Phase I Environmental Site Assessments (ESAs) are typically required for commercial real estate transactions in Newark, New Jersey. A Phase I ESA is a process that identifies and assesses potential environmental concerns associated with a property. The goal of a Phase I ESA is to identify any recognized environmental conditions (RECs) that could impact the property’s value or future use.
RECs are defined as “the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property:
Phase I ESAs are conducted in accordance with the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM E1527-13).
If RECs are identified during a Phase I ESA, the report will recommend further investigation (Phase II ESA) to determine the nature and extent of the environmental concern. Phase II ESAs typically involve the collection and analysis of environmental samples (soil, groundwater, soil gas, etc.).
In addition to the ASTM E1527-13 standard, Phase I ESAs in New Jersey may also be required to comply with the New Jersey Department of Environmental Protection’s (NJDEP) Technical Requirements for Site Remediation (N.J.A.C. 7:26E). The NJDEP’s Technical Requirements for Site Remediation provide additional guidance on the scope of work required for Phase I ESAs in New Jersey.
There are a number of resources available to help you learn more about Phase I ESAs. The following resources may be helpful:
