A Phase I Environmental Site Assessment (ESA) is the first step in determining the potential presence of any environmental liabilities before a commercial real estate transaction. The standards for a Phase I ESA have been established by the American Society for Testing and Materials (ASTM) to address the “All-Appropriate-Inquiry” (AAI) aspect to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
At KBE, we work with our clients to customize an approach to identify all Recognized Environmental Conditions and provide detailed evaluations to identify environmental risks and solutions. KBE's vast experience is crucial when it comes to due diligence and satisfying all commercial lending requirements.
A Phase II Environmental Site Assessment (ESA) is sometimes required when a Recognized Environmental Condition (REC) is discovered during the Phase I ESA process. A Phase II ESA is typically a subsurface investigation and generally includes collecting soil and/or groundwater samples for laboratory analysis to identify the presence or absence of chemicals of concern due to existing and/or historical operations on the commercial property or from offsite sources. The assessment can also include investigation of surface water, soil and sub-slab vapor, and sediments.
At KBE, our environmental professionals are highly experienced in the requirements of Phase II ESAs and applicable regulatory compliance programs. KBE focuses on thorough planning to provide cost-effective results and solutions.
When an accidental discharge or release of petroleum products, hazardous substances, industrial solid waste, or other substances occurs resulting in a release to the environment in the State of Texas the cleanup of the spill and impacted media must be performed in accordance with the Texas Administrative Code (TAC) 327 (Spill Prevention and Control). If the response actions take longer than 180 days and/or the media cannot be remediated to pre-spill or background conditions, the responsible party must clean up the spill according to TAC 334 (Underground and Above Storage Tanks) or TAC 350 (Texas Risk Reduction Program).
KBE’s team has provided spill response management for numerous clients including insurance companies, petroleum marking and transportation, PST facilities, and oil and gas. We are proficient in determining impacts to the environment and the extent of damage immediately following a spill. KBE’s spill management skills is a critical factor in stabilizing the site conditions and controlling the cost of remediation.
The KBE team can provide the equipment and personnel to excavate impacted soil and/or sediment requiring offsite disposal at a regulated landfill. The scope of work may include in-situ sample collection and/or stockpiling for waste characterization purposes, laboratory testing, waste management, hauling, transportation, and disposal.
KBE's team has provided excavation, transportation, and disposal services for numerous clients including petroleum marking and transportation, PST facilities, oil and gas, and commercial/industrial facilities. We provide proven experience to deliver timely, practical, and cost-effective solutions for the disposal of excavated materials.
When a petroleum storage tank (PST) system is removed or closed-in-place in the State of Texas, the services must be performed in accordance with Texas Administrative Code 334 (Underground and Above Storage Tanks) and the Texas Commission on Environmental Quality (TCEQ) Remediation Division Regulatory Guidance Document 411.
The KBE team can provide the expertise in PST system removals and assessments necessary for regulatory closure. At KBE, our team of environmental professionals can provide a high level of experience with the TCEQ PST Program and knowledge of the local and state regulations to deliver solutions that are timely, practical, and cost effective.
In Texas, when a release from a petroleum storage tank (PST) has been confirmed, risk-based corrective action (RBCA) within the TCEQ Leaking Petroleum Storage Tank (LPST) Program is required in accordance with Texas Administrative Code 334 (Underground and Above Storage Tanks) to identify potential risk to human health and the environment. The RBCA process begins with a risk-based assessment, screening, development of target concentrations levels of chemicals of concern, remediation (if necessary), and regulatory closure.
KBE, a licensed Geoscience Firm with the State of Texas and a Registered Corrective Action Specialist with the TCEQ, provides proven experience to deliver timely, cost-effective, and practical solutions to achieve regulatory closure for LPST sites.
The Texas Risk Reduction Program (TRRP) provides guidance and procedures for investigating releases of chemicals of concern that threaten or affect soil, groundwater, surface water, or sediment. If a site is subject to TRRP, a risk-based assessment must be performed in accordance with Texas Administrative Code 350. The assessment involves a methodical decision-making process used to determine actual or likely human and/or environmental risk of exposure to a chemical release and determine appropriate remedial actions in response to the release.
Navigating through the complexities of TRRP can be challenging. At KBE, we have performed numerous risk-based site investigations, developed site-specific protective concentration levels, determined remedy standards, developed response objectives, prepared Affected Property Assessment Reports, prepared and implemented Response Action Plans, and completed other TRRP reporting documents.
The VCP is part of the Texas Commission on Environmental Quality (TCEQ) Brownfields Initiatives. The VCP provides incentives to encourage remediation of a site by removing the liability of future landowners and lenders, and encourages timely and efficient response actions for regulatory closures.
At KBE, we have assisted many clients with the VCP application process and successfully completed VCP projects in a timely manner resulting in many unused and under used properties that have been restored to beneficial use.
The IOP is part of the Texas Commission on Environmental Quality (TCEQ) Brownfields Initiatives. The IOP, a redevelopment tool, provides a certificate to an innocent owner or operator if their property has been contaminated by a release of chemicals of concern from a source not located on their property.
At KBE, we have assisted property owners/operators with the IOP application process and effectively proven the owners/operators did not cause or contribute to the contamination of their property and successfully obtained certificates from the TCEQ.
The TCEQ IHW corrective action program oversees the cleanup of sites contaminated from industrial and municipal hazardous and industrial nonhazardous wastes. The goal of IHW is to assess and remediate the affected media to protect human health and the environment and facilitate revitalization of contaminated properties.
KBE, a licensed Geoscience Firm with the State of Texas, provides proven experience to deliver timely, cost-effective, and practical solutions to achieve regulatory closure for IDW Corrective Action Program sites.
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