Lets try and clear up what an "Updated Phase I Environmental Site Assessment" consists of...

 What Counts as an "Updated" Phase I ESA?

A previously completed Phase I ESA may be updated and reused only if:

• The entire report is less than 1 year old, and

• The following five key components are each no more than 180 days old:

🔁 5 Components That Must Be Updated After 180 Days:

1. 🗣️ Interviews with current owners, operators or occupants

2. 📜 Search for recorded environmental cleanup liens

   • (User responsibility per Section 6, but must be dated and documented)

3. 🗂️ Review of federal, tribal, state, and local government records

4. 👀 Visual inspection (site visit) of the subject property and adjoining properties

5. 🖊️ Environmental Professional’s Report

   • Must confirm that the report complies with ASTM E1527-21 and AAI

 Bottom Line:

If any of the above components is older than 180 days, a brand-new Phase I ESA is required.

What If a Phase I ESA Is 2 Months Old and Another Client Wants to Use It?

If the Phase I ESA is only 2 months old, it is still within the 180-day validity window required by ASTM E1527-21. Therefore, it can be used by another client as long as all five key components—site visit, interviews, records review, environmental lien search, and the Environmental Professional’s opinion—were completed within 180 days of the new transaction date.

Keep in mind: the 180-day clock starts from the earliest of those components date, not the report date on the cover sheet.

As per EPA ASTME E1527-21 Standards

4.6.1 Presumed Viability—Subject to 4.8 and the user’s responsibilities set forth in Section 6, an environmental site assessment meeting or exceeding this practice is presumed to be viable when it is conducted within 180 days prior to the date of acquisition9 of the subject property (or, for transactions not involving an acquisition such as a lease or refinance, the date of the intended transaction). The dates of the components presented in 4.6.2(i), (iii), (iv), and (v) for interviews, review of government records, visual inspections, and declaration by environmental professional, shall be identified in the report. Completion of searches for recorded environmental cleanup liens (4.6.2(ii)) is a user responsibility; however, if the user has engaged the environmental professional to conduct these searches, then that date shall also be identified in the report.

4.6.2 Updating of Certain Components—Subject to 4.8 and the user’s responsibilities set forth in Section 6, an environmental site assessment meeting or exceeding this practice and for which the information was collected or updated within one year prior to the date of acquisition of the subject property (or, for transactions not involving an acquisition such as a lease or refinance, the date of the intended transaction) may be used provided that the following components of the inquiries were updated within 180 days prior to the date of purchase or the date of the intended transaction. All of the following components must be conducted or updated within 180 days prior to the date of acquisition or prior to the date of the transaction:

(i) interviews with owners, operators, and occupants;

(ii) searches for recorded environmental cleanup liens (a user responsibility, see Section 6);

(iii) reviews of federal, tribal, state, and local government records;

(iv) visual inspections of the subject property and of adjoining properties; and

(v) the declaration by the environmental professional responsible for the assessment or update ....

Disclaimer: The information provided in this article is for general informational purposes only and reflects the author's educated opinion based on current standards and guidelines. It should not be considered as professional advice or a definitive statement of fact.