New search of federal, tribal, state and local government records at the AAI search distances (40 CFR 312.26)
ASTM E1527-21 Section 4.6 / 40 CFR 312.20
Phase I ESA Update
$595Our reports / standard scope
4business days
Closing more than 180 days, but less than a year, after your Phase I work? A Phase I update redoes the records search, site visit and interviews and reissues the report with a new Environmental Professional declaration: $595 and 4 business days for reports we wrote. Other firms’ reports are quoted within 1 business hour of seeing them.
Scope and deliverables
Know exactly what’s included.
The new records search, site visit, interviews and declaration listed below, with the cleanup lien search that stays with the user under ASTM E1527-21, are the components 40 CFR 312.20(b) requires within 180 days before you take title. The historical research is kept from the original report, so an update cannot carry a report past one year from its oldest work.
New site visit to the property, with a view of adjoining properties (40 CFR 312.27)
New interviews with the current owner and occupants (40 CFR 312.23)
Earlier findings and data gaps re-evaluated for changes at the property since the original report
Reissued report with a new declaration by an Environmental Professional who meets 40 CFR 312.10
SBA Appendix 5 reliance letter for an updated Phase I included; additional reliance parties $99 each, with the letter issued within 1 business day of a complete request
Outside this report
- Reports whose oldest work is more than one year before closing (a new Phase I is required)
- The environmental cleanup lien search, a user responsibility under ASTM E1527-21 (its date must also be within 180 days of closing)
- Soil, groundwater or vapor sampling (Phase II) and non-scope surveys such as asbestos, lead-based paint and radon
Best for
- Closings that slipped more than 180 days past the original Phase I work
- Buyers relying on the seller’s Phase I, including one written by another firm (quoted after we review the full report)
- Refinances and leases closing within one year of the original report’s oldest work
- SBA loans where the buyer also wants the federal 180-day clock met
Read before you order
Guides and a tool for this report.
Phase I ESA update explained
When you need a Phase I ESA update, and what it redoes.
Short answer: A Phase I ESA update brings a report current when closing falls more than 180 days after the earliest of the five time-sensitive components in 40 CFR 312.20(b): interviews, cleanup lien search, government records review, site visit and Environmental Professional (EP) declaration. No update carries a report past one year from its oldest work. For our own reports we redo all but your lien search: $595, 4 business days.
The federal clocks and lender rules that trigger an update
Two federal clocks apply. Under the All Appropriate Inquiries (AAI) rule, 40 CFR 312.20, the whole inquiry must be done within one year before you take title, and five components must be conducted or updated within 180 days before it. Both clocks run from the dates the work was done, not from the date printed on the report (ASTM E1527-21, Section 4.6.3).
In practice the 180 days run from the earliest of the five component dates, and the year from the oldest work in the whole inquiry, which can be historical research done before any of the five. The report must list the dates of the interviews, government records review, site visit and declaration, and the lien search date only if the EP was hired to run it (Section 4.6.1). For a lease or refinance, ASTM measures to the date of the intended transaction.
A current Phase I satisfies one requirement of the landowner liability protections in CERCLA, the federal Superfund law. For most buyers the relevant protection is the bona fide prospective purchaser defense, which also needs their own inquiries and continuing obligations after closing (42 U.S.C. 9601(40)). EPA says these inquiries cannot be performed after the purchase (EPA Common Elements guidance, p. 5), so finish any update before title transfers.
Lenders add their own tests.
| Lender or program | Report age rule | Source |
|---|---|---|
| SBA 7(a) and 504 | Every environmental report dated within one year of the date the SBA loan number is issued; a Phase I is accepted for review on that basis notwithstanding EPA’s 180-day rule | SOP 50 10 8.1, Section A, Chapter 5, Paragraph E.3; Appendix 4, definition of Phase I Environmental Site Assessment |
| Fannie Mae multifamily | The five components within 180 days before the loan origination date; all other work within one year | Form 4251, Section 1.B |
| Freddie Mac multifamily | Report dated within 6 months before the full underwriting package is delivered; for an early rate-lock application, Freddie Mac may require an update if the report is dated more than 6 months before the commitment (or acceptance or modification) letter is issued | Seller/Servicer Guide, Chapter 61, Section 61.2(b), item 3 |
| Banks | Set by each lender’s credit policy; federal examiner guidance for national banks expects policies to consider the AAI rule but sets no age limit | Comptroller’s Handbook, Office of the Comptroller of the Currency, p. 67 |
SBA’s SOP itself notes, in the Appendix 4 definition, that parties may still wish to meet EPA’s timeframes strictly to avoid jeopardizing legal and regulatory protections. So a buyer with an SBA loan who closes more than 180 days after the earliest of the five components should still consider an update; how much weight to give the CERCLA defenses is a question for the buyer’s attorney. SBA has used the loan-number test since the 2025 SOP took effect on June 1, 2025, so the rule is the same whichever SOP version governs the application.
What a Phase I environmental update redoes, and what it keeps
| Part of the Phase I | In an update | Rule |
|---|---|---|
| Interviews with owners, operators and occupants | Redone | 40 CFR 312.20(b)(1), 312.23 |
| Search for recorded environmental cleanup liens | Redone; the user’s job unless the EP is hired to run it | 312.20(b)(2); ASTM 4.6.2(ii) |
| Federal, tribal, state and local government records | Redone | 312.20(b)(3), 312.26 |
| Site visit to the property and view of adjoining properties | Redone | 312.20(b)(4), 312.27 |
| Environmental Professional’s declaration | New, signed by the EP responsible for the update | 312.20(b)(5); ASTM 4.6.2(v) |
| Historical research (aerials, fire insurance maps, directories) | Kept from the original, so its date still counts toward the one-year limit | 312.20(a); ASTM 4.6.3 |
| Earlier findings and data gaps | Re-evaluated for changes at the property and new specialized knowledge | 312.20(c)(4); ASTM 4.8 |
| A new buyer’s own inquiries (specialized knowledge, purchase price, commonly known information) | Required of every new user | 312.20(d)(2); ASTM 4.6.4 |
A worked example: the closing that slipped
| Date | What happened | What it means |
|---|---|---|
| January 26, 2026 | Historical records review, the oldest work | One-year limit ends January 26, 2027 |
| January 28, 2026 | Government records search, the earliest of the five components | 180-day limit ends July 27, 2026 |
| February 9, 2026 | Report issued and EP declaration signed | Neither sets a limit; earlier work came first |
| August 2026 | Closing moves to September 15, 2026, 230 days after January 28 | Update required |
| September 1-4, 2026 | Update (government records search, site visit, interviews, new declaration); the buyer orders a new lien search the same week | Refreshed components run to February 28, 2027 |
| January 26, 2027 | One year from the oldest work | Last closing the updated report supports |
The refreshed components last to February 28, 2027, but the original research caps the report at January 26, 2027; a later closing needs the rest of the inquiry brought current, in practice a new report.
With an SBA loan number issued August 3, 2026, the February 9, 2026 report would meet SBA’s one-year test without an update (the 2025 SOP applied then, with the same one-year rule), yet the buyer’s 180-day clock ran out July 27, 2026. The September update will be dated after the loan number; the SOP does not say whether that order matters, so confirm with the lender. The Phase I validity calculator runs these dates for your report, and the Phase I ESA 180-day rule guide covers the clocks in depth.
Updating a Phase I environmental report written by another firm
Federal rules let a buyer build on a report prepared for someone else. Under 40 CFR 312.20(d), a report prepared by or for another person, such as the seller, can support your inquiry if it meets the rule’s objectives and performance factors, and you review it, complete your own inquiries into specialized knowledge, purchase price and commonly known information, and update it as needed. ASTM E1527-21 adds that a later user must meet the user responsibilities (Section 4.6.4), that information known to be inaccurate cannot be reused (Section 4.8), and that the standard itself gives no right to rely on someone else’s report (Section 4.7.1).
The new firm’s EP signs the declaration for the update (ASTM 4.6.2(v)). That declaration states that the EP developed and performed the inquiry in conformance with 40 CFR 312 (312.21(d)), so the new EP has to be able to stand behind the original work, which is why the full report is reviewed first.
For an SBA loan, the Appendix 5 reliance letter has the EP state that they performed or supervised the investigation, with a box for an updated Phase I. The SOP does not address updates by a second firm, so confirm with your lender before ordering.
A scope review should confirm:
- The report follows ASTM E1527-21 and 40 CFR 312, or E2247-23 for forestland and rural property (312.11).
- It lists the component dates, and its oldest work is within one year of your closing (ASTM 4.6.1, 4.6.3).
- The full report is available, with appendices (database report, historical sources, photographs), the EP’s qualifications and the signed declarations (312.21(c)-(d)).
- The parcels, buildings and use match the property today.
- Open findings, significant data gaps and recommendations are flagged for the new EP.
- Nothing known shows the old information is wrong (ASTM 4.8).
- You have the right to use the report: the original firm’s terms may limit who can use it, and ASTM leaves those contract questions to the parties (Section 4.7.2).
We confirm scope and price for another firm’s report within 1 business hour of seeing it.
After one year: a new report that can use the old one
Once the oldest work is more than a year before closing, EPA requires every part of the inquiry to be reviewed and updated (70 FR 66075 and 66083). In practice that is a new Phase I.
You can still use a previous Phase I environmental report as a source. ASTM E1527-21 Section 4.7 covers assessments more than a year old: the new EP can draw on an old report’s historical sources and earlier findings if they were produced under procedures that meet E1527-21, and only alongside a current investigation (Section 4.7.1). Adopting an earlier inquiry without review is not enough (70 FR 66084).
A report written to the older E1527-13 cannot be brought current by an update: EPA recognized that version only until February 13, 2024 (40 CFR 312.11), so any compliant E1527-13 report is now more than a year old. Send the old report with your order for a new Phase I ESA, $1,495 in 5 business days for a standard-scope property.
Adding a reliance party
Reliance and an update solve different problems. Reliance lets a new lender or buyer rely on the report as written, and SBA’s Appendix 5 form says the letter is not an update and that the EP does not represent that conditions are unchanged. A new buyer on a report past 180 days may need both: the update for the AAI clock, and the letter for a contractual right to rely. The SBA Appendix 5 letter is included with our update, and each additional reliance party is $99, with the letter issued within 1 business day of a complete request. Our guide to reliance letters explains the SBA letter and how to get one for an existing report.
Price and timing
Our update is $595 flat for a report we wrote on a standard-scope property (one parcel, up to 5 acres, up to 3 buildings and 50,000 square feet total, not heavy industrial or manufacturing). It takes 4 business days from authorization and confirmed site access. An update to another firm’s report is quoted after we review it. None of the firms whose websites we checked in October 2026 published a price for updating a report within its one-year window.
| Where your report stands at closing | What you need | Our price and time |
|---|---|---|
| Five components within 180 days; a new lender or buyer | Reliance letter from the firm that wrote it; a new buyer also makes its own inquiries (40 CFR 312.20(d)) | Our reports: SBA letter included; $99 per added party; letter issued within 1 business day of a complete request |
| Components past 180 days; oldest work within one year | Update | $595, 4 business days for our reports; another firm’s report is quoted |
| Oldest work more than one year before closing | New Phase I that draws on the old report | $1,495, 5 business days |
| Update needed, but a 4-business-day update would not finish before closing | A new report on the rush Phase I schedule, if it can still finish before closing; if not, ask to move the closing | $1,895 ($1,495 plus $400), 3 business days from authorization and confirmed site access |
Sources
- 40 CFR 312.20, All appropriate inquiries, Electronic Code of Federal Regulations, accessed October 2026
- 40 CFR Part 312, Innocent Landowners, Standards for Conducting All Appropriate Inquiries (Sections 312.10, 312.11, 312.21 to 312.27), Electronic Code of Federal Regulations, accessed October 2026
- ASTM E1527-21, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (Sections 4.6 to 4.8), ASTM International, accessed October 2026
- Standards and Practices for All Appropriate Inquiries, final rule, 70 FR 66070 (November 1, 2005), U.S. Environmental Protection Agency, Federal Register, accessed October 2026
- Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who May Qualify as CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners (“Common Elements”), July 29, 2019, U.S. Environmental Protection Agency, accessed October 2026
- 42 U.S.C. 9601, Definitions (CERCLA section 101), U.S. Government Publishing Office, United States Code 2024 edition, accessed October 2026
- SOP 50 10 8.1, Lender and Development Company Loan Programs with Technical Policy Updates, effective October 1, 2026 (Section A, Chapter 5, Paragraph E.3; Appendices 4 and 5), U.S. Small Business Administration (Word file), accessed October 2026
- Form 4251, Environmental Due Diligence Requirements, April 2025 (Section 1.B, Phase I ESA Viability), Fannie Mae Multifamily, accessed October 2026
- Multifamily Seller/Servicer Guide, Chapter 61, Environmental Requirements (Section 61.2(b), Guide Bulletin Update 08/25/26), Freddie Mac, accessed October 2026
- Comptroller’s Handbook, Commercial Real Estate Lending, Version 2.0, March 2022, updated March 20, 2025, Office of the Comptroller of the Currency, accessed October 2026
Clear commitments.
Before work begins.
On-time guarantee
Miss the delivery date we commit to for a reason within our control, and we take $250 off, or refund the full fee if it is under $250.
Acceptance guarantee
For reports ordered to ASTM E1527-21, ASTM E1528-22 or SBA SOP 50 10 8.1, we correct the report at no charge if noncompliance causes lender or SBA rejection. If we cannot correct it, we refund that report’s fee. The engagement terms explain the exclusions.
How it works
A clear path from address to answer.
- Start here
Tell us about the property
Address, report type and timeline. Start your request online, with no payment required.
- 1 business hour
Confirm your scope, price and date
A project manager reviews the request and sends your fixed proposal. Work begins after you authorize.
- Records + site
Research, site visit and review
Records research starts when you authorize, and the site visit follows on the confirmed schedule. An Environmental Professional who meets 40 CFR 312.10 reviews the findings and signs the report.
- 4 business days
Your report, ready for the next step
Receive your report and supporting documentation. We stay available for questions from you and your lender.
Your questions
Questions about the Phase I Update.
Have a question about your property or transaction? Talk to our team.
When does a Phase I ESA need an update?
When your closing will fall more than 180 days after the earliest of five components: the interviews, the environmental lien search, the government records review, the site visit and the Environmental Professional’s declaration (40 CFR 312.20(b)). The dates of the work count, not the report date. An update works only while the oldest work in the report is less than one year old at closing. SBA and some lenders apply their own tests, so check theirs as well.
What does a Phase I environmental update include?
A new government records search, a new site visit, new interviews with the owner and occupants, and a reissued report with a new declaration by an Environmental Professional who meets 40 CFR 312.10. The environmental lien search must also be current; ASTM E1527-21 makes it the user’s responsibility. The historical research is kept from the original report. Compyle Environmental charges $595 to update its own report on a standard-scope property, delivered in 4 business days from authorization and confirmed site access.
Can I use a previous Phase I environmental report?
Often, if recent. Under 40 CFR 312.20(d), you can build on a report prepared for the seller or another party if it meets the rule and you review it and complete your own inquiries into specialized knowledge, purchase price and commonly known information. Components past 180 days at closing need an update; past one year from the oldest work, you need a new report that can draw on the old one. A contractual right to rely on it takes a reliance letter from the firm that wrote it.
Can you update a Phase I written by another consultant?
Usually, after we review the full report. Federal rules let a buyer build on a report prepared for someone else (40 CFR 312.20(d)), so a new firm’s Environmental Professional can update it if it meets ASTM E1527-21 and its oldest work is within one year of closing, redoing the interviews, records review and site visit and signing a new declaration. We confirm scope and price within 1 business hour of seeing the report. For SBA loans, ask your lender first: SBA’s SOP is silent on second-firm updates.
Does the SBA accept a Phase I older than 180 days?
Yes, within limits. SOP 50 10 8.1 says that, notwithstanding EPA’s 180-day update rule, SBA will accept for review an otherwise compliant Phase I dated within one year of the date the SBA loan number is issued. SBA adds that parties may still wish to meet EPA’s timeframes to avoid jeopardizing legal and regulatory protections, so a buyer closing more than 180 days after the earliest time-sensitive component should consider an update. The SBA Appendix 5 reliance letter has a box for an updated Phase I.
What if my Phase I is more than a year old?
If its oldest work will be more than one year old at closing, the whole inquiry must be brought current, which in practice means a new Phase I. The old report still helps: under ASTM E1527-21 (Section 4.7.1), the new Environmental Professional can use its historical sources and findings if they were produced under procedures that meet E1527-21 and are checked against a current investigation. A Compyle Environmental Phase I is $1,495 for a standard-scope property, delivered in 5 business days, or 3 business days with a $400 rush.
Move your transaction forward.
Scope, price and delivery date confirmed before you authorize. No payment online.