Environmental Professional Certification

As of November 1, 2006 you must meet the qualifications for an “Environmental Professional” as set out at 40 CFR 312.10. This is a federal requirement for all parties who intend to use the Phase I site assessment to meet any of the landowner liability protections offered under CERCLA. This is a self-certifying qualification, you are not required to be approved or certified by DEQ or another agency in order to claim this status.

“Relevant experience” as it applies to environmental site assessment consultants under the provisions of the federal AAI Rule (40 CFR 312.10) and Regulation No. 32 is defined to mean “participation in the performance of all appropriate inquiries investigations, environmental site assessments, or other site investigations that may include environmental analyses, investigations, and remediation which involve the understanding of surface and subsurface environmental conditions and the processes used to evaluate these conditions and for which professional judgment was used to develop opinions regarding conditions indicative of releases or threatened releases to the subject property.”

In its response to comments on the final rule for All Appropriate Inquiries (40 CFR 312), EPA clarified that “[t]he use of the phrase “full-time” within the definition of environmental professional and the definition of relevant experience is meant to require that an individual has accumulated the equivalent of 3, 5, or 10 years of experience. An individual may accumulate such experience over a longer length of time than the 3, 5, or 10 years, as long as the total time of accumulated experience would be the equivalent of 3, 5, or 10 years of full-time experience. Even after an individual accumulates the required number of years of full-time experience, that individual does not have to conduct environmental site assessments, or all appropriate inquiries investigations, on a full-time basis to qualify as an environmental professional.”

For consistency between the two environmental professional programs, DEQ interprets “relevant experience” in the same manner.

The AAI Rule and Regulation No. 32 do not prohibit the employment or engagement of an associate, apprentice, assistant, or a subcontractor, provided that an individual who is fully and appropriately certified supervises that associate, apprentice, assistant, or subcontractor and maintains responsible charge of the work performed by that associate, apprentice, assistant, or subcontractor.

No. ASTM offers these courses as training opportunities within the State, but attendance at a particular course is not a requirement to be qualified as an environmental professional under 40 CFR 312.10.

Yes. Certified professionals must obtain at least 15 professional development hours per year. If more than 15 hours are accrued, up to 15 of these additional hours may be carried over and applied to the following year’s requirements.

Certified professionals may use a broad range of educational opportunities. Topics should be relevant to the field of environmental site assessment & investigation, remediation, waste or hazardous substance management, etc. Applicable opportunities may include:

• Successful completion of relevant college courses
• Successful completion of relevant continuing education courses
• Successful completion of relevant correspondence, televised, videotaped, audiotaped, webcast, and other short courses/tutorials
• Presenting at or attending qualifying seminars, in-house courses, work shops, or professional, technical, or managerial presentations made at meetings, conventions, or conferences

Innocent property owners are only protected from CERCLA and RATFA liability if they can prove they did not contribute to the contamination and had no reason to suspect the property was contaminated at the time of purchase. In order to meet this defense as a “bona fide prospective purchaser,” the person must not be potentially liable, or affiliated with any other person who is potentially liable for response costs for addressing releases at the property, and must carry out “all appropriate inquiries” into the possibility and nature of potential contamination on the site prior to purchase or taking title. “All Appropriate Inquiries,” or “AAI” is the process of evaluating a property for potential environmental contamination and assessing potential liability for any contamination present at the property. It is a form of environmental due diligence.

Prospective landowners who do not conduct all appropriate inquiries prior to or on the date of obtaining ownership of the property may lose their ability to claim protection from CERCLA liability as an innocent landowner, bona fide prospective purchaser, or contiguous property owner.

A Phase I environmental site assessment conducted pursuant to the provisions of ASTM Standard E1527-05 will typically satisfy the state and federal requirements to conduct all appropriate inquiries.

A Phase II site assessment is typically defined and carried out under the provisions of ASTM Standard E1903. In its simplest form, a Phase II assessment involves the collection of samples or other measurements taken in the field to confirm or deny the existence of a Recognized Environmental Concern (REC) identified in a Phase I assessment. Depending upon the nature of the property and any associated RECs, a Phase II may range from a simple sampling event to the full scope of evaluating the nature and extent of contamination at the site.

The Arkansas Voluntary Cleanup Act and Brownfield Program requires a comprehensive site assessment (CSA) that "shall identify the location and extent of contamination, the quantity or level of contamination, the type of contamination, the probable source of contamination, and the risk or threat associated with the contamination." The CSA is a more exhaustive site investigation that not only confirms or denies the existence of any RECs at the site, but also determines the area location, nature and extent of any contamination, but also evaluates the risk posed to human health and the environment, as well as any threat (such as actual or potential degradation of ground and surface waters) posed by such contamination.

In most cases under the Voluntary Cleanup Act, the limited scope of a Phase II assessment may be insufficient to meet the requirements for a CSA. The User of the site assessment and his Consultant should consul with DEQ staff beforehand in order to confirm what work will be necessary to meet the requirements for a CSA.