EBC Site Remediation Program Hot Topics in Environmental Due

advertisement
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.
Download