RECOGNIZED ENVIRONMENTAL CONDITIONS Prepared by LIB Ine. Soptamber 14, 2010, ‘Tho fl statement regading Recognized Environmental Conalione in ASTI E1527-06 (Standard Practice for Environmerial Site Assessments) is as follows. Noto that the Italicized emphasis Is in the original. ILI Recognized Environmental Conditions —In defining a standard of good commercial and ‘customary practze for conducting at environmental ste assessment of patcel of property, the goal ofthe processes established by this practice isto identify recognized environmental conditions. The txm recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products on a property vadee conditions that indicate an existing release, a past release, ora material threat ofa release of any hazardous substences or petroleum products ito structures on the property or into the aground, ground water, or surface water of the property. ‘The term includes hazardous ‘substances or peyoletm products even under conditions in compliance with Ins, The term isnot intended te include de minimis conditions that generally do not present a threat to Inman health or ‘he environment and that generally would not be the subject of an enforcement action if brought tothe attention of appropriate goveramental agencies, Conditions detemnined to be de minimis are not recognized environmental conditions. ‘A guide to interprtation of *rocoghized arvironmental conditions" in ASTM E1827 Is as folows: 1. The second senterce isthe actual definition: “The term recognized environmental conditions ‘means the presence or likely presence of any hazardous substances ot petrolewn products (on 8 property uncer conditions that indicate an existing release, a past release oa material threat ofa release of any hazardous substances or petroleum products into stuctures on the Property or into the ground, ground water or surface water of the property.” 2. To determine whether there is a recognized environmental condition, the environmental professional must determine the following: a. Whether thee the presence or likely presence of a hazardous substance or petroleum product, ‘b. Whether this hazardous substance or petroleum product ison the property being evaluated. © Whether the conditions under which the hazardous substance or petroleum product is ound indicate one ofthe following: i. an existing release, fi. apast release, or sii. a material threat of a release “into structures on the property or into the ground, ground water, or surface water of the propery.”3. To assist the environmental professional in determining what is tobe considered a recognized enviranmental condition the remaining sentences cover add clasificatons: 1 The third sentence reads; “The term includes hazardous substances ox petroleum. products even under conditions in compliance with laws.” This makes it clear that a ‘recognized en ironmental condition includes identified conditions whether or not they comply with the law. b, ‘The lastrwo sentences make it clear that de minimis conditions are those that generally do not presenta threat to human health or the environment. Therefore, de minimis conditions arenot recognized environmental conditions Correction of common misunderstandings of “recognized environmantal conditions” 1. Nowhere in the definition of recognized environmental condition is a statement that ther is 1 threat (or risk) to human health or the environment, If a condition is determined to be a recognized enviroumental condition, it must stil be determined what isthe significance or {importance of the 2ondition. Sometimes there isa threat to human health or the environment, but many tines there isnot any significant theet, 2, The identification ofa recognized environmental condition does not, by itself, mean itis threat (or risk) fo Luman health or the environment, ort the use or intended use of property. 3. The purpose of identifying recognized environmental conditions isto provide the reader ‘witha clearly stated list of what the environmental professional determined to fit the criteria {ora recognized environmental condition so thatthe reader can then determine how they ‘want to respond tothose conditions, including whether to conduct futher evaluations or ‘esting, and in particular how they might affect «property transection,