Phase 1 and Phase 2 Environmental Site Assessments for Gardens
Phase 1 versus Phase 2
| Question | Phase 1 | Phase 2 |
|---|---|---|
| What is it? | A review of records, a site visit, interviews and database searches to find signs of past contamination. | Soil, soil gas, groundwater or building material sampling and laboratory analysis. |
| Does it sample the soil? | No. | Yes. |
| Who does it? | An environmental professional, who signs the report. | A qualified consultant, with a work plan and a certified laboratory. |
| What triggers it? | A purchase, a loan or a decision to check a site before use. | A concern found in the Phase 1, or a known past use. |
| What does it produce? | A report that lists recognized environmental conditions and recommendations. | A report with sample locations, results and a comparison to screening values. |
| Is it a garden requirement? | Not usually. It is common in property purchases and some city land programs. | Only when the situation calls for it. |
Searches for “phase 2 environmental site assessment” are common because buyers, lenders and cities use these terms for any property, not only gardens. For a garden, the key question is whether a professional should look at the site before you plant food in the ground.
Do you need a Phase 1 or Phase 2 for a garden?
- Are you buying the land?If yes, ask a lawyer and a lender about a Phase 1 before closing. It is part of how a buyer shows proper inquiry about past contamination. Go to step 2. If you only lease or borrow, go to step 3.
- Is the site a former gas station, dry cleaner, factory, rail yard or landfill?Then a Phase 1 is strongly advised, and a Phase 2 may follow. Go to step 4.
- Does the owner have a report already?City-owned lots, land bank parcels and former commercial lots often have one. Ask to read it and ask the date and the name of the report’s user. Go to step 4.
- Does a report show a recognized environmental condition?A Phase 2 may be next, usually ordered by the owner or purchaser. A garden group can ask for a test of the area it plans to use.
- Are you comfortable with a basic soil test instead?On a low-risk lot, a lab test for lead and metals may be all you need; see testing for lead and contaminants.
What a Phase 1 includes
The ASTM E1527-21 standard, which EPA recognizes as meeting its all appropriate inquiries rule (40 CFR part 312), lists the main parts of a Phase 1 assessment:
- a records review of government and commercial databases, old maps, aerial photos, fire insurance maps and city directories;
- a site visit to look for tanks, stained soil, drums, fill, odors and signs of past use;
- interviews with owners, occupants and neighbors who know the history;
- a search for environmental liens or use limits recorded against the property; and
- a report with the environmental professional’s conclusions and recommendations.
Terms you will see in a Phase 1 report
| Term | What it means |
|---|---|
| Recognized environmental condition (REC) | Evidence of a release or likely release of hazardous substances or petroleum at the property. A REC often leads to a Phase 2. |
| Controlled recognized environmental condition (CREC) | A past release that was addressed to the satisfaction of a regulator, but with conditions left in place. |
| Historical recognized environmental condition (HREC) | A past release that was cleaned up to unrestricted use, with no conditions. |
| De minimis condition | A minor condition that does not threaten health and would not usually be acted on. |
| Data gap | Information the assessor could not get, which affects the conclusions. |
| User | The person or organization the report was prepared for. Only the user can rely on the report without a reliance letter. |
How long is a Phase 1 good for?
| Point | What applies | Why it matters |
|---|---|---|
| 180 days | Under ASTM E1527-21, key parts of the Phase 1 (interviews, lien search, database review, site visit and the professional’s declaration) must be completed within 180 days before the date of acquisition. | An older report may not satisfy the inquiry a buyer needs. |
| Update | If closing is delayed, the stale parts can be updated for another 180 days, but the report expires after one year. | Ask the consultant for an update, not a new full report. |
| Standard in use | EPA recognizes ASTM E1527-21 under 40 CFR part 312, effective February 13, 2023. Using it is not mandatory; other approaches that meet the rule are possible. | Ask which standard a report follows. |
| Reliance | The report is for the named user. | Ask the consultant for a reliance letter if you need to use someone else’s report. |
These timing rules come from ASTM E1527-21 and EPA’s rule as described in legal summaries. Read the standard or ask the environmental professional and your lawyer before relying on them for a purchase.
What a Phase 2 includes
A Phase 2 is designed from the Phase 1 findings. A consultant writes a sampling plan, collects samples from soil and sometimes groundwater, soil gas or building materials, sends them to a laboratory and reports the results against screening values. What to expect:
- a work plan that explains where, how deep and for which contaminants samples will be taken;
- sampling with drilling or digging equipment, which usually needs the owner’s written permission;
- laboratory results compared with screening levels, such as the EPA residential soil lead values or your state’s values;
- a report with maps, tables and conclusions, and sometimes recommendations about cleanup or limits on use.
Phase 2 work can lead to reporting duties to a state agency in some cases. Ask your lawyer who must report before sampling begins.
Who pays and how grants can help
Assessments are usually paid for by the buyer, lender or owner. EPA Brownfields assessment grants can pay for community-wide and property-specific history reviews and soil and groundwater testing, but only governmental entities, such as cities, counties and some tribes and agencies, can receive them. A community garden group therefore usually works with a city or state partner. EPA reports that its targeted brownfields assessments helped Denver Urban Gardens check twelve initial sites before gardening began. Ask your city whether it has a brownfields program.
Costs depend on the size of the property, its history and the number of samples, so ask consultants for written quotes. This page does not list prices.
What if the assessment finds contamination?
- Do not plant food in the ground until the area is addressed.
- Ask the owner, your state environmental agency and a lawyer who is responsible for the next step. Responsibility usually lies with the owner, and a lease should say so.
- Ask the state whether a voluntary cleanup or brownfields program applies.
- Ask whether a smaller area of the lot is clean enough for raised beds; see raised beds and cleanup.
- Consider another site if cleanup is not realistic.
Questions to ask before you sign or plant
- Has anyone done a Phase 1 or Phase 2 on this lot? Can I read it?
- What was the date of the report, and what standard did it follow?
- Who was the named user, and can I get a reliance letter?
- Did it identify any recognized environmental conditions?
- Does the lot carry any use limit, lien or deed notice?
- Who is responsible if testing finds contamination?
- Does the lease let me test the soil and build raised beds?
Frequently asked questions
What is a Phase 2 environmental site assessment?
It is the sampling and laboratory testing step that follows a Phase 1 when the Phase 1 finds a concern. It measures contaminants in soil, groundwater or soil gas.
What is the difference between Phase 1 and Phase 2?
A Phase 1 reviews records, visits the site and interviews people, with no sampling. A Phase 2 collects samples and tests them in a laboratory.
Does a community garden need a Phase 1?
Not usually by law. A group that buys land, a lender or a city landowner may require one. On leased land, ask for any existing report.
How long is a Phase 1 good for?
Under ASTM E1527-21, key parts must be completed within 180 days before purchase, with updates possible up to one year in total.
Who pays for a Phase 1 or Phase 2?
Typically the buyer, lender or owner. EPA Brownfields assessment grants can fund assessments, but only government entities are eligible.
What is a recognized environmental condition?
Evidence of a release or likely release of hazardous substances or petroleum at the property. It often leads to a Phase 2.
Can I use someone else’s Phase 1 report?
Only the named user can rely on it. Ask the consultant for a reliance letter, and check the report date.
What does a Phase 2 environmental site assessment cost?
It varies with the site and the testing needed. Ask consultants for written quotes.
What is all appropriate inquiries?
The standard EPA sets in 40 CFR part 312 for the investigation a buyer does before acquiring property. A Phase 1 prepared under ASTM E1527-21 is recognized as meeting it. Other conditions apply for liability protection, so ask a lawyer.
What if the Phase 2 finds contamination on a lot I lease?
Tell the landlord, ask who is responsible, avoid planting in the ground and ask the state about its programs. Do not take on cleanup duties in a lease without advice.
Is a Phase 1 the same as a soil test?
No. A Phase 1 does not sample the soil. A soil test samples it for specific contaminants.
Can a city make me do a Phase 2 before I start a garden?
Some cities or land programs ask for soil testing or site assessments on lots they own or permit. Check the program rules.
Official sources
- Code of Federal Regulations, Title 40, part 312 (all appropriate inquiries), including recognition of ASTM E1527-21, effective February 13, 2023
- ASTM International, Standard E1527-21, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
- U.S. EPA, Brownfields program information on assessment grants and targeted brownfields assessments
- U.S. EPA, Know Before You Grow: Understanding Site Risks for Garden and Growing Activities (2021)
- Your state environmental agency and its voluntary cleanup or brownfields program
- Not checked for this page: the full text of ASTM E1527-21 and 40 CFR part 312 (the 180-day and one-year rules and the REC definitions are from legal summaries), and assessment prices