Risk Assessment

Finally, Relief from Overly Restrictive Vanadium Standards in Soil

March 31, 2022

As we have detailed in previous newsletters during the past two years, many Pennsylvania site development projects requiring the import or export of soil from one property to another have been derailed by the presence of Vanadium in the soil. This problem was caused by changes in the PADEP’s Management of Fill Policy in January 2020, which included the reduction of the clean fill standard for Vanadium from 1,500 mg/kg to 15 mg/kg in soil. This concentration is substantially less than naturally occurring background levels typically found in soils in this region. Due to the massive number of site remediation and development projects that were stalled as a result of this change, the PADEP recognized the problem, worked with many stakeholders, and has now published a new interim-final Technical Guidance Document (TGD) to address background Vanadium concentrations in soil.

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New Phase I ESA Standard Redefines “Recognized Environmental Condition”

January 26, 2022

Through November of 2021, over 300,000 Phase I Environmental Site Assessment (ESA) Reports have been prepared in the United States in connection with the sale, purchase, financing, and development of commercial real estate. The primary purpose of conducting a Phase I ESA is to identify whether there are Recognized Environmental Conditions (RECs) in connection with a property being investigated.

With the release of its updated Standard Practice, ASTM E1527-21, the American Society of Testing and Materials (ASTM) offered several significant changes. One of the most overlooked yet potentially significant changes involves the definition of a REC.

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How Can a Human Health Risk Assessment Benefit You?

November 2, 2021

The benefits of performing a Human Health Risk Assessment (HHRA) are often underestimated or overlooked entirely when landowners or even potential landowners are making decisions regarding an appropriate path forward for their Site. Whether it’s during a Phase II Environmental Site Investigation (ESA) or through a Pennsylvania Department of Environmental Protection Agency (PADEP) Land Recycling Program (Act 2) Cleanup, HHRA’s can be a time- and cost-effective tool for ensuring that current and/or future receptors are protected from contaminated media.

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5 Questions to Avoid Risk-Related Pitfalls on Your Environmental Cleanup Project

July 21, 2021

For landowners looking to pursue relief of environmental cleanup liability under the Land Recycling (Act 2) Program or remediate a storage tank release, conducting a Risk Assessment early in the process can reduce or eliminate the need for costly remediation, capping, or other engineering controls. Risk Assessments do, however, have specific requirements that are frequently overlooked in the project planning phase.

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Vanadium is in your soil. What does this mean for you?

June 9, 2021

Vanadium is a naturally occurring metal that is present in all soils across Pennsylvania. Unfortunately, the Pennsylvania Department of Environmental Protection (PADEP) recently lowered Vanadium’s residential Statewide Health Standard (SHS) in soils to 15 mg/kg. This concentration is 2 to 6 times less than typical background concentrations in our area. This same standard also carries over to Pennsylvania’s Management of Fill Policy, resulting in virtually any soil being unusable as clean fill if it is analyzed for Vanadium. What does this mean for you?

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