New Jersey passed legislation requiring lead inspection of rental properties by June of 2024. Before this,  residential properties had only the Federal Title X to deal with, which allowed a buyer to test for lead in building competent before purchase but did not require the owner to do anything if lead was found.  Owners also have to disclose what they know about lead, which for most properties was nothing because they never did any lead inspections.    This new legislation levels the playing field by supplying owners with lead-based data. 

Any property subject to the NJ Lead Safe Law is now providing property owners inspection reports on lead.  New Jersey lead licensing requires licensed firms to document certain facts regarding inspections nad reports.  In addition, the lead inspections have included dust wipe sampling which tests for lead, these data points are now to be disclosed to future renters and buyers. 

Let me go a step further, the law allows you to obtain a Lead Safe or Lead-Free certificate for target rental units built before 1978.    Lead safe is a never-ending loop of inspections for these properties, every 2 to 3 years.  All inspections carry a cost and the cost is greater if renovation or lead remediation is required post-inspection.  You can imagine a pre-1978 rental property that holds a Lead Free designation is more valuable as it will exempt the property from future inspections.  This golden ticket so to speak is being reached for by landlords in the form of XRF Lead Paint Inspections, which are a surface by surface testing of interior building materials.  A rental property that is two-bedroom could have 200 different tests for lead.    Statistically speaking, the age of the dwelling and painting history are huge factors in your odds of finding lead.  And yes, we are seeing lead in properties where the landlord has professed to the building being totally gutted, completely renovated, we replaced everything. Yet lead we find and a report we must supply, which the landlord must now disclose to all future renters and buyers:

Federal law requires that before signing a lease for target housing, including most buildings built before 1978, renters must receive the following from your landlord:

• An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF).
• Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building.
  • For multi-unit buildings, this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation.
• An attachment to the contract, or language inserted in the contract, that includes a "Lead Warning Statement" and confirms that the landlord has complied with all notification requirements.
  • Sample Lessor's Disclosure of Information in English (PDF) and in Spanish (PDF).

To make it simple the bolded red statement means before the NJ Lead Safe law landlords knew little about lead other than suspecting lead was present.  Well now the landlord has data points, reports, inspections data, lead wipe sampling and for those striving for LEAD FREE a map of the lead, which must be DISCLOSED.   Sometimes data sets show that lead based hazards were found, or testing found lead dust exceeding applicable standards, which can constitute a lead-based hazard.  

What you may not realize are the standards for lead dust wipe samples are very low and have only gotten lower and there is a goal that the standard should be at ZERO, for zero tolerance of residual lead.

The lead safe law is going to buildup data points these landlords/owners must disclose to renters and buyers under federal regulations. This is heavily slanted for those properties wanting to achieve a Lead-Free designation as they will undergo an XRF inspection and the lead will be mapped out in the report, which the owner must share.  More often than not when you do a Lead Paint Inspection, which tests all surfaces for Lead, you realize just how popular lead is in paint, stains, and varnishes.    This is stated because we have inspected many "Totally Gutted", and "Completely Renovated" buildings only to find lead is still present on painted and stained surfaces.

If you have to navigate a lead issue, landlord, buyer or seller, call the experts.

Lead Experts, Since 1998

888-301-1050

What is a Lead Free cert?

aka how do I get a lead free certification?

New Jersey's Lead Safe law is requiring landlords to have lead inspections, basically forever.  When lead is added to paint, stain or varnish, it increases durability, speeds drying time and resists moisture, who wouldn't want it.  Lead was also heavily advertised in paint, think of lead paint as todays Ozempic, people want to try it.

Although lead was a very popular additive to paint, maybe your house was built closer to the 1978 ban on lead paint (1971 in NJ) or you did extensive interior renovations.  If so, it would worth it to have a lead paint inspection, which entails surface testing of all surfaces inside a building to test for the presence of lead paint. (stains and varnishes as well).

A Lead Free Certification is valid for a lifetime.

A property is considered "Lead Free" when the property has been certified by a licensed lead paint inspector as “Lead Free”. This requires a Lead Paint Inspection using an XRF Analyzer to test all surfaces for the presence of lead..

At Curren we can discuss your options regarding obtaining a lead free cert and the likelihood of obtaining lead free designation for your property.  We are also fair, if you fail to get lead free or inspectors can pivot and provide lead safe.

Call the Lead Free Experts

856-858-9509

The technical side of a New Jersey Lead Free Certification would go as follow:

Lead free would be issued under N.J.A.C. 5:17.

There is a cert (paper form) from a certified NJ lead evaluation company, like Curren Environmental

The inspection required for Lead Free would follow HUD and 5:17 protocols;

The protocols require onsite testing with an XRF gun.  Common XRF units have a radioactive isotope, Curren's units which are saver do not utilize radioactive material.

5:17-3.6 Reports and certificates…

(b) If, upon performance of an inspection of all painted surfaces in accordance with this chapter, a unit or building is determined to be lead-free, the certified lead evaluation firm shall issue certification on a form prescribed by the Department to the owner and, upon request, to any enforcing agency having jurisdiction to enforce lead safety standards at the premises. The certified lead evaluation firm shall report issuance of all such certifications to the Department in such form and manner as may be prescribed by the Department. 1. The certificate or report shall be signed and dated and shall identify the building, common area(s) or dwelling unit(s) to which it applies. 2. In order to be certified as lead free, the paint shall be tested for lead content through XRF testing, paint chip analysis or another method of testing the lead content of paint permitted pursuant to this chapter. All such testing shall be performed in accordance with the requirements of this chapter and the protocols established in the HUD Guidelines.

(c) If, upon performance of an inspection and risk assessment in accordance with this chapter, a unit or building is determined to be free of lead-based paint hazards, the certified lead evaluation firm shall issue a certification on a form prescribed by the Department to the owner, and, upon request, to any enforcing agency having jurisdiction to enforce lead safety standards at the premises. The certified lead evaluation firm shall report issuance of all such certifications to the Department in such form and manner as may be prescribed by the Department. 1. The certificate or report shall be signed and dated, shall identify the building, common area(s) and dwelling unit(s) to which it applies. The certificate or report also shall include a statement cautioning the owner regarding the need to perform on-going evaluation and maintenance to ensure that the painted surfaces remain in a hazard free condition.

Call the  Experts

856-858-9509

Are you having health issues, such as being sleepy, irritable, angry, tired, achy, or even joint pain? There is a possibility that it could be airborne mold spores that are making you feel ill, but what if it’s not airborne mold spores?

Curren Environmental fields many calls where the client hasn’t been feeling well has several health symptoms, and has not had any findings as to what is causing these symptoms. Google is a great resource and people find that they may have health issues due to mold growth. People then hire a mold inspector to visually inspect the home and provide air samples of some sort. Air sampling is when a machine is used to capture air in a small capsule, which is sent to the laboratory to look for mold spores. Every house will have some sort of airborne mold spores, no home is completely mold-free.

Once the inspection is complete, you should receive a report detailing what was done during the mold inspection and the interpretation of the lab data. Curren finds many inspectors leave out the interpretation of the lab data, which is pertinent information for the homeowner.

Per the mold inspection report, and the lab data, no visual mold is present and the airborne mold spore lab data shows airborne mold spores below industry standards and complying with typical indoor airborne mold spores – what do you do next?

Some homes accrue large amounts of dust. What is dust? Dust in homes is composed of about 20–50% dead skin cells. So most of the dust is from you, your family, and the animals that share your home with you. If the dust is not cleaned, it can lead to insect growth and a larger problem, health issues. Curren recommends periodically cleaning the interior of your home when mold is not present but dust and dirt are, dust can cause allergies and health issues as well. The CDC says “Maintaining safe cleaning habits helps remove most germs, such as harmful viruses or bacteria, on household surfaces”.

If you have health problems and have exhausted your investigations, it might be time for a deep cleaning.

Most buyers are turned off by oil tanks and mortgage lenders don't like oil tanks either. In most cases, the best choice is to have the oil tank decommissioned or removed – and this is what experienced educated realtors and 90% of attorneys will advise.    Now you may ask "Why remove an oil tank when you can have the oil tank tested for leaks"?   Curren Environmental fields that question many times a day, the answer isn't what you think. 

Curren Environmental owns equipment that tests soil for contamination from oil tanks, and equipment to remove oil tanks. Curren can easily get paid to test the oil tank for soil contamination and remove the oil tank after settlement, but that is not what Curren recommends.  It is best if I provide scenarios that explain the process and reasoning for removal over testing an oil tank.

House for sale with abandoned not in use oil tank.

In this situation, the owner (or prior owner) stopped using the oil tank and maybe went to an above-ground storage tank (AST) or converted to natural gas.  If they replaced the oil tank with an AST it is likely because the underground oil tank (UST) had problems, either leaking or taking on water in the oil tank. No one wants to spend money for the sake of spending money.  Why would you want to waste money to test the oil tank, because if it's leaking it would need to be removed anyway?  The professional recommendation is to remove and test under the tank.  The property owner should have removed the oil tank when they stopped using the oil tank rather than shifting the buyer to the cost of removing the oil tank and testing for soil contamination.

I cannot think of any reason why you would choose to test an oil tank rather than just remove the oil tank.

House for sale with an in-use heating oil tank.

The house in this situation is circa 1900, I would estimate the home was heated by wood or coal with an oil conversion after WWII, say the tank was installed in 1950, making the oil tank 74 years old.  This means the oil tank should be retired and collecting social security.  Clearly, the oil tank should be removed and replaced, because even if the oil tank test passes, it would be recommended to remove the oil tank. After all, the oil tank is beyond any expectation of a reusable lifespan.  The oil tank is likely leaking, because what do you have that is 74 years old and is functionally brand new - I'd love to hear about it!

Removing a tank, that is being used triggers the need to replace the heating source, which might mean installing a new AST or converting to another fuel source like propane or natural gas.  Expenses for sure, but someone has been living on borrowed time and has not replaced an old tank.  Know that a brand new oil tank today would have a 10 or 20-year warranty, a 50+ warranty, does not exist.  Would you feel comfortable driving a car that is 20+ years old? 

You may ask if the oil tank is a replacement oil tank for another oil tank that can still be located on the property.

Unless you have paperwork saying the oil tank was replaced, it's the original, I can only recall two people in the past 35 years who replaced their UST with another UST and in both cases, they replaced it because the 1st oil tank leaked and it was dug it up and installed the new tank in the same excavation.  Years later when we removed oil tank #2, boom oil was found in the soils.

House for sale with an in-use heating oil tank, owner will not allow removal, your only option is testing.  Know all oil tank testing limitations.

The concern regarding an oil tank is all things have a finite lifespan and require replacement. You can complete a limited subsurface investigation, a technical name for a tank test, around the current location of the number two heating oil Underground Storage Tank, (UST), 

I state limited, as you cannot drill beneath the oil tank, nor between the tank and the dwelling as that is where the feed lines run from the oil tank to the heater so the borings do not provide 100% coverage as oil can be located in these areas. Please note that any detection of oil is indicative of a release and is reportable to NJDEP.    Our proposed borings will be advanced along the three sides of the tank.

10 facts about oil tank testing

1. Testing is just delaying the removal of the oil tank.
2. 90% of the time when you test an oil tank and find it leaked, the client bemoans they wasted their money, which should have been spent on removal.
3. If you test and find a leak, it is required by law to be reported to the state.
4. To test you need a public utility mark out which takes a minimum of 3 business days to complete, so you have to wait several days to test.
5. Soil sample analysis at a lab takes about 5 to 7 business days and it used to take 10 days, so add another week in delays.
6. You typically test a oil tank on a property you do not own, so you need permission to do so, surprising how many owners do not want to let you test.
7. Check your sales contact, you can test, but the seller likely has not agreed to paying for anything relating to removal or remediation.  So you just lost your money.
8. When you test an oil tank, it is pass or fail.  If the oil tank fails, you will not know the cost to remediate it as that is a different scope of work.  Expect a second mobilization and thousands of dollars to diagnose the remediation needs.
   Splitting oil tank removal cost with seller is usually cheaper than just testing the tank.
9. Data gaps exist in all testing, as you cannot test under the tank or between the house and the tank, leaving you open to liability.  

What Is A Sewer Line Scope Inspection & Do I Need One?

One of the oldest mission-critical pieces of plumbing is your sewer line. It is also as old as your house (most likely) and used daily. Mission critical when it does not function, it means you know what.   Home inspections while a prudent due diligence step in buying a property do not inspect buried sewer lines as part of a typical inspection. The inspection of sewer lines is a separate inspection and is commonly referred to as a Sewer Line Scope.

What Is A Sewer Scope?

A sewer line scope inspection, or plumbing scope inspection, uses a flexible borescope camera, which is run through the home’s main drainpipe aka sewer lines. The inspection as its name implies scopes the sewer line looking for cracks, damage, blockage, caves in, dips, or roots.

How is a Sewer Line Scope Performed?

The inspector will insert a flexible rod with a waterproof high-resolution camera into the sewer line from the house to your main sewer line. Many cameras are 100' long so that is a typical inspection distance.  The camera provides real-time images of the sewer line.  I'll be real it's not a riveting film for sure, but the real horror is when the cameras detect roots, debris, and failure of the sewer line.  In short the inspection allows the inspector to determine the condition of the inside of the pipe and look for any problems.

Should I Get A Sewer Line Scope?

Fast answer yes, there is no reason not to, even on newer construction.  We have seen the failure of lines on older homes and dips on sewer lines at new construction (likely from heavy equipment traversing the site and the trench of the line settling). The point is that if you don’t know 100% your sewer line is 100%, you need to know. You sewer line which is typically made of cast iron, PVC, less common or older homes terra-cotta, or Orangeburg. So you have a variety of pipe materials utilized, some better than others but all subject to age, wear, and tear.   You might brag about a new patio or deck, you won’t about a $12,000 sewer line replacement. Yes, you read correctly, you can pay North of $10,000 to replace a sewer line. Knowing that you can see the advantage of inspecting the sewer line.

What will a sewer line inspection provide you? Sewer Inspection

Most sewer inspections are recorded so you can see where the deficiency in the line is located and if perhaps the line is failing in multiple locations. The point is you can actually see if the pipe is clear or not.

If you are buying a home a sewer line inspection is a wise inspection to perform. Many home inspectors perform sewer line scope and they should be your first point of contact for the performance of this inspection.

If you are a Home Inspector and perform this service, please leave a comment with your contact information and what areas you service.

Where do you find lead in a home?

It is found in the air (briefly), soil (brought in from outside), dust (the rubbing of painted surfaces generates dust that can contain lead), and the paint (typically beneath newer coats of latex paint, that will chip off or lose adhesion from the building material substrate) of some homes or buildings built before 1978 (Lead paint was banned by the Consumer Product Safety Commission in 1978). It has been well-established that exposure to lead can cause serious health problems.

 What are popular times when lead paint was used?

Lead in paint was popularized during colonial times for use in interiors and exteriors of homes, due to its durability. 

 Why was lead even added to paint and stains?

Think about painting, do you want the paint or stain to dry fast, so you can add a second coat or just to put stuff back in the room?   Do you want the paint or stain to be water resistant so if you leave a window open and water hits the window well or sill it resists water damage?   Do you want the surface to be durable and wear like iron, ahem lead. How about making the surfaces washable?   All these desirable features were obtained when you added lead to paint and stain.

 What is the most common lead exposure to humans?

Lead dust is the most common way that people are exposed to lead. Inside the home, most lead dust comes from chipping and flaking paint or when paint is scraped, sanded, or disturbed during home remodeling. Chipping and peeling paint are found mostly on surfaces that rub or bump up against another surface.

Which route of exposure is the most common for lead?

Lead exposure in humans and most importantly in children occurs primarily through ingestion. On a normal day dust can be generated by rubbing of leaned coated surfaces, such as doors, windows, and floors (yes lead was used in stains and the friction on floors wears them down and generates dust). This dust can enter your body by touching it and hand-to-mouth activity.

Young children crawling on the floor and playing on the floor are exposed to the dust making it the most common route of exposure. Lead also has a sweet taste so hand to mouth activity of young children is increased due to the flavor profile.   Adults are less likely to be crawling on the floor or chewing on paint chips, but if the dust is airborne from cleaning, lead can be inhaled. If dust is on an adult's hand and hand-to-mouth action incurs lead can be ingested.   Renovation of buildings that contain lead, including component removal and replacement, sanding for painting, demolition, etc. will generate dust that can be inhaled or ingested.  

Where is lead hiding?

It can be found in dirt and dust, some things we eat, paint in old houses, and contaminated water. Even very small amounts of lead are not safe for children. Lead poisoning occurs when lead builds up in the body, often over months or years. Even small amounts of lead can cause serious health problems.

 Should I have a lead paint inspection performed?

You have to ask yourself if you know where lead is or isn't how is that information going to be used?

A lead paint inspection would tell you where lead is or isn't.  Any construction, repair, or renovation work can disturb lead paint and produce lead dust.  Lead dust inhaled or ingested has well-documented health effects in humans and children in particular.    So knowing where lead is when disturbing building materials has huge value.

How do you remove lead dust from a house?

You can use a special vacuum cleaner called a High-Efficiency Particulate Air Filter (HEPA) vacuum to clean up lead dust. The HEPA vacuum has a special filter that can pick up and hold small pieces of lead. Another option is to use a wet/dry vacuum in the wet setting to clean up the wash or rinse water.

Lead Questions? Call the Experts

856-858-9509

 What houses have lead poisoning?

Any house or apartment built before 1978 could have lead paint. Houses and apartments built before 1960 have the most lead paint. Common household repairs (like painting or fixing a door that sticks to the doorframe) can produce lead dust or paint chips. This dust and paint chips can contain lead.

Do all homes built before 1978 have lead?

In the environmental industry, you presume it is present until proven otherwise, so the answer is you presume it to be present.   That said although the paint was banned lead paint still existed and may be brought to a home built in 1979 from a home built before 1978. You may also have an heirloom piece (an old fixture of some sort from a pore 1978 home installed in your post-1978 home that has lead paint or varnish. Think doors, old windows, corner cabinets, mantels, etc..

I gutted my house, how can it still have lead?

As you scrape, drill, cut, open walls, remove trim, demolish, or perform other renovation activities, you create dust that may contain lead and may remain in the dwelling. Think about lead touching every surface (lead paint on wood, plaster, stairs, etc.), and lead stain or varnish on floors, stairs, and doors.   Now think, did you remove all these surfaces?   Did you gut the closets, and replace the stairs, including your painted basement stairs? How about painted surfaces in the basement? Basement walls, stairs, ceiling, windows, are they painted with lead paint?

The timeline below shows how popular lead paint was in the United States. Clearly, as you approach 1978 lead usage decreased.

Lead Questions? Call the Experts

856-858-9509

Do not misuse the term Phase I

A Phase I ESA (Environmental Site Assessment) is historical research on a property, typically commercial that looks for potential environmental impairment to the property.   No testing or remediation is performed in a Phase I.  A Phase II is all about testing and a Phase III is Remediation. 

The map below is of a long-since-developed site, that in the map was a train turnaround.  Trains are notorious for oil leaks and spills, surely a train turnaround such as this would hold legacy contamination that an unsuspecting property owner could be inheriting if they did not complete a Phase I.

Regarding testing, no Phase I is required to test, A Phase I identifies areas that could require testing.  Case in point, the photo below shows a storage tank on its side.   There is a concern because anything stored in the tank could have leaked out because the tank is on its side.  There would be a recommendation in a Phase I to test the soil around the tank.   But no testing is completed during the Phase I, that is left for Phase II.

You can't skip a Phase I and go to a Phase II as the Phase I is your road map of what to inspect. 

The most common misuse of the term Phase I is from residential home inspections.

We are commonly called to do an inspection of a property after a Home Inspection is performed.   It is not uncommon that the home inspector notices evidence of mold, or some other environmental hazard such as a former oil heat, and recommends further evaluation, which is prudent and warranted for sure.   But when a Phase I is recommended, it shows a clear misunderstanding of what a Phase I ESA actually is.

Here is an exert from such a report

"Underground Fuel Tanks Noted:
The evidence noted is the presence of either a fuel tank fill pipe or a fuel tank breather pipe at the referenced location. There is evidence of an underground fuel tank installed on the property. Further investigation is required to determine the condition of the tank as well as the presence of any leakage into the soil. A Phase 1 environmental audit of the subject property is recommended to determine the presence and/or condition of the underground oil tank and to see if other environmental hazards are present. The soil should be evaluated, and the tank should be pressure tested. Permanent removal of the underground storage tank should be considered. They do not leave fill pipes behind if the tank was removed. There is no evidence an oil tank was located in the basement.

A Phase I ESA follows ASTM protocol for historical research of a property, 99% of the time it’s performed on commercial not residential, unless multi-family.

A Phase I is meant to identify the potential for contamination of a site by hazardous or toxic materials and to identify other possible environmental constraints on the site. It is not meant to be a detailed, comprehensive investigation based on quantitative or qualitative analytical data. No environmental sampling and analysis will be performed under the Phase I scope of work. The form and content of this ESA I will follow the form and content as outlined in ASTM standard E 1527-21. The results of the Phase I ESA will be used to determine whether or not further study (such as a Phase II ESA) is warranted, based on the background information gathered and the results of the site inspection.

https://www.currenenvironmental.com/blog/why-a-phase-i-is-important

Have Phase I Questions? Call the Experts

888-301-1050

Elevated or excessive indoor carbon dioxide (CO2) levels in a home, school, or office building can be hazardous.   Humans produce and exhale carbon dioxide (CO2) as part of normal metabolic processes so occupancy of an indoor space will increase CO2 levels naturally.  The CO2 build-up in a built environment such as a building, when humans occupy said space can be detrimental to human health.   A common byproduct of elevated CO2 levels in humans is a feeling of tiredness, lack of focus, decreased cognitive skills, and even a sick or nausea feeling. Many people will typically feel this way after a large meal, but the timing of these systems and meals can rule out a full stomach and point to an indoor air quality issue.  In short, elevated CO2 levels are not a health benefit. 

What are acceptable CO2 levels?

CO2 levels will vary from outdoor to indoor, the rub is what is considered a high CO2 level.

In a perfect world indoor CO2 levels will be comparable to exterior levels.

Public Employees Occupational Safety and Health (PEOSH) standards or the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) standards both use a standard of below 1,000 parts per million (ppm) as a guideline for acceptable indoor air quality in buildings.

Many professionals evaluating indoor air quality relative to CO2 utilize the 1000 ppm standard. For comparison, an outdoor typical CO2 level will be around 400 to 500 ppm.

That said an indoor CO2 level of 700 and 800 ppm are baselines commonly used as markers for good indoor air quality.   Not unlike mold indoor air quality evaluations, you do not want indoor levels to be excessively above outdoor air quality standards. For mold, it is common to flag an indoor issue if spores are 10% higher inside as compared to outdoor levels.   Regarding CO2 excessive indoor levels have a higher variance.

What is considered a Safe CO2 Level Indoors?

Safe, Organic and New & Improved have varying meanings and interpretations.   Safe CO2 levels can mean “best”, “not good”, “bad” or “potentially harmful.” Since we as humans manufacture CO2, levels can spike in a crowded room.

Best Indoor CO2 Levels: The best CO2 levels indoors are levels that match outdoor levels. Using 400 ppm as an outdoor baseline, levels at 400 would be considered best. Now we recently tested outdoor CO2 levels and came up with 500 ppm and used that number for indoor comparison.   The point being levels can vary from acceptable averages.  The industry using the 400 ppm (outdoor CO2 concentration) level, sets a threshold of CO2 being no more than 700 ppm above outdoor air.  This bumps the 1000 ppm standard to 1,100 or 1200 ppm with a 500 ppm outside level.

Good CO2 Indoor Air Quality: CO2 levels below 800 ppm.

Acceptable C02 Levels: CO2 levels below 1,000 ppm are generally considered acceptable for most indoor environments.

How do I know if I have a CO2 problem? Have an indoor air quality assessment performed.

Our office fields many calls about indoor air quality and well over 75% of the complaints come from suspect mold.   When we do an indoor air quality evaluation and test for mold and find normal indoor fungal ecology, we start talking about CO2 and other “suspects”, and blank stares ensue.

Mold and even CO2 are not always the smoking gun, meaning  CO2 levels alone do not determine overall indoor air quality. Other pollutants, including volatile organic compounds (VOCs), particulate matter, cleaners and other chemical contaminants stored or used indoors can contribute to and degrade indoor air quality.

To maintain acceptable CO2 levels in buildings, proper ventilation systems and practices are mission-critical. Indoor CO2 concentrations are a combination of outdoor CO₂, indoor breathing and the ventilation rate of the building (the HVAC is the lungs of the building). As buildings and homes become more energy-efficient and airtight, this means we have less fresh air and an increase in CO2.

Couple that with the fact that most all ventilation systems recycle indoor air to conserve energy, essentially moving the contaminated air around rather than cycling in new air. This results in high CO₂ concentrations and poor indoor air quality.  We thought that due to covid there would be an increase in upgrades to HVAC systems that would increase the intake of outside (fresh air) which helps with indoor air quality.

Air Quality Issues? Call the Experts

888-301-1050

A Phase I ESA is like your common screwdriver, a trusty, and dependable tool that most people know what it is used for, just like buyer due diligence, which is your insurance when buying a property.  A Phase I when completed properly provides protection under CERCLA, the Federal Superfund law, so Federal protection.

A Preliminary Assessment or "PA" is more like the tool in your workbench that you are not 100% sure what it is or how to use it.  New Jersey has its own innocent purchaser defense that requires a property owner to demonstrate that, at the time they acquired the property, they did not know and had no reason to know that any hazardous substance had been discharged at the property, by performing an “all appropriate inquiry” prior to purchase.  The PA provides NJ innocent landowner defense. 

A Phase I Environmental Site Assessment is meant to identify Recognized Environmental Conditions (REC)as defined by the American Society for Testing Materials (ASTM).   A Phase I report will include a comprehensive records review, interviews with knowledgeable parties, noninvasive walking inspection of the property, any data gap identification, an environmental lien search, and a comprehensive historical records review (think a 100 year lookback).

The current ASAT standard for a Phase I is E1527-21 which outlines how to assess the environmental condition of the Property utilizing the All Appropriate Inquiry (AAI). AAI is defined as an inquiry into the previous ownership and use of the Subject Property consistent with good commercial or customary practice as defined by CERCLA 42 U.S.C. §9601(35) (B). According to ASTM E1527-21, non-scope considerations that a consultant may want to assess in connection with commercial real estate and to which no implication is intended as to the relative importance of inquiry into such non-scope considerations consist of: asbestos-containing building materials; radon; lead-based paint; lead-in-drinking water; wetlands’ regulatory compliance; cultural and historic resources; industrial hygiene; health and safety; ecological resources; endangered species; indoor air quality; biological agents; and mold.

A Phase I includes zero testing but may find RECs that require testing.  The Phase I evaluates a property’s environmental condition and assess its potential liability for contamination. 

A Preliminary Assessment follows EPA guidelines not ASTM and is like a Phase I on steroids. The Preliminary Assessment will include an Order of Magnitude Analysis to ensure that previously generated environmental data is compliant with current regulations.  The PAR (Preliminary Assessment Report) is more detailed regarding both research and database research.  The Preliminary Assessment will look at historical manufacturing directories, deeper level of contamination identification, including recommendation(s) should the PA reveal any Areas of Concern (AOC) that require further investigation.  The more extensive environmental evaluation in a Preliminary Assessment entails a search/evaluation of the Site, specific to both current and historic operational and environmental information to determine if there have been any confirmed or potential releases or discharges.  A key part of this is an “Order of Magnitude” evaluation comparing past investigation results to current regulations and standards. Standards change and what may have been acceptable in the past can be out of compliance today.  Past environmental investigations can be found to be lacking and not compliant with today's standards, thus requiring further evaluation.  The additional layer of evaluation helps support a property owners NJ Innocent Purchaser Defense and, in some circumstances, can help acquire funding to remediate sites should contamination be found that was not identified in the report. 

Phase I  Preliminary Assessment Pro Tip 

In New Jersey, if you are opening a daycare or are subject to ISRA,  you need to complete PA, as NJDEP requires a PA not a Phase I.

Important facts about a Phase I vs a Preliminary Assessment

1.   A Phase I ESA is a screening tool to evaluate possible environmental liabilities at a property.   It is strictly lender level ASTM compliant research and data review for financial transactions. The party paying for the Phase I may choose to not investigate(test) any RECs from the Phase I.  A Preliminary Assessment covers state (NJ-specific) liability and is necessary to be in compliance with NJDEP's Technical Requirements for Site Remediation (N.J.A.C. 7:26E)  to obtain protection from potential liability as an innocent landowner (under the NJ Spill Compensation and Control Act N.J.S.A. 58:10-23.11) 

2.  The timing of a Phase I is 2 to 3 weeks.  A Preliminary Assessment takes longer and can  take 20-45 days, due to the additional research involved and you have to wait to receive File Review replies from local and state agencies.

 Can you combine a Phase I & Preliminary Assessment?

Curren has been working on PHIs for over 30 years and this has been a more recent trend in real estate sales.  Curren has been performing PHI/PAR reports for many clients with legal representation in the transaction.   

Phase I or Preliminary Assessment Questions?

Call the Experts

888-301-1050

Phase I is the foundation of due diligence when buying a property. Phase I environmental audits are so important for purchasers of commercial real estate. Environmental regulation places the burden of environmental cleanup on a property owner.  If contamination occurred at a property 40 years ago and 5 owners ago, regardless of who owned the property in the past, the current property owner is the Responsible Party for the cleanup. 

Short story, a professional firm, was closed over a weekend.  When employees returned on Monday, they found a 14,000-gallon tank in their parking lot.  The tank was dumped there over the weekend.  This dumping was reported to the police and security cameras caught the entire process, unfortunately, the cameras could not decipher the license plate.  The bottom line the property owner had to pay to properly dispose of the dumped tank. 

That said, how do you know you are getting the best Phase I?

The environmental company should express that the  Phase I can be completed within 3 weeks on average.   Longer time frames would occur if there are government records (environmental reports at the State) that must be reviewed which can take three (3) more weeks to access.  You, as the client, need to be told that Phase I may not be able to be completed as fast as you would like, which many environmental consultants do not want to address.

Quick Story

Environmental company out of Buffalo, NY, did a Phase I at a property in Southern, NJ for an SBA loan.  Timing was mission critical, Phase I report was completed but it had a large data gap, as their recommendation below states:

Recommendations
Additional investigation is warranted to assess the on-site subsurface conditions due to the potential for on-site USTs and long term automotive repair, and should include the area of the floor drain/sump discharge and former in-ground lifts. A review of the 2016 NJDEP Case may help reduce the scope of work. Nevertheless, if investigation identifies a concern, further investigation/remedial work may be required.

Reading between the lines here the consultant knew there were reports with NJDEP but did not review them as they had to complete the Phase I in a short time frame.  Fact, the Phase I was not complete and should not have been issued until the State files were reviewed. Now the consultant wants more money to review files that should have been reviewed as part of the Phase I.  This is very common and wrong on many levels.

Your takeaway should be that you have to be provided realistic time frames to complete the Phase I.

It is estimated 70% of Phase I's require some form of a Phase II.  Now understand that while a Phase I could be classified as white collar, a Phase II will include an aspect of blue-collar work.  Most environmental consultant do not staff people or equipment necessary to perform a Phase II.  Many Phase I customers end up getting hit with the markup from subcontractors that consultants utilize for the Phase I.  You also get wacked with dealing with a 3rd party schedule.

Quick Story

Curren completed a Phase I for a business and property being sold.  Phase I found contamination, buyers bought the site and one of the partners had a friend that worked at another environmental company, that took over the management of the contamination post purchase.  The rub was the friend's company, owned no equipment and subcontracted everything and they had fallen into and out of bankruptcy several years ago and had a long list of vendors they never paid.  Curren Environmental got called back to supply equipment for the investigation and remediation of the site, only Curren couldn't extend credit to the environmental company due to their prior bankruptcy.  The buyer had to pay for all our work which the partners questioned why they switched companies in the first place.  I think their biggest concern was the financial health of the company they hired.

The lesson here is hiring a company that covers tasks of Phase I, II & III, can make your project smoother.

3    Ask the consultant to Predict Your Future

• When you hire a company for environmental you want experience.   The more you know the better you are at evaluating  risk.
• Buying a farm = GPR for tanks, past farmer dumping and pesticide contamination.
• Buying a gas station = former tanks
• Buying a strip mall = any past tenants that could cause contamination?
• Industrial Land = What operated there? Manufacture companies and waste generation.
• Buying land to redevelop = Any off-site contamination concerns that could affect your development
• Known Contaminated Site = what has been done and how viable is owner of value of land vs contamination

If you give us the site address and some prior history, the crystal ball can go to work to prep you for what could be in store for you.    This is often bad news and potential negative issues that could affect the transaction, but topics that you should be aware of during your due diligence.  This may even deter you from proceeding with the purchase.

Expert Environmental Advice for over 25 Years

856-858-9509