Rating System

LEED BD+C: New Construction

Rating System Version

v2 - LEED 2.0

Inquiry

Previous Credit Rulings assert that project with asbestos contamination remediated according to referenced codes can earn the Brownfield Redevelopment Credit only if the asbestos contamination is documented by means of an ASTM E1903-97 Phase II Environmental Site Assessment (ESA). Our project performed a Phase II Subsurface Investigation; however, the asbestos contamination above the surface was documented in a separate assessment. This Comprehensive Asbestos Survey assessment was performed in accordance with the EPA Reg. 40CFR Part 763 as regulated by and in accordance with the Toxic Substances Control Act (TSCA), New York State Industrial Code Rule 56, and the New York City Department of Health Title 15. According to the ASTM website, the ASTM E1903-97(2002) Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process "covers a framework for employing good commercial and customary practices in conducting a Phase II environmental site assessment (ESA) of a parcel of commercial property with respect to the potential presence of a range of contaminants which are within the scope of CERCLA as well as petroleum products". Asbestos is not a petroleum product and it is not within the scope of the Comprehensive Environmental Response, Compensation and Liability Act\'s (CERCLA) Priority List of 275 Hazardous Substances. The ASTM website further states that Phase II ESA\'a are "intended to provide assistance to users in satisfying the appropriate inquiry element of CERCLA\'s innocent purchaser defense, as defined in 42 U.S.C.