Roux Blog

Amendments to the Massachusetts Clean Up Regulations Coming Soon

Posted on Apr 22, 2014 6:44:00 PM

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Massachusetts Amended Clean-Up Regulations Help Promote Brownfield Redevelopment Projects

As noted in a recent Boston Globe editorial, amendments to the Massachusetts clean up regulations may help promote redevelopment of Brownfield sites.  The Massachusetts Contingency Plan (MCP) amendments which are intended to "enhance program efficiency while maintaining a high standard of environmental protection" may be published as soon as the end of April 2014 in the Massachusetts Register.  Also included will be Massachusetts Department of Environmental Protection's effective dates for the various provisions.  Click on the Boston Globe logo below to read the full article.

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Roux Associates' experts and team of Massachusetts LSP's have been providing environmental services at Brownfield sites at urban, suburban, rural commercial and industrial properties in Massachusetts and across the United States for over 30 years.  If you would like more information or are interested in a tailored technical brownbag presentation to help you and your organization understand how the amendments to the MCP may affect your projects click below or call 781.569.4000 and ask for Mitch:

Brownfields/Due Dilgence Services Information

 

Topics: Brownfields, Massachusetts

The Durst Organization Receives BCP Certification

Posted on Jan 30, 2014 11:50:00 AM

Brownfields

Roux Associates is pleased to have collaborated with The Durst Organization to conduct a Track 1 Unrestricted remediation of the Mid Block #57 Project under the New York State Brownfields Cleanup Program. Durst has received a Certificate of Completion from the New York State Department of Environmental Conservation to document approval of the Final Engineering Report, enabling construction of a 711-unit 80/20 residential building on West 57th Street between 11th and 12th Avenues. The remediation, designed and supervised by Roux Associates, included soil excavation and in-situ groundwater

The building is designed by renowned Danish Architect firm BIG-Bjarke Ingels Group and is their inaugural North American project. The unique shape of the building will reshape New York City’s skyline and provide sweeping views of the Hudson River. We are honored to be a part of the redevelopment team for this project.

Roux Associates, Inc. is a professional services firm providing a broad range of consulting and project management services to solve complex environmental issues associated with air, water and land. We have been providing these services to an impressive list of clients nationwide for over 30 years through six offices, which are located in California, Illinois, Massachusetts, New Jersey and New York.

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Topics: Brownfields

US EPA Recognizes & Recommends ASTM 1527-13 Environmental Site Assessment Standard

Posted on Jan 6, 2014 10:37:00 AM

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It’s official.

After months of delays, rumors and speculation, the US EPA has acknowledged that the newly revised ASTM Environmental Site Assessment standard, known as E1527-13, is consistent with the All Appropriate Inquires (AAI) rule. As described in the December 30, 2013 Federal Register announcement, the US EPA amended the AAI rule to reference ASTM E1527-13 as compliant with the standards and practices required to qualify for certain CERCLA liability protections as well as Brownfields grants. In fact, the US EPA now “strongly encourages” and “recommends that environmental professionals and prospective purchasers” use ASTM E1527–13 when conducting AAI compliant Phase I Environmental Site Assessments to identify releases and threatened releases of hazardous substances at commercial and industrial properties.

It is worth noting that while the newly amended AAI rule does not remove reference to the previous ASTM standard (E1527-05), “the Agency’s intent will be to promote the use of the current industry standard and reduce confusion associated with the regulatory reference to a standard no longer recognized as current by ASTM International and no longer marketed by the standards development organization." The US EPA will publish an additional proposed rulemaking to remove the reference to the ASTM E1527–05 standard in the AAI rule sometime in the near future.

Click here for a copy of the Federal Register announcement

Is this a game changer for prospective purchasers seeking liability relief? Technically, no, as the AAI rule remains unchanged and the ASTM’s updated standard only includes “clarifications” and “additional guidance”. However, the “additional guidance” included in the revised ASTM standard emphasizes the need for regulatory agency file and records reviews as well as an assessment of vapor migration that many “Phase I shops” failed to fully consider as a cost saving measure. Interestingly, the US EPA felt it necessary to include an option to “examine the need to further modify the All Appropriate Inquiries Rule (40 CFR part 312) to explicitly require the types of enhanced activities provided for in the updated ASTME1527–13 standard” if these “enhanced activities” are not “being widely adopted”.

Some of the other clarifications and enhancements include:

  • Updated REC definition to be more aligned with AAI requirements;
  • Updated HREC definition to limit the application of HRECs to past releases that have been addressed to unrestricted residential use;
  • Addition of a CREC definition (controlled REC), used for risk-based closures, where contaminants were allowed to remain under certain conditions;
  • Clarification that “de minimis condition” is not to be used to describe a CREC;
  • New definition for “release” and “environment” to better align with CERCLA definitions;
  • New discussion about specific LLP and Brownfield Grantee “User” requirements;
  • Added language to allow non-significant changes to conclusion statement; and
  • Updated non-binding appendices including a revised Legal Appendix and added a “Business Environmental Risk” Appendix to provide references and resource guidance for common Business Environmental Risk issues.

To view the new standards click here.

Roux Associates’ experts have been providing Due Diligence and Phase I services across the United States for over 30 years at urban, suburban and rural commercial and industrial properties. If you would like more information or are interested in a tailored technical brownbag presentation to help you and your organization understand how the amended AAI rule and updated ASTM standard may affect your business click below:

Request For More Info >

Roux Associates, Inc. is a professional services firm providing a broad range of consulting and project management services to solve complex environmental issues associated with air, water and land. We have been providing these services to an impressive list of clients nationwide for over 30 years through six offices, which are located in California, Illinois, Massachusetts, New Jersey and New York.

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Topics: Brownfields, ASTM

ASTM International Approves Latest Revisions to Standard for Phase I Environmental Site Assessment Process

Posted on Nov 8, 2013 10:21:00 AM

The American Society of Testing Materials (ASTM) has just released the fifth update to the Phase I Environmental Site Assessment standard (E 1527) that will include significant changes clarifying and expanding the Phase I process.

For more inforamtion click below:

ASTM E1527

If you are interested in learning more about the above topic contact Roux via the button below to request a technical brown bag tailored to your needs.

Request For More Info >

Roux Associates, Inc. is a professional services firm providing a broad range of consulting and project management services to solve complex environmental issues associated with air, water and land. We have been providing these services to an impressive list of Fortune 500 and public sector clients nationwide for over 30 years through six offices, which are located in California, Illinois, Massachusetts, New Jersey and New York.

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Topics: Brownfields

Roux California Happenings

Posted on Oct 31, 2013 10:57:00 AM

 

Join Roux Associates on November 7th at the LA County Bar Association Environmental Law Fall Symposium, where Mauricio Escobar, Principal Geologist, will be moderating a vapor intrusion panel titled: 

“Vexing Vapors: How Evolving Vapor Intrusion Guidance Can Impact your Practice”

The panel will discuss how recent vapor intrusion developments, as well as the new Phase 1 due diligence standard, may change the way practitioners and risk managers approach the evaluation of uncertainty and risk in both transactions and litigation. The evolving science of vapor intrusion, regulatory uncertainty, and inconsistent agency interpretations are leading to increased transactional and development costs, heightened perceived risk, and lengthened cleanup time lines. These factors may lead to risk uncertainty and a wave of litigation.  For event information click below:

Event Info >

If you are interested in learning more about the above topic or cannot attend the event contact Roux via the button below to request the presentation and/or to schedule a technical brown bag taliored to your needs.

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Brownfields Update

On October 5, 2013, Governor Brown signed AB 440, authored by Assembly Member Mike Gatto, that will reinstate, expand and improve the important Polanco tools that were vital to many brownfield successes prior to the dissolution of redevelopment agencies.  On October 27th, the DTSC Assistant Deputy Director for the Brownfields and Environmental Restoration Programs said that DTSC is preparing for the first Gatto-Act submissions in early January 2014.  Roux Associates is helping Cities and Developers prepare for how this important law will re-start brownfields redevelopments.

If you are interested in learning more about the above topic contact Roux via the button below to request a technical brown bag tailored to your needs.

Request For More Info >

Look Who Joined Roux

Roux continues to expand its national expert witness and litigation support capability as Dr. Adam Love joins Roux in its San Francisco office as Principal Scientist. Adam has 15+ years of domestic and international experience in environmental forensics and contaminant fate and transport. Prior to joining Roux, Adam led the Environmental Forensics and Allocation practice area at Johnson Wright Inc. where he provided clients in the public and private sector with the technical information needed to make decisions with confidence. He has been asked to provide expert technical guidance for state legislative actions and federal advisory panels regarding a range of traditional and non-traditional environmental hazards. His work on private party and CERCLA/RCRA litigation related projects has involved petroleum (crude oil, diesel, and gasoline), solvents (PCE, TCE, TCA, 1,4 dioxane), pesticides, PCBs, radionuclides and heavy metals, as well as non-traditional threats. Adam holds a Bachelor’s degree in Geoscience from Franklin & Marshall College, a Master’s degree in Material Science and Mineral Engineering from UC Berkeley, and a Doctorate degree in Environmental Engineering from UC Berkeley.

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Topics: Brownfields, California

Breaking Regulatory / Market Environmental Developments

Posted on Aug 21, 2013 4:25:00 PM

Roux Associates has recently given several brownbag presentations to leading law firms and private sector clients to track important regulatory and/or market developments relating to:

We also are closely monitoring the progress of Senate Bill 470 (Wright) in relation to potential re-institution of former Polanco powers that may kick start California Brownfields developments in the aftermath of the 2011/2012 dissolution of California redevelopment agencies.

If you are interested in learning more about any of the above topics and/or would like a technical brownbag tailored to your needs, please click below:

 

Learn More About Roux

 


Brownfields Redevelopment

California Brownfields Services Update

Roux Associates has been leveraging our decades of high-profile large brownfields project experience earned in the crucible of the New York market to assist our developer, property owner, municipal, and attorney clients in California.  Through our numerous real estate Clients, we have been active participants in the increased real estate activities spurned by the slow, but gradual economic recovery in California. We are actively working on several distressed and under-utilized properties, putting them back to safe and beneficial uses by providing such services as, traditional due-diligence (Phase I/II), vapor barrier design, vapor intrusion assessments, agency negotiations; and active remediation of historical contaminants.

 
 

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Roux Welcomes Darby Cutler

Darby Cutler has joined the Roux Associates Los Angeles office as the Business Development Manager. Darby’s areas of experience include marketing, management, market research, project management, and recruiting. Prior to joining Roux Associates, Darby was the product marketing and merchandising manager for a private medical office in Southern California, where she developed and executed strategic marketing programs to increase clientele and maximize sales. Darby holds a B.S. degree in Health Science from Cal State Fullerton University.

Topics: Brownfields, California

California Brownfield Redevelopment Services Update

Posted on Aug 9, 2013 3:09:00 PM

 

Roux Associates has been leveraging our decades of high-profile large-brownfields project experience earned in the crucible of the New York market to assist our developer, property owner, municipal, and attorney clients in California.  Through our numerous real estate clients, we have been active participants in the increased real estate activities spurned by the slow, but gradual economic recovery in California.  We are actively working on several distressed and under-utilized properties, putting them back to safe and beneficial uses by providing such services as traditional due-diligence (Phase I/II), vapor barrier design, vapor intrusion assessments, agency negotiations, and active remediation of historical contaminants. 

If you are interested in learning more about Roux Associates Brownfield Redevelopment / Due Diligence Services please click below:

 

Learn More About Roux

 


Topics: Brownfields, California

ASTM Phase I Significant Changes Are Ahead

Posted on May 15, 2013 4:29:00 PM

During the next few months The American Society of Testing Materials (ASTM) will release the fifth update to the Phase I Environmental Site Assessment standard (E 1527) that will include significant changes clarifying and expanding the Phase I process. The most noteworthy changes that will affect Environmental Professionals (EP) and end users of Phase I reports are summarized below.

Recognized Environmental Conditions

Recognized environmental conditions (RECs) have been at the core of ASTM E 1527 since its inaugural adoption in 1993.  The 2013 update revises the definitions of RECs and Historic RECs (HRECs) and adds Controlled RECs (CRECs) to the standard.

  • RECs (presence or likely presence) - The definition of RECs has remained unchanged since 1993 and the 2013 update streamlines the definition to better mimic the USEPA’s All Appropriate Inquiry (AAI) rule to eliminate ambiguities.

  • Historic RECs – The definition of HRECs has been revised to better characterize past releases of hazardous substances or petroleum that has been adequately addressed through remediation or other risk based measures to meet unrestricted use criteria.

  • Controlled RECs – A CREC is associated with past releases of hazardous substances or petroleum that have been addressed according to prevailing regulations and allowed to remain in place through the implementation of use restrictions and / or engineering controls.

Vapor Migration

In another significant change, the 2013 Phase I standard now explicitly recognizes subsurface vapor migration pathways.  Consequently, EPs will now be required to evaluate vapor migration the same as impacted groundwater migration. 

Agency File Review

The proposed standard includes agency file reviews.  Specifically, the update instructs EPs to conduct agency file reviews for the target or adjoining properties that are identified in the environmental database search. 

Status

The US EPA is currently reviewing the proposed update and is expected to issue a ruling that it is compliant with the AAI rule during the Summer of 2013 at which time ASTM will replace the current E 1527-05 standard with the updated E 1527-13 standard.

Roux Associates, Inc. is uniquely positioned to assist you with your environmental due diligence and Phase I projects, as a number of our Principals are active members of ASTM committees and we have performed Phase 1 assessments at high profile projects across the country.

Roux Associates, Inc. is a professional services firm providing a broad range of consulting and project management services to solve complex environmental issues associated with air, water and land. We have been providing these services to an impressive list of Fortune 500 and public sector clients nationwide for over 30 years through six offices, which are located in California, Illinois, Massachusetts, New Jersey and New York.

To request more information, click on the button below:

Learn More About Roux

Visit Us At: ICSC RECon 2013 - Booth # 616
 
David Dixon to Speak at the: Brownfields 2013 Conference
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RECon is the global convention for the shopping center industry and provides networking, deal making and educational opportunities for retail real estate professionals from around the world. With over 30,000 attendees and 1,000 exhibitors it is the largest industry convention, making it an unparalleled opportunity to do a year's worth of business in just four days! If you are looking to meet retailers to discuss new or existing leases in your centers, view the latest industry products and services that are critical to your business, attend over 30 educational sessions or find the next deal, then you need to attend RECon. 
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Vapor intrusion (VI) has become one of the biggest concerns at Brownfield sites and a major cause for re-opening sites previously considered cleaned up. VI is much more complex than previously thought and the regulations and guidance documents for VI are constantly changing. Learn more about VI at the upcoming Brownfields 2013 Conference, Thursday, May 16 at the 4:00pm session Vapor Intrusion Concerns at Your BF Site? – ‘Soil Gas Safe’ Development as a Selling Point

Topics: Brownfields

Do You Have Vapor Intrusion Concerns at Your Brownfield Site?

Posted on May 13, 2013 9:35:00 AM

Vapor intrusion (VI) has become one of the biggest concerns at Brownfield sites and a major cause for re-opening sites previously considered cleaned up. VI is much more complex than previously thought and the regulations and guidance documents for VI are constantly changing. Learn more about VI at the upcoming Brownfields 2013 Conference, Thursday, May 16 at the 4:00pm session: Vapor Intrusion Concerns at Your BF Site? – ‘Soil Gas Safe’ Development as a Selling Point

This session features experts in the VI field like, David G Dixon, P.G., Principal Hydrogeologist, at Roux Associates Inc., who is involved with VI regulations and guidance and helping developers address VI issues. Discussions will focus on identifying VI issues at Brownfield Sites and maximizing the potential for successful ‘Soil Gas Safe’ Brownfield developments.

Roux Associates, Inc. is a professional services firm providing a broad range of consulting and project management services to solve complex environmental issues associated with air, water and land. We have been providing these services to an impressive list of Fortune 500 and public sector clients nationwide for over 30 years through six offices, which are located in California, Illinois, Massachusetts, New Jersey and New York.

To request more information, click on the button below:

Learn More About Roux

Brownfields 2013 Conference
 
Visit Us At: ICSC RECon 2013 - Booth # 616
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May 15 - 17, 2013 - Atlanta, GA

The National Brownfields Conference, co-sponsored by the U.S. Environmental Protection Agency (EPA) and the International City/County Management Association (ICMA), is the largest training and networking event in the nation focusing on environmental revitalization and economic redevelopment. The conference will bring together stakeholders in government, business, nonprofits, and academia who promote positive change in their community. Now in its 15th year, the event attracts over 5,000 attendees and 200 exhibitors for two and a half days of educational sessions, training workshops, volunteer activities, mobile workshops, film screenings and much more.

Read more >>

 
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May 19 - 22, 2013 - Las Vegas Convention Center, Las Vegas, NV

RECon is the global convention for the shopping center industry and provides networking, deal making and educational opportunities for retail real estate professionals from around the world. With over 30,000 attendees and 1,000 exhibitors it is the largest industry convention, making it an unparalleled opportunity to do a year's worth of business in just four days! If you are looking to meet retailers to discuss new or existing leases in your centers, view the latest industry products and services that are critical to your business, attend over 30 educational sessions or find the next deal, then you need to attend RECon.

Read more >>


Topics: Brownfields, California

NJDEP Issues New Vapor Intrusion Standards

Posted on Feb 6, 2013 10:46:00 AM

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January 2013 the New Jersey Department of Environmental Protection (NJDEP) issued the revised Vapor Intrusion Technical Guidance Manual and revised the vapor intrusion screening levels.

Click here to review the New Jersey Department of Environmental Protection Site Remediation Program Vapor Intrusion Technical Guidelines

The chemicals below, have been dropped from the list of substances for vapor screening due to the absence of inhalation toxicity information.

  • 1, 3-dichlorobenzene,
  • 1, 2-dichloroethene (cis),
  • 1, 2-dichloroethene (total),
  • 2-chlorotoluene,
  • and tertiary butyl alcohol (TBA)
 And, Naphthalene and 2-methylnaphthalene have been added to the tables.

Click here to view the revised vapor intrusion screening levels.

The screening levels for several substances (such as tetrachloroethene or PCE) are higher than the 2007 screening levels (good news for dry cleaning sites). This may result in situations in which cases currently classified as an immediate environmental concern (IEC) or vapor concern (VC) may be reclassified based on the new screening levels.

On the other hand, the new screening levels for some substances are lower than the 2007 screening levels. For example, the screening levels for ethylbenzene are significantly lower. This may result in reclassifying some cases as an IEC or VC.

Key to the changes is the time frame for assessing conditions at your site relative to the revised VI screening levels.

  • For ongoing sites and sites with approved remedial action work plans (RAWPs) for groundwater, the assessment must be completed by April 16, 2013.
  • For sites with restricted use remedial action outcomes (RAOs) or restricted use no further action (NFA) determinations, the assessment needs to be completed during the next biennial certification.

Roux Associates is uniquely positioned to assist you with your VI compliance needs. Our LSRPs are stakeholders on several committees with the NJDEP on guidance documents and regulations with valuable insights into the NJDEP. In addition one of our LSRP's served on the VI Screening Level Implementation Committee with the NJDEP.

To learn more about the NJDEP New Vapor Intrusion Standards contact one of Roux Associates LSRP's or click on the below link to request more information.

  • Bill Silverstein
  • Michael Gonshor
  • Kathi Stetser
  • Greg Martin
  • Thomas Buggey
  • Bill Gilchrist

 

 

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Topics: Brownfields, Insurance Support, Litigation Support, LSRP, Industrial Support, Petroleum Support