Completing a Phase I Environmental Site Assessment
A variety of federal grant programs are available in Alaska. Many of these grant programs are administered in partnership with the State of Alaska. Often federally funded projects are awarded through the State. When implementing a federal grant involving the acquisition of land when title or any interest in land vests with the State, the State will require that the proper due diligence is conducted to ensure that liability to the State is minimized. A "Phase I Environmental Site Assessment, All Appropriate Inquiries" report is required for each parcel.
WHY? To avoid being held potentially liable for the cleanup of contamination, a prospective property owner must comply with the statutory requirements for obtaining the innocent landowner, contiguous property owner or bona fide prospective purchaser liability defenses through the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). Among these is the requirement to, prior to the date of acquisition of the property, undertake "all appropriate inquiries" into prior ownership and uses of a property. These requirements are applicable to any public or private party who may potentially claim protection from CERCLA liability as an innocent landowner, prospective purchaser, or contiguous property owner. Additionally, under State law, AS 46.03.822 provides an opportunity for similar protection to those who perform reasonable due diligence prior to acquisition.
The ASTM standard is the most prevalent industry standard and was developed in conjunction with the development of EPA's final rule setting federal standards for the conduct of all appropriate inquiries. ASTM E1527-05 is consistent with EPA's final rule and should be used to comply with the provisions of the all appropriate inquiries final rule. The following documents may assist in securing Phase I Site Assessments that meet State and Federal requirements.
For Assistance:
Forest Legacy contacts: Carol Fries or Steve Neel.
NOAA CELCP contact: Gina Shirey-Potts
Nat'l Coastal Wetlands contacts: Ellen Simpson or Carol Fries |
All appraisals must be developed and reported in compliance with the Uniform Standards for Professional Appraisal Practices (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions, 2000 (UASFLA, Yellow BK 2MB )
The appraiser must have taken a Yellow Book course and be approved by the State. The State will review appraisal instructions.
HAZMAT Assessments
The State requires a Phase I Environmental Site Assessment adhering to ASTM Practice E1527-05 Standard Practice for Environmental Site Assessments and in compliance with CERCLA 42 USC 9601(35)(B)
Baseline Documentation
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