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Athenica Advocate
March 2019

Is Your E-Designation Site In Compliance?

Do you own or manage a property with a New York City E-Designation for which the remediation program included engineering controls, such as an active Sub-Slab Depressurization System? If so, there is likely a Site Management Plan that was put in place for the property, with the requirement that the engineering controls be inspected and certified by a New York State-licensed Professional Engineer on an annual basis. A report documenting the inspection and certifying that the engineering controls are operating properly and continue to be protective of human health and the environment, must be submitted to the New York City Office of Environmental Remediation (NYCOER) by July 31st of each year. Potential penalties for non-compliance include revocation of the Notice of Completion/Notice of Satisfaction that was issued by NYCOER. Athenica can assist you to stay in compliance, by conducting the required certification and submitting the required report on your behalf, even if we did not design or install the engineering control systems for you.

In addition, if your active engineering controls have been in place for a while, Athenica can assess whether the systems can be converted into passive systems. This would involve a review of the Site Management Plan and as-built drawings for the engineering control systems, as well as sampling to determine current environmental conditions at the property. If the results are amenable, a request can be made to NYCOER for approval to convert the active engineering control systems. If accepted by NYCOER, this provides a possible opportunity for removal of the E-Designation and associated inspection requirements, as well as any deed restriction associated with the E-Designation for the property, which will provide a financial benefit by eliminating O&M costs, and may also increase the property’s value. Please contact Kenneth Wenz, Senior Project Manager in our HazMat division, for more information.

Athenica Attends Presentation On Proposed Changes To ASTM Phase II ESA Standard

On March 9, three members of the Athenica’s HazMat division participated in a presentation on proposed updates to ASTM E1903, “Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process”, which was last revised in 2011. The presentation was given by Christopher P. McCormack, at the City College of New York. Mr. McCormack is a practitioner of Environmental Law, a member of ASTM Committee E50 on Environmental Assessment and Risk Management, and chairs the ASTM Task Group responsible for revising this ASTM Standard Practice.

The presentation included a review of “All Appropriate Inquiry” and its potential benefit to buyers, sellers, lenders and insurers, for liability protection, as well as the potential limitations on property use scenarios due to environmental issues. The presentation also described the process by which updates are made to the ASTM documents, as well as a discussion of the modifications that have recently been proposed for ASTM Standard Practice E1903. While the majority of these revisions represent new phrasing and additional terminology that will provide clarity and reduce ambiguity during implementation of this standard practice, updates to the Phase II scope and purpose have also been included. For example, the new standard practice will provide further emphasis on vapor intrusion issues; will require assessment of the behavior, fate and transport characteristics of substances released or possibly released; and will include assessment of spatial and temporal dynamics influenced by environmental and anthropogenic factors as part of the site conceptual model and sampling plan.

Athenica will continue to monitor revisions to the regulatory requirements and guidance documents that drive investigation and remediation programs, to ensure that all of our projects are in compliance with the latest regulatory and industry standards. For more information on how we can assist with your Environmental Site Assessment needs, please contact Kenneth Wenz, Senior Project Manager in the HazMat division.