ESA flashcards
ESA · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- CERCLA strict liability
- CERCLA imposes liability without regard to fault on current owners, past owners at disposal time, arrangers, and transporters; liability may be joint and several and retroactive.
- Bona fide prospective purchaser
- A CERCLA defense for buyers who conduct all appropriate inquiries before acquisition, have no affiliation with liable parties, and satisfy continuing obligations including reasonable steps.
- Security interest exemption
- Protects lenders holding indicia of ownership primarily to protect a security interest from CERCLA liability, provided they do not participate in management of the facility.
- RCRA cradle to grave
- RCRA Subtitle C regulates hazardous waste from generation through transportation to treatment, storage, and disposal, imposing manifest and permit requirements on each handler.
- EPCRA reporting thresholds
- EPCRA requires facilities storing hazardous chemicals above threshold quantities to report under Sections 311 and 312 and to submit Toxics Release Inventory data under Section 313.
- All appropriate inquiries
- AAI under 40 CFR Part 312 requires a Phase I conducted or updated within one year before acquisition, with interviews, records review, and site visit within 180 days.
- ASTM E1527-21 scope
- The standard defines the Phase I process: records review, site reconnaissance, interviews, and a report identifying RECs, CRECs, HRECs, de minimis conditions, and data gaps.
- Standard database search radii
- ASTM E1527-21 specifies minimum search distances, such as one mile for NPL sites and one-eighth mile for RCRA generators, with larger radii for some listings.
- Historical REC definition
- An HREC is a past release that has been addressed to unrestricted use without engineering or institutional controls; it does not require action but must be disclosed.
- Controlled REC definition
- A CREC is a REC that has been addressed but where engineering or institutional controls may be required to protect human health or the environment.
- Environmental professional declaration
- The report must include a signed declaration that the assessment meets AAI standards and that the professional meets the qualifications in 40 CFR 312.10.
- REC identification rationale
- Each REC must be documented with reasoning connecting the observed or historical condition to a release or potential release of hazardous substances or petroleum products.
- Sanborn map use
- Historical fire insurance maps can reveal past USTs, dry cleaners, gasoline stations, and industrial uses that are not visible in current site conditions.
- City directory research
- City directories provide year-by-year occupancy records used to corroborate historical uses and identify tenants such as dry cleaners or auto repair shops.
- Business environmental risk
- A BER is a condition that may present a business risk but does not meet the REC definition; it is reported separately and does not trigger the same disclosure obligations.
- De minimis condition
- A de minimis condition is a release that does not pose a threat to human health or the environment and does not meet the REC threshold for action.
- Conceptual site model
- The CSM identifies contaminant sources, release mechanisms, exposure pathways, and receptors, guiding sampling locations, analytes, and risk evaluation for a Phase II.
- Low-flow groundwater sampling
- Low-stress purging and sampling minimizes turbidity and disturbance, producing more representative dissolved-phase concentrations than high-flow purging methods.
- QA/QC field samples
- Quality assurance includes field duplicates, trip blanks, equipment blanks, matrix spikes, and chain-of-custody records to support defensible analytical data.
- Field screening limitations
- PID, FID, and OVA readings indicate volatile organic compound presence in real time and guide sample selection but are not definitive analytical results.
- DNAPL behavior
- Dense non-aqueous phase liquids such as PCE and TCE sink below the water table and can persist as long-term continuing sources of dissolved contamination.
- LNAPL behavior
- Light non-aqueous phase liquids such as gasoline float on the water table and spread laterally with groundwater flow, affecting downgradient receptors.
- Fate and transport processes
- Advection, dispersion, sorption, volatilization, biodegradation, and abiotic transformation govern how contaminants move and attenuate in soil and groundwater.
- Hazard quotient formula
- The hazard quotient equals the exposure dose divided by the reference dose; a value greater than one indicates potential noncarcinogenic concern requiring further evaluation.
- Carcinogenic risk calculation
- Carcinogenic risk is estimated as exposure dose times the cancer slope factor or inhalation unit risk, with target risk ranges typically from 1E-06 to 1E-04.
- Report findings categories
- Phase I reports must distinguish RECs, CRECs, HRECs, de minimis conditions, and BERs, with an opinion on whether the property qualifies for liability protections.
- Data gap disclosure
- The report must identify data gaps, state whether each affects the ability to identify RECs, and document whether the gap was resolved or remains.
- Documentation retention
- Retaining maps, photographs, database reports, and correspondence supports defensibility and is essential if the assessment is later challenged in litigation.
- Due diligence tailoring
- Due diligence scope should reflect transaction type, historical use, buyer risk tolerance, and lender requirements, with the Phase I satisfying AAI timing rules.
- Environmental insurance types
- Pollution legal liability, cost cap, and remediation stop-loss policies transfer environmental risk identified during due diligence to an insurer for a premium.
- Risk allocation tools
- Purchase price adjustments, escrows, indemnities, and representations and warranties allocate environmental risk between buyer and seller in a transaction.
- State voluntary cleanup programs
- VCPs can provide liability relief and closure letters, but the scope, standards, and protections vary significantly among states and must be verified case by case.