EBC Site Remediation Program Hot Topics in Environmental Due Diligence Thursday, January 20, 2011 Public Service of New Hampshire Energy Park 780 N. Commercial Street Manchester, New Hampshire While the economic forecast remains uncertain, it appears that mergers and acquisitions have picked up steam and we are hopeful that property transactions will follow. Are you ready? Are you up to date? Join us as we prepare for the economic recovery by learning what is new, why it matters, and how to deal with it. We will start with a discussion of market metrics—what is actually happening with transactions. We will then focus on building components, which has been big news over the last several months, including PCBs in caulking and other materials, contaminants in drywall, and concerns with insulation. We will also talk about whether vapor intrusion issues are affecting transactions and whether the ASTM standard is gaining traction in Massachusetts. Finally, we will discuss energy efficiency issues have changed how due diligence is done. Draft Agenda 7:30 a.m. Registration and Continental Breakfast - Networking 8:00 a.m. Welcome 8:10 a.m. Due Diligence Today: Are We Picking up Where We Left Off? 8:20 a.m. Keynote Address: “The New England Transactional and M&A Climate: Crawling Out of the Downturn” Dianne Crocker, Managing Director, Market Research Group Environmental Data Resources, Inc. 8:50 a.m. ASTM’s New Vapor Encroachment Standard: How Vapor Intrusion is Being Addressed in Real Estate Transactions Inter-relationship between ASTM 1527-05 and 2600-10 - Dianne Crocker, Managing Director Market Research Group, Environmental Data Resources, Inc. Robert Hasevlat, Chair EBC New Hampshire Chapter Business Development Manager, Normandeau Associates Introduction Elizabeth Krol, Program co-chair Northeast Due Diligence Manager Shaw Environmental & Infrastructure Group Demonstration: EDR’s Vapor Encroachment Screening Application (VEC-APP) - Bart Sobieralski, New England Regional Manager, EDR Environmental Data Resources, Inc. 9:35 a.m. Developer’s Perspective: 20 acre impacted site redevelopment Roger Dieker, CB Richard Ellis (Invited) 10:00a.m. Networking Break 10:30 a.m. Green Building Due Diligence—Emerging Best Practices Brian Burstiner, Sustainable Real Estate Solutions, Inc. 11:00 a.m. Finding Money for Investing in Alternative Energy as Part of Your Project Jessica Graf, Esq. (Invited) 11:15 a.m. Emerging Issues with Building Components: PCBs, Drywall from China, and Foam Insulation Paul Farrington, Shaw Environmental & Infrastructure Group (Invited) 11:30 a.m. Managing Risk in Due Diligence Transactions Lyn Lustig, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo P.C. Maureen Domenicone, Ironshore Environmental (Invited) 12:00 p.m. Open Discussion - Q & A 12:30 p.m. Adjourn EBC New Hampshire Chapter Chair Robert Hasevlat, Business Development Manager Normandeau Associates, Inc. 25 Nashua Road, Bedford, NH 03110-5500 603-472-5191 cell - 603-345-9805 rhasevlat@normandeau.com Mr. Hasevlat, Chair of the EBC’s New Hampshire Chapter, presently serves as the Quality Assurance Director for Normandeau Associates and is responsible for managing the quality assurance program for environmental field studies, laboratory investigations and data analysis. He is an ASQ Certified Quality Auditor. He also has broad technical and managerial experience on numerous environmental studies, including projects related to dredging, marine resource assessment and hazardous waste site activities. He has considerable experience as a marine invertebrate taxonomist and was responsible for quality control for Normandeau's biological laboratory services. Mr. Hasevlat also serves as Corporate Environmental, Health and Safety Manager for Normandeau Associates ensuring corporate compliance with applicable environmental and safety regulations. Program Chair Elizabeth Krol, P.G., Client Program Manager, Northeast Due Diligence Manager Shaw Environmental & Infrastructure Group 100 Technology Center Drive, Stoughton, MA 02072 617.589.6111 • elizabeth.krol@shawgrp.com A widely recognized property due diligence expert, Elizabeth Krol, P.G. serves as Client Program Manager and Northeast Due Diligence Manager for Shaw Environmental & Infrastructure Group. In her 16-year career, Ms. Krol has managed or conducted thousands of environmental and physical due diligence investigations including ASTM Phase I environmental site assessments (ESAs), property condition assessments (PCAs), LEED EB gap analyses, energy audits, seismic evaluations, regulatory agency file reviews, compliance audits, hazardous material assessments (asbestos, lead-based paint, mold and PCBs), wetlands assessments, and Phase II subsurface investigations, including vapor intrusion assessments. Ms. Krol’s other areas of expertise include regulatory agency coordination, geophysical analyses, compliance audits, subsurface soil and groundwater investigations, and building assessments. The recipient of numerous industry awards, Ms. Krol was recently recognized by Commercial Real Estate Women (CREW) Network as a “woman to watch,” earning a spot in its “Top 20 Under 40” women in commercial real estate in 2009. She serves on multiple industry task groups, writes frequently about the environmental due diligence issues that impact the commercial real estate industry, and is a nationally sought-after speaker and panelist. SPEAKERS Brian M. Burstiner, Director of Sales Sustainable Real Estate Solutions, Inc. (SRS) 100 Technology Drive, Ste 208, Trumbull, CT 06611 (203) 880-9622 bburstiner@SRMnetwork.com Brian Burstiner is Director of Sales at Sustainable Real Estate Solutions, Inc. (SRS), a market pioneer and leader in energy and sustainability performance assessment and management software solutions for the commercial real estate industry. Brian leads SRS’s business development initiatives to meet the exploding demand for energy assessment, benchmarking and optimization solutions, including marketing efforts for SRS's flagship platform the Sustainable Real Estate Manager®, an Internet-based, "Software as a Service", that enables building owners, operators, lenders, tenants and consultants assess energy and sustainability-related risks and opportunities at their properties. Brian is also a member of the ASTM Building Energy Performance Assessment Standard Task Group, and also leads the Green Building Due Diligence Networking Group. Prior to joining SRS, Brian was a Business Development Executive with Honeywell Building Solutions, a strategic business unit of Honeywell International. At Honeywell Building Solutions, Brian was responsible for the development and implementation of energy efficiency retrofit projects for both commercial and government/municipal building owners and operators. In this capacity, Brian was successful in the sales and implementation of over $1.1 million in energy efficiency retrofit projects, with a combined energy cost avoidance of nearly $200,000 annually. Dianne P. Crocker, Managing Director - Market Research Group Environmental Data Resources, Inc. 400 Wheelers Farm Road, Milford, CT 06461 (800) 352-0050 x156 203.783.8156 (direct line) DCrocker@edrnet.com Dianne P. Crocker is a senior economist and managing director of EDR's Market Research Group. With twenty years of experience in the environmental industry, Ms. Crocker provides strategic data and analysis on environmental due diligence trends to environmental consultants, commercial real estate lenders, corporations and other parties involved in real estate transactions. Ms. Crocker leads a team of EDR analysts in conducting qualitative and quantitative research and analysis on the forces affecting commercial real estate markets and environmental due diligence policies. EDR’s Market Research Group offers a series of market surveys, enewsletters, market metrics and educational seminars for environmental consultants and commercial real estate lenders. She is a highly-respected expert on environmental due diligence trends, and is frequently invited to speak on the state of the commercial real estate market and how real estate environmental risk is being managed. Recent conferences include RTM, the Environmental Bankers Association, the Environmental Information Association and SBA’s America East conference. Her articles have been published in a variety of leading environmental, lending and real estate publications. She also writes a bi-monthly column, "Inside the Industry" for AWMA's EM magazine. Ms. Crocker is a member of the ASTM E 50.02.06 Phase I Task Group, and she represented EDR as a Resource Participant on EPA's "All Appropriate Inquiry" Negotiated Rulemaking Committee. Ms. Crocker’s efforts to educate the due diligence marketplace about this new rule won EDR a Business Achievement Award from the Environmental Business Journal in January 2005. Prior to EDR, Ms. Crocker worked as an economic analyst at E.H. Pechan & Associates, Inc., an environmental consulting firm in northern Virginia, specializing in the development and implementation of economic models to estimate the financial and market impacts of proposed environmental policies and legislation on affected industries. Paul Farrington, Senior Project Manager Shaw Environmental & Infrastructure, Inc. 100 Technology Center Drive Stoughton MA 02702-4705 617-894-6110 paul.farrington@shawgrp.com Mr. Farrington is a Professional Engineer with 39 years of experience and responsibilities that include the design, installation, operation of pollution abatement systems for contaminated subsurface environments, design and construction or infrastructure facilities and property condition assessments. His experience includes management of large and small projects, remediation system design, innovative system pilot testing, large system coordination, and system monitoring and upgrade. He is involved in the areas of regulatory compliance, permitting, and client relations and has been responsible for the oversight of more than fifty site cleanup projects funded by an insurance client. He is a technical resource to multiple project and proposal managers for innovative in situ chemical oxidation technology as well as training staff in property condition assessment for due diligence customers. Much of Mr. Farrington’s earlier work was related to municipal water and wastewater facilities, including treatment and pumping facility improvements, infrastructure investigations and repairs, and distribution and conveyance system expansions. Before joining SHAW E & I, he was employed by IT Corporation and Groundwater Technology. He served the LEA Group of Boston as Environmental and Site Division Manager and was an Associate and Senior Environmental Engineer / Project Manager with Lombardo & Associates / Lombardo Group of Dames & Moore in Boston. Jessica Graf, Esq. Private Practice 617-894-6646 jgraf@hotmail.com Jessica Graf concentrates her practice in renewable energy and real estate finance, environmental law, land use, and energy projects. As counsel for syndicators, investors and developers, she focuses on the tax and business issues of raising investor capital, having closed numerous renewable energy transactions that involved, in total, nearly $2 billion of tax credit equity financing. Jessica also regularly advises energy industry clients on a wide variety of environmental counseling and permitting issues. Her experience includes regulatory, transactional and project development matters for renewable energy and other energy projects. Ms. Graf regularly advises energy industry clients on a wide variety of environmental counseling and permitting issues and is also a frequent speaker on renewable energy facility development and finance. She was most recently a partner at Greenberg Traurig, LLP and prior to that she was a member in the Energy & Environmental and Syndication/Tax Credit practice groups of Nixon Peabody LLP. Lyn Lustig, Esq., Associate Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. One Financial Center, Boston, MA 02111 (617) 348-3088 LMLustig@Mintz.com Lyn is an associate in the firm’s Boston office, practicing in the Environmental Section. Her practice includes transactional and compliance work and litigation. On the transactional side, Lyn counsels clients on the environmental aspects of corporate purchases and sales, including the allocation of risk between the parties. She has worked on deals in several states, including Massachusetts and Connecticut. Lyn reviews and drafts the environmental provisions in corporate asset purchase and merger agreements and also oversees environmental due diligence efforts. Lyn advises clients on regulatory compliance matters on the full range of state and federal environmental laws and regulations. She also advises purchasers of real estate, including industrial facilities, on environmental legal issues raised by conditions on those properties and assists clients in negotiating and securing environmental insurance policies. Lyn also has experience with the permitting of manufacturing operations and new construction and development. Lyn’s practice also includes the litigation of environmental cases in federal and state courts. She defends and brings cost recovery actions for hazardous waste cleanups under CERCLA and its Massachusetts equivalent. Lyn is admitted to practice in Massachusetts and Connecticut, and before the U.S. District Court for the District of Massachusetts. She graduated with a B.A. magna cum laude from Tufts University and earned her J.D. from University of Virginia School of Law, where she was an Executive Editor of the Virginia Environmental Law Journal. Bart Sobieralski New England Regional Manager Environmental Data Resources, Inc. 860.467.6302 bsobieralski@edrnet.com Bart Sobieralski is the New England Regional Manager at Environmental Data Resources, Inc. (EDR). He has been in the environmental industry for the past 6 years working directly with environmental professionals. In his daily activities, he consults and supports all of EDR’s New England clients in regards to their Phase I process.