February 3, 2012 #5721493.1.1 Mr. Bill Cuthbertson Freeport ...

ESA has been conducted in conformance with the scope and limitations of ASTM E 1527-05,
Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment
Process and the USEPA AAI rule (40 CFR part 312). The purpose of ASTM E 1527-05 is to define
good commercial and customary practice for conducting an ESA. The purpose of the USEPA AAI
rule is to help a public or private party who may potentially claim protection from claims under
CERCLA as an innocent landowner, a bona fide prospective purchaser, or a contiguous property
owner.
2.1 PURPOSE
The purposes of this Phase I ESA are:
1. To identify conditions indicative of releases and threatened releases of hazardous
substances, pollutants, contaminants, petroleum and petroleum products, and controlled
substances (as defined in 21 U.S.C. 802) to the extent feasible pursuant to the Scope of
Services described in Section 3.0 of this report. These conditions are referred to as
recognized environmental conditions (RECs).
2. To satisfy one of the requirements to provide the innocent land owner defense liability
protection pursuant to CERCLA section 101 (35), the bona fide prospective purchaser
liability protection pursuant to CERCLA sections 101(40) and 107(r), or the contiguous
property owner liability protection pursuant to CERCLA section 107(q): that is, to complete
the practices that constitute “all appropriate inquiry into the previous ownership and uses of
the property consistent with good commercial or customary practice.”
2.2 SHELF LIFE OF REPORT
AAI reports developed pursuant to CERCLA section 101(35)(B) must be conducted within one year
prior to the date of acquisition of the subject property, some components of which must be
conducted or updated within 180 days of and prior to the date of acquisition of the subject property.
2.3 DISCLOSURE OBLIGATIONS
None of the requirements of 40 CFR part 312 limits or expands disclosure obligations under any
federal, state, tribal, or local law, including the requirements under CERCLA sections 101(40)(c)
and 107(q)(1)(A)(vii) requiring persons, including environmental professionals, to provide all
legally required notices with respect to the discovery of releases of hazardous substances.
It is the obligation of each person, including environmental professionals, conducting the inquiry to
determine his or her respective disclosure obligations under federal, state, tribal, and local law and
to comply with such disclosure requirements.
Souder, Miller & Associates
Engineering ♦ Environmental ♦ Surveying
© SMA 2012
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