1. Environmental
Assessments:
Phase I/II
Environmental
Site Assessments

2. Environmental Assessment
Process
 Identify environmental risks before
property transfer
 Understand full extent of contamination
and consider future steps to cleanup
 Avoid responsibility for cleanup under
CERCLA as an “innocent landowner”

3. Phase I ESA
 Review of potential
contamination at site
 Environmental
consultants conducts:
 Review of records
 Site inspection
 Stakeholder interviews
 Produces report
outlining data and
potential
contamination findings

4. Environmental Due Diligence
 Phase I ESA fulfills the U.S. EPA’s “All
Appropriate Inquiry” rule
 2002 Brownfields Amendment liability
protections for property owners who conduct all
appropriate inquiries past and present uses of
contaminated property
 Satisfaction of AAI rule protects prospective
purchasers and adjacent landowners from
CERCLA liability
 Usually required for commercial property
purchases and major expansions

5. Phase II ESA
 Recognized
Environmental
Condition (REC)
identified during Phase I
 Requires further
evaluation
 Site-specific sampling
and analysis to define
type and extent of
contamination
 Cleanup
recommendations

6. Response Action Plan
 When contamination is
adequately
characterized, cleanup
plan developed
 RAP: plan for cleanup
and managing
contamination during
construction activities at
properties under
development
 Summarizes findings of
Phase I/II ESA and
proposes plans for
decontamination and
mitigation of
recontamination

7. Summary of Environmental Assessment
Phase I
history and operations
Phase II
environmental investigation
complete?
Response Action Plan
risk-based cleanup
no
yes

8. Contacts for More Information
 MPCA
 http://www.pca.state.mn.us/
 651-296-6300
 MPCA Brownfield Programs
 http://www.pca.state.mn.us/index.php/waste
/waste-and-
cleanup/cleanup/brownfields/index.html
 651-296-7212