Phase 1 Environmental Site Assessments Services

ECA performs all Phase 1 ESAs in accordance with the scope and limitations of the American Society for Testing and Materials (ASTM) Standard E 1527-13 (see below for details). A Phase 1 ESA is performed to assess current or historical land use practices and to identify the presence of any hazardous substances or petroleum products that may exist on or adjacent to the Subject Property.

Having a Phase 1 ESA performed will greatly limit the potential for the property owner from being named as a dreaded PRP (potentially responsible party) in highly litigious / expensive environmental compliance actions. ECA performs the first two phases of Environmental Site Assessments (see Phase 2 ESAs page - this website) and we refer our clients to what are inappropriately called "Phase 3 ESAs" (see "some advice" on our Home page).

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) imposes legal obligations upon property owners to clean up their contaminated site, even when they`re not directly responsible for the contamination ("google" Innocent Landowner Defense)!

In order to benefit from the Innocent Landowner Defense, property buyers must demonstrate "due diligence" regarding potential environmental hazards on the Subject Property. It therefore behooves potential buyers to secure reliable and comprehensive environmental site assessments, so as to protect themselves against future environmental liabilities.

WHY do I need a Phase 1 environmental site assessment?

Also known as a due diligence environmental assessment, Phase 1 Study, or Phase 1 Investigation, a Phase 1 ESA serves the following purposes:

• Determines whether the Subject Property complies with local, state, and federal environmental regulations
• Identifies noncompliance issues regarding the Subject Property
• Recommends economical solutions that will achieve compliance with applicable regulations and reduce environmental liabilities

A properly performed Phase 1 ESA (for real estate transactions) consists of three parts:

• A review of government records and interviews with appropriate officials, regarding the Subject Property and adjacent properties
• A site reconnaissance of the Subject Property and all structures
• An evaluation of acquired information and the presentation of findings and recommendations in a written report 

The Department of Justice, in regard to the National Environmental Policy Act (NEPA), recognizes the fact that Phase I environmental assessments (ESAs) benefit the environment and considers such proactive measures as significant factors towards mitigation of enforcement matters. In a time when regulators have little if any tolerance for noncompliance, the due diligence demonstrated in the form of a Phase 1 environmental site assessment can provide significant protection from liability for a relatively small cost.

So yes - a Phase 1 ESA is necessary, if you wish to minimize your exposure to environmental liabilities.

ECA performs all assessments according to ASTM Standard E 1527-13 and the latest All Appropriate Inquiry (AAI) protocol. Mr. Smith is both a geologist and an engineer, with an undergraduate degree in environmental biology and a graduate degree in the earth sciences. With over 23 years experience in the earth science and environmental services disciplines, Mr. Smith has performed more than 170 Phase 1 environmental site assessments, as well as the more complicated Phase 2 assessments for clients representing interests ranging from agricultural to heavy industrial. Of the many "professionals" performing these assessments, few have the technical expertise to perform a comprehensive investigation that addresses potential / existing issues that a Phase 1 ESA is designed to find.

You should also ask how far back in time they search records, as MANY Phase 1 providers have the false notion that 50 years is sufficient, when in fact a proper search should go back to first development or 1940, whichever is earliest. You should also ask what constitutes a "data failure". A legitimate data failure, regarding standard historical sources, occurs when the source of information is not reasonably accessible (ie, tucked away in a back room within a pile of unlabelled boxes). An illegitimate data failure occurs when a stressed-out employee (of a large firm) has an hour left before (s)he must board the plane enroute to the next assignment and realizes that the city directory information (s)he still needs to get will have to become "not reasonably accessible" or (s)he has Hell to pay!

Amongst the full-service environmental firms, it is a common practice to delegate Phase 1 ESAs to less experienced staff, since Phase 1 ESAs are not big money-makers and because they are incorrectly perceived as simple boiler-plate assignments. Accordingly, many established firms perform Phase 1 ESAs that are oftentimes grossly inadequate in both content and scope!

ECA includes the following elements in all of our professionally prepared Phase 1 ESA Reports.

1. Historical land-usage review
2. Geologic and hydrogeologic setting
3. Reulatory government environmental database review
4. Thorough inspection of Subject Property, as well as inspection of adjacent property and surrounding areas
5. Interviews with the best-informed owners and/or occupants
6. Site Plan of the Subject Property
7. Pertinent digital photographs
8. Pertinent aerial photographs dating back to 1940 or earlier, whenever possible
9. Conclusions regarding Recognized Environmental Conditions (RECs), if present
10. Recommendations