Phase I ESA User Questionnaire

About This Questionnaire

This questionnaire addresses the User responsibilities outlined in ASTM E1527-21 Appendix X3. Completing this questionnaire is part of the “All Appropriate Inquiries” (AAI) standard, which is required for a compliant Phase I ESA.

About Landowner Liability Protections (LLPs)

Some questions in this form relate to Landowner Liability Protections (LLPs) under CERCLA (the federal Superfund law). In practice, LLPs are rarely relevant to most real estate transactions. LLPs provide a defense against Superfund liability—meaning they only matter if:

• The property is or becomes a federal Superfund site
• The EPA seeks to hold the property owner liable for cleanup costs
• The owner needs to invoke a legal defense (Innocent Landowner, Bona Fide Prospective Purchaser, or Contiguous Property Owner)

For the vast majority of Phase I ESAs, the purpose is simply to identify potential environmental concerns before a transaction—not to establish a legal defense against Superfund liability. Most properties will never be Superfund sites, and most buyers will never need to invoke LLP defenses.

Sections 1 and 2 (Environmental Liens and AULs) require the User to conduct a land title search if seeking LLP qualification. This is the User’s responsibility and is not part of the Phase I ESA scope of work. If LLP qualification is not relevant to your transaction, or if you have not conducted a title search, simply select “Not applicable.”

Sections 3–6 ask about your knowledge of the property. This information helps the Environmental Professional conduct a thorough assessment regardless of whether LLPs are relevant to your project.