NEW “REC” definitions beginning 2013!

New Definitions for a Recognized Environment Condition (REC)- ASTM E 1527-13, beginning Nov 2013:

There are now actually three new REC definitions that an EP and the clients must understand. The new REC definition means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. The term includes hazardous substances or petroleum products even under conditions in compliance with laws.

But there are now also two more REC definitions to consider- the Historic REC and the Controlled REC. The CREC is defined as a REC from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority, with hazardous substances or petroleum products allowed to remain in place to the implementation of required controls. The HREC is a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addresses to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls. Before calling the past release an HREC, the EP must determine whether the past release is a REC at the time the Phase I is conducted (if there been a change in the regulatory criteria).