The most important part of a Phase I is to answer this seemingly easy question.  Is it an REC or not.  For those that don't know an REC is a recognized environmental condition.  The ASTM define an REC as "the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into ground, ground water, or surface water of the property."  The mere presence of a hazardous substance is not an REC.  The hazardous substance must have leaked or is in danger of leaking.

Too often Phase I ESAs will state that an underground storage of petroleum is an REC.  Unless the tank has records indicating a leak this should not be an REC.  When determining if an environmental condition is an REC I usually ask myself if this condition has or could harm human health or the environment.  Would the condition be subject to regulatory actions.  If either of these is true than the condition is most likely an REC.

 

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