Month: December 2016

ASTM E50 Committee Convenes on E1527 Revisions

On Wednesday, April 18, an ASTM E50 task group consisting of environmental consultants, lenders, attorneys, EPA and other interested parties met in Phoenix, AZ to discuss revisions to the ASTM E1527-05 Phase I Environmental Site Assessment Standard. The last time the standard was updated was in 2005, when EPA released the details of its All Appropriate Inquires Rule, which cites the current standard as “at least as stringent” as EPA’s rule. According to ASTM bylaws, standards must be updated and reissued every eight years to avoid sun-setting and becoming invalid. A task group formed in 2010 and has since issued two revised versions to sub-committee voting.

In the most recent draft of the standard, the task group has proposed several changes to the standard, most intended to be clarifications rather than changes to industry practices. These proposed revisions include:

  • Clarification about when an Agency File Reviews should be conducted as part of a Phase I ESA. The task group’s goal is to create greater consistency without adding undue burden on professionals.
  • Introduction of a new term, Controlled Recognized Environmental Condition, which would cover past contamination to soil and groundwater that has previously been remediated. A CREC would be distinct from a Historical Recognized Environmental Condition (REC) and a REC.
  • Reference to the ASTM E2600-10 Vapor Encroachment Screening Standard and explanation that vapor plumes should be treated as any other source of contamination would be treated within the Phase I ESA.

Commercial Lenders Put More Emphasis on Environmental Due Diligence

Commercial real estate lenders are putting more emphasis on environmental due diligence now than ever before, according to two surveys conducted by EDR in August 2007 and January 2008. Banks conduct environmental due diligence primarily to protect their bottom lines from collateral loss and protect their institutions from the direct liability associated with environmental issues.

Innocent Landowners Defense Under CERCLA Regulations

In order for a property owner to claim the “innocent landowners defense” under the CERCLA regulations they must first complete “due diligence” when investigating the environmental history of a piece of property. Persons who complete this due diligence must be properly certified and have adequate experience to do this type of investigation. These studies must also comply to the ASTM E 1527-00 standard for environmental site assessments as well as the new EPA rule of “All Appropriate Inquiry” standards made into law on January, 2002. Cutting corners when choosing your environmental professional could leave you unable to use the innocent landowners defense under CERCLA and financially responsible for any environmental contamination discovered on your property.

New Regulations for Commercial Property Owners

Beginning November 1, 2006, every commercial real estate transaction will be subject to new federal regulations that real property purchasers conduct a comprehensive non-intrusive environmental site-assessment. Although it has long been prudent practice to obtain a Phase I report, the new federal rules now make it mandatory to qualify for one of the CERCLA defenses.

Radon Levels Linked to Lung Cancer Deaths

The National Academy of Sciences estimates that Radon causes 15,000 to 22,000 lung cancer deaths in this country each year. The primary source of high levels of Radon in homes is the surrounding soil. The EPA estimates that one in 15 homes across the United States has elevated levels of Radon and no area of the country is free from risk. When choosing a Radon inspector be sure that they are properly certified and have adequate experience to do this type of work. The EPA has established a set of inspection and remediation guidelines to be followed when properly completing this type of work.

Many Types of Fungi Can Cause Indoor Air Quality Problems

PRLog (Press Release) – Jun 06, 2011

Over the past decade there have been numerous media reports about Stachybotrys chartarum that have often referred to it as “toxic mold”.  These stories have made headlines in the country’s newspapers, magazines and television programs.  Stachybotrys chartarum is a greenish-black mold that can be found in properties with water damage or highly elevated humidity levels.   It grows on common materials found in buildings that contain a high cellulose and low nitrogen content.  Growth occurs when there is moisture from water damage, excessive humidity, water leaks, condensation, water infiltration or flooding.

The term “toxic mold”, used by many media reports is not accurate, unless the fungi are actually tested to see if they are producing toxins.  While certain molds are toxigenic, meaning they can produce toxins (mycotoxins), the molds themselves are not toxic, or poisonous and do not always appear to produce toxins.  Another thing that is rarely mentioned in the media reports is that Stachybotrys chartarum is just one of numerous species of fungi that can produce these mycotoxins.

The mere presence of these fungi does not mean they are producing mycotoxins.  None the less, when these molds are found at elevated levels in the indoor environment they need to be addressed.

“Perhaps the most common problem caused by high levels of fungi in homes, schools and offices is their ability to cause allergies and trigger asthma,” stated Susan White, Ph.D., CMC, President of Sussex Environmental Health Consultants (SEHC), a Delaware based environmental consulting firm.  “Mold growing in homes and buildings, whether it is Stachybotrys chartarum or other molds, indicates that there is a problem with water or moisture. Failure to address any moisture problems will simply allow the mold to come back,” she continued.

Pittsburg Residents Suing Apartment Owner Over Mold

Contra Costa Times

Tenants of an apartment complex here are suing their management company over claims that it failed to remove mold that made them sick. About 30 residents of Portofino Apartments on Loveridge Circle are signing onto a lawsuit, said attorney Bob Levin, against management company Riverstone Residential Group, citing poor living conditions and retaliatory responses to complaints. Levin said he plans to file the suit “within the statutory period,” once he meets with all prospective plaintiffs. The common thread among the tenants’ complaints is allegations of mold growing on walls, in carpet, and in windowsills and doorjambs. Other complaints include cockroach and rodent infestations, broken heating and air conditioning systems, and faulty smoke detectors. Residents say their concerns have been ignored, and instead were met with eviction threats. “I have investigators looking into other aspects of this,” said Levin, who is considering seeking class-action status. “I don’t know how far this thing’s going to go.”

Chinese Drywall Linked to Corrosion

Federal investigators reported on Monday that a “strong association” exists between chemicals in Chinese drywall installed in thousands of homes during the housing boom and electrical problems in those homes. In addition, investigators said that the drywall was a possible cause of respiratory problems reported by homeowners, brought on by hydrogen sulfide gas emitted from the imported drywall in combination with formaldehyde, which is common in new homes. The finding, released by the Consumer Product Safety Commission, is the second in a series of progress reports on a widespread investigation into complaints by homeowners that their newly built homes were giving off a rotten egg odor and causing respiratory problems, and that appliances and electrical systems were failing quickly. More than 2,100 homeowners, mainly in Florida, Louisiana and Virginia, have complained to the government of problems with their homes.

Those three states experienced a home construction boom after devastating hurricanes. With domestic sources of drywall running low a few years ago, many home builders turned to imported drywall from China, which investigators now say is linked to many of the homeowners’ problems. The report found that Southern homeowners were particularly vulnerable. The problems were brought on by a higher-than-normal level of hydrogen sulfide, worsened by high humidity, high temperatures and poor air circulation in highly air-conditioned homes.

Dehumidifiers Not the Only Solution for Mold Problems

Sep 14, 2009 – People who want to fight mold problems around their home can start by investing in a good dehumidifier. However, that’s not the only strategy to follow when trying to maintain indoor air quality and fight off mold and mildew. A recent article in the Palm Beach Post focuses on the importance of keeping one’s air conditioning ducts cleaned. The report warns that some “fly by night” companies have been advertising in the area, offering dubious value for their services, and in some cases, unnecessary features that purport to target mold and other problems. One local business owner, Sidney Talavera, told the Post that a reputable company will charge between $400 and $1,000 to clean ducts in a house as large as 2,000 square feet. He also says that a home’s vents should be cleaned every five years.

Overall, dirty or clogged vents can be a source of air quality problems because they allow a way for mold spores and other contaminants to be spread throughout an entire home. Otherwise, such problems may be more confined to moisture prone areas like the basement. While proper ventilation maintenance is important, many homeowners also find a dehumidifier or other energy efficient air purifiers to be useful.

Former Tenant Sued for ‘Tweeting’ About Mold

CHICAGO – A Chicago real estate management company is suing a former tenant for defamation for complaining on Twitter about mold in her apartment. Horizon Group Management filed the lawsuit against Amanda Bonnen, the former tenant, on Monday in Cook County Circuit Court and is seeking at least 50,000 dollars in damages. Horizon, in its suit, said that on May 12, Bonnen wrote a “false and defamatory” message on the micro-blogging service. “Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it’s okay,” said the “tweet” sent from Bonnen’s since-discontinued account at @abonnen. Horizon said the statement was “wholly false” and had “greatly injured” its reputation as a landlord in Chicago.

-AFP