Phase I site assessments are an assessment of the risk of contamination at a site. Generally assessed through review of historical records, aerial photographs, review of regulatory agency information and by undertaking a site inspection. No sampling is done. Phase I's are used in assessing the potential environmental liability associated with a property and are usually required when selling, buying, or financing or for other property transactions such as development permit approvals, rezoning, or subdivisions. Phase I assessments are conducted according to The American Society of Testing Materials (ASTM) Committee E-50 Standard of Practice for Environmental Site Assessments for Commercial Real Estate (E-1527-05).
Federal AAI Rule Now in Effect
Under the 2002 Small Business Liability and Brownfields Revitalization Act, Congress ordered the U.S. EPA to codify the first federal environmental site assessment rule in history to address each of the ten steps that must be satisfied prior to a property purchase to qualify a landowner for liability protection under CERCLA. Effective November 1, 2006, a property purchaser must comply with either the federal rule entitled "Standards and Practices for All Appropriate Inquiries" (40 CFR Part 312) or ASTM's revised Phase I environmental site assessment standard (ASTM E 1527-05) to qualify as an innocent landowner, contiguous property owner or bona fide prospective purchaser under CERCLA.
For more information about these changes refer to the Changes in Requirements for Phase I ESAs or contact Lui Barkkume.