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Tag Archive for No Further Remediation (NFR) Letter

March 23rd, 2016

Five Steps to Obtaining a No Further Remediation (NFR) Letter after a Tank Leaks

If you’re interested in purchasing a property with a Leaking IEPA-logoUnderground Storage Tank (LUST) Incident, or you currently own a property with an open LUST Incident, the steps for satisfying the Illinois EPA (IEPA) to officially close your site may be confusing.

The goal of the LUST program is to obtain a No Further Remediation (NFR) Letter from the IEPA, which signifies that this leaking tank is no longer a threat to health or the environment. If you’re purchasing or refinancing your property, most lenders will require this NFR letter to satisfy their environmental due diligence requirements.

IEPA lays out the five steps to follow to obtain this NFR Letter:

  • Early Action:  Within 45 days of a LUST Incident being declared, the owner must take action to prevent any additional leaking from the UST.  This may involve pumping out the tank, removing the UST, or properly abandoning the UST.   The owner must also characterize the initial extent of any contamination through soil sampling, either via excavation samples (if removing the UST) or soil borings (if UST will remain in place, either operating or abandoned).
  • Stage 1 Site Investigation: If contamination above IEPA limits exists, IEPA then requires soil sampling around the UST, plus groundwater sampling if groundwater is encountered.
  • Stage 2 Site Investigation:  If contamination is discovered during the initial Stage 1 analysis, IEPA requires additional on-site soil and/or groundwater sampling to determine the extent of the contamination.  Soil gas sampling for potential vapor intrusion may also be required.  Stage 2 may involve several rounds of sampling, depending on the size of the property and spread of contamination.
  • Stage 3 Site Investigation:  If contamination exists at the site boundary, IEPA also requires off-site sampling to determine if the contamination has migrated onto nearby properties.
  • Corrective Action: Depending on the extent of contamination discovered during the Site Investigation stages, IEPA may require various Corrective Action strategies, including:
    • If vapor intrusion exists, installation of Building Control Technology (BCT)
    • Site use restrictions
    • Engineered barriers
    • Groundwater use restrictions
    • UST removal
    • Contaminated soil removal
Due to Illinois’ risk-based TACO regulations, most LUST Incidents can obtain an NFR Letter without active remediation.
If you have questions about how Gabriel can help you close your LUST Incident and obtain an NFR Letter, contact Nancy Valenta at 773-486-2123 or nvalenta[at]gabenv.com.
August 6th, 2014

What the heck is a “CREC”?

When the new E1527-13 Phase I Environmental Site Assessment standard was released in late 2013, ASTM included a new term: CREC. ASTMlogo

A CREC is a Controlled Recognized Environmental Condition, a subset of the traditional REC. CREC was developed to address the controlled presence of potential hazardous substances or petroleum products, as defined by the local environmental regulatory agency.

CREC examples:

  • Site A had a Leaking Underground Storage Tank (LUST) incident which was cleaned up to the satisfaction of the IEPA, with a land use restriction (eg: could only be used for commercial-industrial use). This would be considered a CREC since there are still hazardous substances and/or petroleum products present on the property, however the property has  been deemed safe for commercial or industrial use (though not residential use).
  • Site B was a former industrial operation that went through the Site Remediation Program (SRP) cleanup process. As part of the No Further Remediation (NFR) letter, the contaminated part of the property must remain capped by an engineered barrier. This would be considered a CREC since there are still hazardous substances present on the property, however they have been controlled by the engineered barrier.

Though the CREC is considered a REC, most CRECs would not be a major concern for a buyer or their lender. This language was developed to clarify situations such as these in order to give purchasers and lenders greater peace of mind about these sites.