Phase I ESA or Phase II
Oil Activity and Issues on Site
Have questions about an environmental issue? Please feel free to contact Ray about any question or concern you have on your property or a listing. Remember, I only do the Phase I ESA or Real Estate Transaction screens.
I do not do Phase II type testing or Phase III remediation action requirements, so I have nothing to gain to recommend testing or other costly cleanups that may actually be unnecessary. Give me a call so we can discuss potential savings.
“It’s hard for the modern generation to understand Thoreau, who
lived beside a pond but didn’t own water skis or a snorkel.”
– Loudon Wainwright
The need for a Phase II ESA- ONLY when recommended by the Phase I ESA
A couple of times a year I get a call from a corporate entity whereby they desire a Phase I ESA investigation on a tract of land, usually a raw land tract, but they also demand a Phase II investigation. Since I do not professionally engage in the Phase II process, that is not the problem- the problem is that a Phase II investigation is only needed if the results of the Phase I calls for a specific environmental concern for additional testing or other possible cleanup. For example, say the buyer/client wants to test for radon on a raw land tract- one problem- the EPA does not recommend soil testing for radon on raw lands because radon gases have to “collect” or migrate into basements or other enclosed areas of building improvements for detection.
When taking soil samples to a laboratory for testing, you will be asked by the lab “what are we testing for”? Only if the site surface gives suspicion of significant spills by fuel use, or say underneath the area of 55 gallon drums storing waste oil or other chemicals, would you consider taking soil samples for testing. And even then, the EP should assess whether these spills (or a significant stain thereof) have leaked enough volume to warrant even being reported. For minor stains, usually just let the area bio-remediate in situ.
In sum, unless the Phase I ESA recommends that an area on the subject is suspicious of a spill or even an area of distressed or discoloration of vegetation, and you have some idea as to what may have cause such a concern, then soil testing may be warranted. Without suspicion as to some evidence due to a cause or use, Phase II ESA testing is really futile and an unnecessary expense.
ESA Terms to Know:
RRC
Texas Rail Road Commission, which is charged with supervising environmental issues regarding oil and gas production.
Fact to Remember:
Crude oil storage tanks are not required to be registered with the TCEQ. EPA does not classify crude oil as a hazardous substance, however, toss in grease or a bucket of dope into a tank or pit and now you have the mixture rule and now fall under EPA rules.