Areas of Practice

The standard practice for investigating the past history and use of a commercial property includes performing a Due Diligence process. The first step in this process is the Phase I Environmental Site Assessment. As of November 2005, the US EPA issued nationwide guidelines for the required elements and practice of Phase I ESAs. EMLS follows the EPA guidelines and the application outlined by the American Society for Testing Materials (ASTM) practice 1527E–05, Standard Practice for Environmental Site Assessments, Phase I ESAs.

EMLS’s process for completing a Phase I ESA includes the following general practices:

Records Review: Federal, state, local and tribal environmental records will be reviewed for any notices of spill, scrapping, or dumping of hazardous materials at these properties and whether there are any Leaking Underground Storage Tank (LUST) sites (Michigan DEQ – Underground Storage Tanks) or National and / or State Superfund and if any Brownfield petitions have been filed at sites within a one (1) mile radius of the subject property. EMLS utilizes the firm Environmental Data Resources (EDR) (www.edrnet.com) to provide a Radius Map and Physical Setting Source.

Historical and Municipal Records: EMLS may research historical sources including: aerial photographs, fire insurance maps, property tax files, recorded land title records (title records to be provided by you), USGS topographical maps, Local Street Directories, building department records, zoning records and any other historical source that provides good and credible evidence for the past use of the property. The City Fire Marshall is a valuable resource for commercial properties that may have had former underground or aboveground equipment dealing with automotive service, repair, sales or manufacturing, or other flammable materials. Sanborn Fire Insurance Maps, Aerial Photographs, Bresser’s City Directory and local Historical Societies are generally utilized sources.

Site Inspection and Interviews: A site inspection with at least two (2) members of the due diligence team is performed in conjunction with historical research. Site inspections include: a detailed walk of the property (interior and exterior) to determine its current, environmental condition and the condition of surrounding properties; visual inspection of the property; detailed sketch and / or photographic evidence of findings.

An interview with one or more past or current tenant and the manager / owner / operator is required Phase I ESA standards. Knowledgeable parties may include: site managers, occupants, neighbors, and past owners and operators.

Reporting and Documentation: Once research and site inspection are complete, EMLS will produce a Phase I Environmental Site Assessment Report (Phase I ESA Report) per ASTM 1527E–05 guidelines. In addition to the text report, EMLS will include appendices for: documentation of sources, figures, legal description(s), photographs, historical records, Radius Map and others as needed. An Environmental Professional (EP) will sign the report.

Clients for Phase I ESAs include: MGM Grand Detroit, City of Detroit, General Motors Corporation, local real estate developers.

A Phase II Environmental Site Assessment (ESA) will follow in the due diligence process after a Phase I ESA has been completed. A Phase II ESA should continue to investigate the recognized environmental concerns that were presented in a Phase I ESA. The continued investigation can take the shape of further records review, above ground sampling, using a ground penetrating radar to look for subsurface images, and subsurface sampling.

EMLS hires subcontractors to do heavy field work such as trenching (using a back-hoe), soil borings (a Geoprobe) and independent laboratory services. These subcontractors ensure accuracy and independent data, thereby providing you, the client, with reliable and professional results on every project. EMLS will analyze samples taken in the field and compare them to applicable cleanup criteria for the use and planned use of the site. A Phase II ESA is complete with a Report is issued that concludes whether the site in question is contaminated or not. If the site is contaminated above Michigan’s Tier I Residential Cleanup Criteria (Part 201 of Act 451) EMLS will present viable remediation alternates, including a Baseline Environmental Site Assessment.

EM has completed Phase II ESAs for Wayne County, Volunteers of America, Great Faith Ministries, and many others.

A Baseline Environmental Assessment (BEA) constitutes a report that a new owner of a contaminated property (a "facility" per Part 201 of Michigan PA 451), may file with the State of Michigan to relieve the new owner from cleanup liability of the property. Three types of BEAs may be filed. EMLS has extensive experience in preparation of:

Type "N" BEA

Per Section 20126(1)(c), Part 201 of PA 451, a Type "N" BEA is "appropriate when there will be no future significant hazardous substance use on the property." (page 7)

Minimum technical requirements:

Past Usage: Review the past reports, prepared by EMLS and others, of the subject property, to document the known chemical and hazardous substance usage at the property. Data from the past use research will be included in the BEA submittal.

Phase II ESA – Sampling and Analysis: In order to conduct a BEA, a site must meet the criteria as a "facility" under Part 201 of Act 451, as amended. A "facility" is a site where levels of contamination exceed Tier 1 residential cleanup criteria. EMLS will determine, based upon sampling of the subject site, if a BEA is feasible and required.

Sampling and Analysis Costs: Generally, no additional costs beyond the existing Phase II ESA, which was used to determine status as a "facility."

Reporting: Assemble all data (new and old) for use in the BEA. Preparation of the BEA will include analyzing laboratory data for applicable criteria; writing a final report of findings and creating accurate site drawings. A BEA requires particular documentation, such as: a legal description; a site survey; Hazardous Materials records (if applicable), proper affidavit preparation, et.al.

Type "D" BEA

Per Section 20126(1)(c), Part 201 of PA 451, a Type "D" BEA is "appropriate when the hazardous substances(s) to be used on the property…are different than the hazardous substance(s) known or likely to be [the existing] property contaminants." (page 7). The implication is that the BEA must have adequate information to distinguish newfrom existing contamination onsite.

Minimum technical requirements:

All of Type N requirements PLUS:

Future Chemical Use: the names and CAS numbers of all planned future chemicals for use on the site, presented in tabular format. The specific location and use of each of the chemicals listed must be described in detail, as well.

Sampling and Analysis: Conduct additional sampling and analysis only if Phase II ESA data does not provide adequate reasoning as to all the chemicals that had been used on the site previously. In this case, analysis should focus on completing a chemical–use picture of the site, so as to be able to distinguish new chemical usage from existing chemical contamination. Definition of extent of contamination is only required to fulfill the distinguishing condition.

Type "S" BEA:

Per Section 20126(1)(c), Part 201 of PA 451, a Type "S" BEA is "appropriate when one (or more) of the hazardous substances to be used on the property [in the future] …is the same as a hazardous substance known to likely to be a property contaminant or when there is no limit specified on the hazardous substances to be used on the property." (page 7) The implication is that a highly specific level of investigation and determination of precise locations and amounts of both existing and new substance use is required.

Minimum technical requirements:

All of Type N and Type D requirements PLUS:

Delineation of Extent of Contamination: All contamination onsite must be delineated in a horizontal and vertical manner. Descriptions of the "fate" (i.e. removal, decomposition, no change) and precise information related to migration conditions on the site must be provided in detail. Specific details about any chemical compounds that may be on the site, based on past use and/or previous sampling events, that are specifically not excluded from future use must be included in the delineation. Strict engineering controls/facilities/barrier may be proposed and erected to obtain a BEA, subject to MDEQ approval.

Enviro Matrix has conducted BEAs for MGM Mirage, Inc., Universal Wholesalers, and many others.

EMLS is an approved Qualified Underground Storage Tank Consultant (QC) per Michigan Department of Environmental Quality (MDEQ) list of QCs. Our Senior Staff includes two Certified Professionals (CP) who are qualified to conduct UST removal, perform subsurface investigations to delineate the extent of contamination, perform remediation, and certify closures.

Our business is to protect our client’s interests while respecting and adhering to the best engineering practices and the law. All of EMLS’s environmental engineers, scientists and field technicians are trained in performing corrective actions for leaking underground storage tank (LUST) sites and non–LUST removal projects per MDEQ rules and in compliance with OSHA safety regulations. We have experience in providing site closures at over 75 leaking underground storage tanks at over 60 sites in Michigan. EMLS has removed over 500 USTs.

Typically, work with Underground Storage Tanks involves removal and remediation. Remediation is only necessary if the tank has leaked to the outside environment.

Part A

EMLS will conduct the following regardless of contamination and UST status:

1. EMLS will conduct a limited background search to verify the status of USTs at a project site. This will involve:
   • Visits to the site(s) for inspection of UST areas;
   • Interviews with the site owner and review of documents available at local fire marshal, building department and MDEQ files;
   • Brief discussion with the MDEQ Project Manager.
2. File the required 30 Day UST Removal Activity Notification with the Michigan Department of Environmental Quality (MDEQ–RRD);
3. EMLS will prepare a Health and Safety Plan (HASP) for the USTs removal work.
4. Retain and oversee a qualified contractor to:
   • Evacuate (vapors);
   • Empty any remaining liquid and sludge residue;
   • Remove, clean, cut and dispose of the USTs
   • Dispose of 55–gallon drums of hazardous liquids and/or sludge (usually wash water and seeped water inside the UST);
   • Cut and cap piping;
   • Backfill the excavation with clean sand material.
5. Attend meetings with the owner to receive data, instructions, and discuss project needs during UST removal activities;
6. Provide on–site oversight, monitoring and site documentation to prepare and file a Site Assessment Report with the MDEQ–RRD per Act 451 requirements;

Part B

If the tank system has not leaked, EMLS will:

• Take up to four (4) soil samples in accordance with UST rules and regulations of the MDEQ–RRD for site assessment per Part 211 of Act 451 following removal of the tank systems for site assessment;
• Retain laboratory to conduct analyses and report data to EMLS;
• Review analytical data and field conditions and compare to the reporting requirements;
• Assuming no release, write Site Assessment Report for UST removal as required under Part 211 of the Natural Resources and Environmental Protection Act, PA 451 of 1994, as amended (Act 451).

Part C

If the tank system(s) have leaked to the environment, provisions and regulations for the leaking underground storage tanks (LUST) Part 213 of Act 451 will be followed.

Typical procedures for a LUST site include:

• Notify MDEQ of release to the environment;
• Remediate the site by removing and disposing of the contaminated soil;
• Collect and analyze verification samples from the excavation (after UST removal and excavation of heavily impacted soils) for initial assessment or closure, in accordance with the requirements of Part 213 of the Act 451;
• Prepare either an Initial Assessment Report (IAR) or a Closure Report per Part 213 and submit it to the MDEQ within 30 days from the completion of corrective actions if site conditions meet Tier 1 Residential cleanup criteria for closure, or prepare and submit initial assessment report within 90 days from the date of confirmed release if Tier 1 cleanup criteria is exceeded (i.e. using engineering or institutional controls). You may choose to close the site with restrictions even if the criteria is exceeded. You may choose to file the IAR for now in lieu of conducting remediation and/or closure. Please be aware that eventually, remediation and closure would need to occur at the site.

Enviro Matrix has conducted (L)UST work for: Wayne County, General Motors Corp., Volunteers of America, among others.

Enviro Matrix Land SEA Corp. (EMLS) has worked closely with local municipalities to investigate, assess, and clean up projects funded with Brownfield monies. Brownfield sites are those sites that have perceived contamination or, in some communities, are functionally obsolete. These perceptions prohibit redevelopment of properties in urban centers, which leads to the expansion or urban sprawl into greenspaces.

Monies are available through local Brownfield Redevelopment Authorities (local units of government) to aid developers with cleanup and redevelopment costs.