Contaminants of emerging concern (CECs) is a term used to describe chemicals that are not yet federally regulated but are known or suspected of causing harm to human health or the environment. CECs may be present on a property, and even significantly contaminate it, but the issue isn’t be covered under the scope of a Phase I Environmental Site Assessment (ESA). At least not until the CECs are reclassified as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA). What does that mean? Even if you conduct a Phase I ESA of a property prior to purchase (or lease, occupation, or becoming involved with it in some other way) there may still be contamination you are not aware of unless you've conducted additional business environmental risk (BER) investigation.
Why is this so important? Just because it’s not regulated today, doesn’t mean it won’t be tomorrow. It used to be common practice to dispose of used oil directly into the ground. Try that today and you’ll face some pretty big regrets.
Furthermore, CERCLA liability is retroactive, so current owners and operators can be held liable for contamination that occurred in the past, even if the contaminants weren’t classified as hazardous substances at the time.
When it comes to Phase I ESAs and BERs like CECs, it’s important to consider state and local regulations. For example, per- and polyfluoroalkyl substances (PFAS) are the hot topic CEC of the day and are regulated by several states even though they are not yet federally regulated as of this writing. PFAS are expected to be defined as hazardous substances under CERCLA in 2023, but even so there are several other CECs and substances not defined as hazardous substances under CERCLA (e.g., methane) that may present a BER to your property.
In an important step towards safeguarding communities from childhood lead exposure, the U.S. Environmental Protection Agency (EPA) under the Biden-Harris Administration has announced a series of free educational sessions. These sessions aim to raise awareness about the dangers of lead and provide information on how to reduce and prevent lead exposure. The initiative aligns with the Administration's commitment to environmental justice and protecting vulnerable communities.
Every year, millions of individuals and corporations around the globe make considerable investments in real estate. Whether it’s purchasing a home, acquiring a commercial property, or developing a tract of land, real estate investments generally come with their share of taxes, such as property taxes. But there’s another “tax” that is often overlooked and misunderstood — environmental due diligence.
The U.S. Environmental Protection Agency (EPA) has recently announced a new framework for managing per- and poly-fluoroalkyl substances (PFAS), a group of man-made chemicals that have been a cause for environmental and health concerns. This new plan aims to ensure that any new PFAS, or new uses of existing PFAS, undergo a thorough evaluation to confirm they pose no harm to human health or the environment before they are allowed into commerce.
The U.S. Environmental Protection Agency (EPA) recently announced a yearly funding of $50.4 million to assist communities that have difficulty accessing clean, safe drinking water. This crucial funding will primarily benefit small, underserved, and disadvantaged communities across states and territories, empowering them to improve their water infrastructure and adhere to the Safe Drinking Water Act (SDWA).
Report highlights progress in reducing air pollution and promoting clean air for allThe U.S. Environmental Protection Agency (EPA) has recently unveiled its annual report on air pollution, titled "Our Nation's Air: Trends Through 2022." This interactive report provides valuable insights into the health and environmental impacts of air pollution, tracks trends in air quality and emissions data, showcases efforts to improve visibility in national parks, and examines community-level health impacts of air toxics emissions.
The U.S. Environmental Protection Agency (EPA) has recently proposed a ban on most uses of perchloroethylene (PCE), a chemical known to pose serious health risks, including neurotoxicity and cancer. This move is part of the EPA's ongoing efforts to protect public health under the Toxic Substances Control Act (TSCA).
In a move that marks a significant step towards environmental justice, the U.S. Environmental Protection Agency (EPA) recently announced a whopping $315 million investment. This funding, part of President Biden’s Investing in America Agenda, is aimed at accelerating the assessment and cleanup of brownfield sites across the country. But what does this mean for everyday folks? Let's break it down.
The City of Honolulu is inviting residents to experience the new rail system, with free rides offered during the opening weekend. The inaugural rail ride will depart from the Kapolei station at 2 p.m., with Halawa/Aloha Stadium serving as the final stop for the time being. This new public transport option marks the culmination of tireless efforts from a broad array of stakeholders, dedicated to creating a future-proof, environmentally-friendly mobility solution for Honolulu.
Hawaii's representatives in Congress are seeking asubstantial sum of $247 million to address a serious public health concern inKaneohe Bay. The local Marine Corps Base's wastewater treatment plant, whichhas been operating for many years, needs significant upgrades. Last year, thebase was fined almost $250,000 for releasing excessively high levels of fecalbacteria into the bay.
In response to fuel spills in 2021 that contaminated drinking water for over 90,000 households, the Department of Defense (DOD) has put forth a new, accelerated timeline for emptying the Red Hill underground fuel storage facility in Hawaii. This initiative, known as the "defueling process," is set to begin on October 16th, 2023.
The U.S. Environmental Protection Agency (EPA) has proposed significant amendments to the regulations guiding its review of new chemicals. The proposed changes aim to enhance the safety assessment process, offering better protection for public health and the environment from potentially harmful substances such as PFAS (per- and polyfluoroalkyl substances) and other persistent, bioaccumulative, and toxic (PBT) chemicals.
The U.S. Environmental Protection Agency (EPA) released “A Year of Progress Under EPA’s PFAS Strategic Roadmap,” which underscores key actions taken by the agency during the first year of implementing the PFAS Roadmap. EPA is implementing a whole-of-agency approach, advancing science, and following the law to safeguard public health, protect the environment, and hold polluters accountable.
From press release put out by EPA Press Office: "The U.S. Environmental Protection Agency (EPA) is proposing to remove 12 chemicals identified as per- and polyfluoroalkyl substances (PFAS) from the current list of inert ingredients approved for use in pesticide products to better protect human health and the environment."
Contaminants of emerging concern (CECs) is a term used to describe chemicals that are not yet federally regulated but are known or suspected of causing harm to human health or the environment
A Discussion of Soil Management in the Critical Path of Hawaii Construction Projects
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Kim Kim is a Registered Professional Geologist and environmental leader with a strong background in Hawaiian geology and volcanology. She has a reputation for providing high-level consulting and for understanding state environmental regulations and communicating them to a diverse range of clients. As K2’s co-founder, Kim strives for accuracy and takes a commonsense approach to big challenges. Reach her at kim@k2enviropro.com.
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