Mitigate risk with experience and expertise

Redefining the environmental assessment process

Since 1999, ePhase has been providing environmental assessments for our clients to identify potential liabilities quickly and accurately. Environmental problems can be expensive to remedy, so recognizing environmental risks before assuming ownership is crucial in real estate transactions. A Phase I Environmental Site Assessment (ESA) identifies potential liabilities, giving you the information you need to make an informed business decision and to strengthen your position at the negotiating table. Additionally, a Phase I ESA performed in accordance with the current ASTM standard (ASTM E1527-21) provides you with liability protection under the “Innocent Landowner Defense.”

While ePhase specializes in Phase I ESAs, we do not engage in testing and remediation. It is our philosophy that keeping the assessment and testing functions separate provides you with the highest quality, most objective results. With that said, if a Phase I ESA concludes that further investigation should be performed, ePhase can direct to the appropriate people to keep your project moving forward.

Services

ePhase offers the following environmental due diligence services:

Phase I Environmental Site Assessments per the current ASTM Standard (ASTM E1527 -21)
Transaction Screens per the current ASTM Standard (ASTM E1528-22)
Environmental Desktop Review (typically includes an environmental database review and a determination of high or low environmental risks)
Follow-up agency file reviews

Although we are based in West Chester, PA, we have a wide network of environmental professionals that allow us to perform environmental assessments across the country. ePhase guarantees Phase I ESA results within 10 to 15 business days.

FAQ

Do I need to report my findings to the EPA or DEP?
Unless there is an obvious and immediate known threat to human health and the environment, findings and conclusions generated through the Phase I process are not reportable to any governing state or federal agency. ePhase leaves it up to our clients to report any findings of the Phase I process to the agencies.
Are the results of my environmental assessment confidential?
Yes. It is ePhase’s internal policy that all projects are confidential in nature. Without specific written consent of the client, all information generated as part of the Phase I process is the property of the client and is not shared with anyone outside ePhase.
Does ePhase carry liability insurance?
Yes. Each and every Phase I we perform is covered under our extensive insurance policy. ePhase maintains policies of insurance for Commercial General Liability and Professional Liability (for Engineers and Scientists) each with a liability limit of $2,000,000.
What does a Phase I ESA entail?
ePhase performs Phase I ESAs in accordance with the current ASTM Standard (E1527-21) which includes the following components:
- Review of user-provided information including any title documents, previous reports, and the User Questionnaire (the “user” is the one who requests the Phase ESA Report i.e. the “user” of the report)
- Site Reconnaissance (an inspection of the site, all buildings/structures on the property, and a review of the adjacent properties)
- Records review including:
- - Historical records such as atlases, topographic maps, aerials, city directories, and Sanborns
  - Environmental regulatory records database review including state and federal records
  - Review of local and state records provided by governmental agencies
- Interviews with the owner, occupant and/or site managers
In addition to the items above, ePhase includes a review of business environmental risks (BERs) which are not required per the ASTM Standard, but can be beneficial to know prior to acquiring a property. These BERs includes a cursory review of environmental items of interest such as radon, mold, lead-based paint (LBP), asbestos-contained building materials (ACBM), and wetlands.
What is the difference between a Phase I ESA, Transaction Screen, and Environmental Desktop Review?
A Phase I ESA is the most thorough of the three environmental assessments and is the only assessment that qualifies you for the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Landowner Liability Protections (LLPs).

On properties where you are not looking to qualify for one of the CERCLA LLPs, a transaction screen may be performed, which can be thought of as a “pre” Phase I ESA. The goal of a transaction screen is to identify potential environmental concerns. The elements in a Transaction Screen include:
- Detailed on-site inspection
- Governmental database search/records review
- Interviews with the owner, occupant and/or site managers
- Limited historical records review
On properties where you are not looking to qualify for one of the CERCLA LLPs and where environmental issues are not suspected, an Environmental Desktop Review may be the best option. At a fraction of the cost, ePhase can run an environmental database review and provide an opinion on whether the property is of low or high risk for environmental liabilities based solely on the findings of the database review.
What will the Phase I ESA identify?
The Phase I ESA process identifies recognized environmental conditions (RECs), historical recognized environmental conditions (HRECs), controlled recognized environmental risks (CRECs), de minimis conditions, and business environmental risks (BERs).
- A REC is defined as the presence, or likely presence, of hazardous substances or petroleum products in, on, or at the subject property due to a release to the environment or under conditions that pose a material threat of a future release to the environment.
- An HREC is defined as a previous release of hazardous substances or petroleum products affecting the subject property that has been addressed to the satisfaction of the applicable regulatory authority or authorities and meeting unrestricted use criteria established by the applicable regulatory authority or authorities without subjecting the subject property to any controls (for example, activity and use limitations or other property use limitations).
- A CREC is defined as a recognized environmental condition affecting the subject property that has been addressed to the satisfaction of the applicable regulatory authority or authorities with hazardous substances or petroleum products allowed to remain in place subject to implementation of required controls (for example, activity and use limitations or other property use limitations).
- A de minimis condition is defined as a condition related to a release that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.
- A BER is defined as a risk which can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of commercial real estate, not necessarily related to those environmental issues required to be investigated per the ASTM practice.
What is a hazardous substance or petroleum product?
The United States Environmental Protection Agency (US EPA) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) identifies the roughly 800 substances defined as hazardous substances (CERCLA 42 U.S.C. § 9601(14)). The term “hazardous substance” does not include petroleum. Petroleum products is defined as petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance, natural gas, natural gas liquids, liquefied natural gas, and synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
If a REC is identified during the Phase I ESA, what are the next steps?
If ePhase identifies recognized environmental conditions and/or significant environmental concerns as a result of the Phase I, we typically recommend that a Phase II Environmental Site Assessment be performed. In deciding whether to proceed with the Phase II, clients must consider how much risk they are willing to accept if they do not perform follow-up testing to quantify their environmental exposure. ePhase works with a number of specialists who can perform any follow-up work we recommend necessary to quantify your exposure – whether it’s abating the asbestos or removing the UST. In addition, we can recommend consulting firms should you need to implement a soil or ground water investigation.
How will my report be delivered?
ePhase will email you a PDF version of your report when finalized. ePhase is a paperless company and as a standard practice, we do not send out hard copies of the reports unless specifically requested.
How long is a Phase I ESA good for?
As per the current ASTM standard, a Phase I ESA is viable when it is conducted within one year prior to the date of the transaction, provided that the necessary updates are performed within 6 months and one year. A Phase I ESA needs to be completed within this time frame to qualify for the CERCLA LLPs.