned are some environmental professionals that they have begun a petition drive to change the definition of an environmental professional under AAI. Here is an excerpt from the petition:

“…when USEPA issued its final rule, the agency not only watered down the EP definition but also then compounded its error by not requiring EPs to actually perform any of the AAI tasks” (from the fixaai.org/petition).

What does this mean to you? In reality, for “seasoned professionals” it’s not likely an issue, as you probably have a relationship with an environmental consultant that you rely upon. However, if you are a commodity buyer of Phase I ESAs, you should be (even more) cautious about the consequences of the very “competitively priced” environmental due diligence.

Risk of losing liability protection

A worst-case scenario could be an assessment performed by a “watered down EP” that overlooks potential significant issues resulting in a forfeiture of AAI liability protection and opens you up to considerable financial risk.

If you would like to read the petition, click here.

If you need assistance a with a Phase I ESA, contact Jeffrey Bolin, M.S., CHMM (jbolin@dragun.com), at 248-932-0228, ext 125.