Phase One Environmental Site Assessments (Phase I ESAs) are prepared to prevent unintentionally purchasing or leasing contaminated property, and to gain protection under the “Innocent Landowner” provisions of the Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA)(“Superfund”) if contamination is discovered after purchase.
Typically prepared during business and real estate transactions (e.g., purchasing or leasing buildings and real property, business acquisition or merger, and new residential developments), Phase I ESAs must be prepared in general conformance with American Society for Testing and Materials (ASTM) Standard E1527-21 and the US Environmental Protection Agency (USEPA) All Appropriate Inquiries Rule (40 CFR 312).
The Phase I ESA is a screening procedure to identify any recognized environmental conditions (RECs) based on available records, observations, and other sources of obtainable information, and its conclusions are based on sources including the following:
- historical aerial photographs
- historical building permits
- historical fire insurance maps
- historical city directories
- historical topographical map review
- local emergency responders
- site hydrogeologic conditions
- federal and state government environmental records
- inspection of subject property and surrounding areas
- interviews with property owners, operators, occupants
Phase I ESAs should be prepared by experienced professionals who are trained an experienced in obtaining and interpreting available information, conduct productive interviews, and perform detailed building and site inspections. At a minimum, those preparing Phase I ESAs must meet the EPA’s criteria for Environmental Professionals. Phase One Pros assessors exceed those standards, and all Phase I ESAs undergo review and approved by a registered Professional Engineer before release.
Phase I ESAs contain a variety of information, including a site diagram, digital photographs, compiled data, qualifications of the assessor(s) involved, conclusions regarding significant environmental liabilities and recognized environmental conditions, and recommendations.
Phase I ESA scopes of work can be expanded to identify the presence of potential additional environmental concerns. Asbestos, lead-based paint, and other hazardous materials were used during the construction of schools, office buildings, churches, hospitals, and other structures. Asbestos is found in surfacing treatments, pipe insulation, and a wide variety of other building components. Lead-containing products are present in paint, glazes, plumbing fixtures, and steel structures. As these materials age, they deteriorate, and if not managed properly by experienced professionals, may present health risks to building occupants and maintenance workers. Purchasers of property with asbestos and lead need to be aware of any liabilities or constraints associated with the property.