Emerging contaminants are substances that are known or suspected to cause adverse effects to human health and/or the environment, but may not yet be regulated. The new ASTM E1527 Phase I ESA standard confirms that substances not defined as hazardous substances under CERCLA are not considered within the scope of a Phase I ESA. However, the new standard recognizes that these substances, most notably per- and polyfluoroalkyl substances (PFAS), may pose a significant environmental risk to prospective purchasers or financial institutions.
Therefore, in situations where emerging contaminants are considered a hazardous substance under applicable state laws (e.g., Michigan, New Jersey, etc.), or where the Phase I ESA user directs the environmental professional to do so, emerging contaminants may be discussed as a “non-scope consideration”, referred to as a Business Environmental Risk (BER).