Asbestos in a Phase I

A building on the subject property may hold asbestos-containing building materials, or the user asks whether the Phase I covers asbestos. The standard lists such materials among its non-scope considerations where no release into the environment is involved (E1527-21, 13.1.5.1). Whether asbestos comes inside the assessment depends on four things: whether the material is still part of a standing building, whether it has reached the environment, what the history shows of buildings that came down, and what the user has asked for.

What the answer turns on

Whether the material is still part of a standing building. The standard's appendixes are nonmandatory. The one on non-scope issues reports that asbestos is designated a hazardous substance under the federal cleanup law, while the costs of abating it in buildings are generally not recoverable under that law (E1527-21, X6.1.1). The legal background appendix describes the law's building materials exclusion as applying only where both hold: the release comes from a product that is part of a structure, and the exposure is within that structure. In one case it reports, costs of abating asbestos dust a fire released inside leased offices were held not recoverable, because the material had been part of the building (E1527-21, X1.1.4.3(2), (2)(b)). Establish whether the material is installed, and inside the building.
Whether it has reached the environment. The definition of a recognized environmental condition (REC) asks whether hazardous substances or petroleum products are present or likely present at the subject property owing to a release or likely release to the environment, or present where conditions pose a material threat of one (E1527-21, 3.2.73). The non-scope appendix uses asbestos as its example: excluded from the federal law while within a standing structure, such materials may lose that exclusion once the building is torn down and they lie buried in soil, so an item left out of an earlier Phase I may, in some circumstances, need weighing in a later one (E1527-21, X6, introduction). The legal background appendix reports a buyer allowed to recover disposal costs after demolishing its building, the release no longer confined to its interior, and courts allowing recovery of costs for soil contaminated by buried asbestos-contaminated materials (E1527-21, X1.1.4.3(2)(c)). Establish whether building material has been broken up, dumped, buried or left in the open.
What the history shows of buildings that came down. Every obvious use of the subject property is traced back to its first developed use or to 1940, whichever is earlier (E1527-21, 8.3.8). Building department records, which show permission to build, alter or demolish, are reviewed where the professional judges more review warranted (E1527-21, 3.2.10, 8.3.4.5, 8.3.8). Establish where any former building stood and what became of its debris.
What the user has asked for. A service beyond the practice should be agreed between user and professional before the assessment begins (E1527-21, 1.4, 4.4). The practice includes no testing or sampling, and names building materials among its examples (E1527-21, 7.4). The non-scope appendix lists materials that commonly contained asbestos until the late 1970s and others used until the middle to late 1980s, says some made later may still contain it, and says the federal asbestos air emission standard calls for sampling before renovation or demolition whatever a building's age (E1527-21, X6.1.1, X6.1.2). For a multifamily loan the Federal Housing Administration insures, the Department of Housing and Urban Development's requirements are on asbestos on an FHA multifamily loan.

The records that bear on it

Site visit. The periphery of the subject property and of every structure on it is observed, and the description of structures gives, as an example, the approximate age of buildings (E1527-21, 9.2.2, 9.4.7). The solid waste item covers ground graded by other than natural causes or raised with fill of unknown origin where it suggests debris or other waste, and mounds or depressions that suggest trash or other waste (E1527-21, 9.4.25). Conditions under floors, above ceilings or behind walls need not be identified (E1527-21, 9.2.4.2).
Historical sources. Aerial photographs and fire insurance maps show development and uses at dated points; look for a building present in one and gone from the next (E1527-21, 8.3.4.1, 8.3.4.2).
Interviews and documents. Before the site visit the owner, key site manager and user are asked for earlier environmental site assessments and site investigation reports (E1527-21, 10.8.1).
Agency records. Georgia's asbestos program collects demolition project notifications (Georgia).

What the federal rule says

The inquiry rule (40 CFR part 312) does not name asbestos. Among the kinds of information it has a party seeking the liability protections, and the environmental professional, seek about the subject property:

Waste management and disposal activities that could have caused releases or threatened releases of hazardous substances;

40 CFR 312.20(e)(1)(iii), edition revised as of July 1, 2025

How it is written up

Debris, fill or the site of a demolished building is a finding when the professional judges it may indicate hazardous substances present or likely present at the subject property, and the opinion gives the reasoning for or against each class the finding pertains to (E1527-21, 12.5, 12.6).

Where the professional concludes that asbestos from building material is present or likely present at the subject property owing to a release into the environment, the opinion gives the grounds: the material, where it lies, and the observation or record that shows it. Unless judged a de minimis condition or a historical REC, the REC is listed in the Conclusions, and the professional should give an opinion on additional investigation, if any (E1527-21, 3.2.20, 3.2.39, 12.7, 12.8).

Where the professional concludes the material remains part of a standing building with no release into the environment, it stays a non-scope consideration (E1527-21, 13.1.2, 13.1.5.1). An asbestos service the user has engaged is reported only as the terms of engagement specify, and additions to the practice are listed (E1527-21, 12.10, 12.11). The body of the standard does not say whether suspect material seen on the site visit, outside any agreed service, is mentioned in the report; the non-scope appendix leaves that to the user (E1527-21, X6, introduction).

The history of the subject property back to its first developed use or 1940, which would show whether a building stood there and came down, may be what the standard historical resources fail to give (E1527-21, 3.2.18, 8.3.6). Required information that good faith efforts could not obtain is a data gap, significant if it affects the ability to identify a REC: named in the Findings with the sources consulted, discussed in the Opinions and listed in the Conclusions (E1527-21, 3.2.19, 3.2.78, 12.5.1, 12.6.2, 12.7).

This page is general reference for environmental professionals. It does not classify any property. ASTM E1527-21 is the standard and is not reproduced here; the judgment of the environmental professional on the facts governs.