Dates in a Phase I report

A Phase I report has to show when its parts were done, not only when it was issued. The standard requires the dates of four components to be identified in the report, and the standard and the federal rule both count 180 days and one year back from the date of acquisition.

What the standard requires

Four dates in the report. The dates of the interviews, the review of government records, the visual inspections and the environmental professional's declaration shall be identified in the report (E1527-21, 4.6.1). The report shall also give the date or dates of the site reconnaissance and of the interviews, with who conducted them (E1527-21, 12.3).
The lien search date. Searching for recorded environmental cleanup liens is the user's responsibility. If the user engaged the professional to make the search, the report shall identify that date too (E1527-21, 4.6.1).
180 days. Subject to the user's responsibilities and the actual knowledge exception, an assessment that meets the practice is presumed viable when conducted within 180 days before the date of acquisition or, for a transaction with no acquisition, such as a lease or refinance, before the date of the intended transaction (E1527-21, 4.6.1, 4.8).
One year, with five components updated. On the same conditions, such an assessment may be used where its information was gathered or brought up to date in the year before that date, provided five components were done or updated within 180 days before it: the interviews, the lien search, the government records review, the visual inspections, and the professional's declaration (E1527-21, 4.6.2).
For the liability protections. To meet one threshold for a landowner liability protection, those five components have to be done or brought up to date in the 180 days before the date of acquisition, and every other component in the year before it (E1527-21, 4.6.3).
The report date is not the test. The date of the report generally is not the date the components were completed, and should not be used in judging compliance with the two periods (E1527-21, 4.6.3).
Older work. Information from an earlier assessment may be used if it came from procedures that meet or exceed the practice, but shall not be used unless conditions likely to affect recognized environmental conditions are investigated afresh (E1527-21, 4.7.1). It may not be used where the user or the professional actually knows it to be inaccurate, or where its inaccuracy is obvious (E1527-21, 4.8). A different user who relies on the assessment within the period must also meet the user's responsibilities (E1527-21, 4.6.4).
Dates on the sources. For each source checked, the documentation shall include the date the request was filled and the date the source last updated its information (E1527-21, 8.1.9).

What the federal rule says

All appropriate inquiries, the rule says,

must be conducted within one year prior to the date of acquisition of the subject property

40 CFR 312.20(a)

and

Notwithstanding paragraph (a) of this section, the following components of the all appropriate inquiries must be conducted or updated within 180 days of and prior to the date of acquisition of the subject property:

40 CFR 312.20(b)

The components it lists are the same five (40 CFR 312.20(b)(1) to (5)). The rule defines the date of acquisition as "the date on which a person acquires title to the property" (40 CFR 312.10). The rule counts from the date of acquisition only; the standard adds the date of an intended transaction where there is no acquisition (E1527-21, 4.6.1, 4.6.2). The rule does not say that the report must show the component dates; the standard does (E1527-21, 4.6.1). The rule says the standard's procedures may be used to comply with its sections 312.23 through 312.31 (40 CFR 312.11); the two periods are in section 312.20.

How it is written

The dates are set out together, one line for each component, so that a reader can find them without searching the report. The lien search is shown with who made it. Where an earlier assessment is used, the report says which components were conducted again or updated, and when. The report's own date is kept apart from them.

Example, with the facts in brackets:

Dates of the components of this assessment. Interviews: [the dates and the interviewer]. Review of government records: [the date]. Visual inspection of the subject property and of the adjoining properties: [the date and who made it]. Declaration of the environmental professional: [the date]. The search for environmental cleanup liens was made by [the user / the professional at the user's request] on [the date, where the professional made it].

Example, with the facts in brackets:

This report updates the assessment dated [the date] prepared by [the earlier professional]. These components were conducted again or updated: [the components], on [the dates]. This information was taken from the earlier assessment after a current look at conditions: [the information].

What a reviewer checks

Are the dates of the interviews, the government records review, the visual inspections and the declaration identified in the report (E1527-21, 4.6.1)?
Where the professional made the lien search, is its date identified (E1527-21, 4.6.1)?
Are the dates of the site reconnaissance and the interviews given, with who conducted them (E1527-21, 12.3)?
Does each source checked show the date the request was filled and the date the source last updated its information (E1527-21, 8.1.9)?
Does the report keep its date out of any 180-day or one-year test (E1527-21, 4.6.3)?
Where an earlier assessment's information is used, does the report show a current investigation of conditions (E1527-21, 4.7.1)?

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.