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How long is a Phase I valid?

Under ASTM E1527-21 and the AAI rule, a Phase I supports CERCLA liability protection when its information was collected or updated within one year before acquisition, and five components must be no older than 180 days at closing:

  1. Interviews
  2. Searches for recorded environmental cleanup liens
  3. Government records review
  4. Site reconnaissance (the visual inspection)
  5. The environmental professional's declaration

In practice the 180-day clock on those components is the binding constraint, and it runs from when each task was performed, not from the report date. A report older than 180 days but younger than one year can typically be updated by refreshing the five components rather than redone from scratch.

Deal implication: order the Phase I early enough to act on it, but mind the closing date. A report commissioned at LOI for a deal that closes nine months later will need an update. Lenders typically enforce their own currency requirements at or inside the ASTM windows, and a report that goes stale between commitment and closing is a routine, avoidable source of delay.

Maintained by Barrow. General reference only, not legal or professional advice. Barrow is not affiliated with or endorsed by any government agency. See how Barrow drafts the report