Does a Phase I Environmental Assessment Report need to be sent to State or EPA?
This is a Frequently Asked Question, along with the similar question, “Does the State or EPA have copies of old Phase 1 ESA reports?”
The simple answer to both is No; performing a Phase 1 Environmental Assessment on a property you intend to purchase or lease is voluntary. It is a risk management step taken to identify contamination issues on the property or nearby properties which can impact both the value and usability of the property. Once completed there is no requirement that the Phase I Environmental Assessment Report be submitted to any government agency, whether or not potential issues are identified.
However, if issues are identified on a property for which either the Owner or Buyer wishes to get some type of landowner liability protection (LLP) from the State or Federal agency, then agency will typically require all prior reports be submitted for review, including the Phase 1 Report. This is necessary to document that the party requesting liability protection conducted “All Appropriate Inquiry” and is eligible for the protections being requested. Records of these requests are maintained by the agency and the Phase 1 report(s) can typically be reviewed by formal request.