Phase I ESA User Questionnaire

User Responsibilities per ASTM E1527-21 Appendix X3

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.

You must complete this questionnaire regardless of whether LLPs are relevant to your project. Selecting "Not applicable" or "No" where appropriate is a valid response—what matters is that you have considered each question and responded honestly.

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.

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User & Property Information

Basic identification information

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1

Environmental Liens 40 CFR 312.25

Liens filed or recorded against the Subject Property

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Why this is asked: If you are seeking Landowner Liability Protection (LLP) under CERCLA, you are required to search land title records for environmental liens. This search 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 project, or if you have not conducted a title search, simply select "Not applicable."
1. Did a search of land title records identify any environmental liens filed or recorded against the Subject Property?
2

Activity and Use Limitations (AULs) 40 CFR 312.25

Engineering controls, institutional controls, land use restrictions

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Why this is asked: If you are seeking LLP qualification, you are required to search land title records for Activity and Use Limitations (AULs). 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 project, or if you have not conducted a title search, simply select "Not applicable."
2. Did a search of land title records identify any Activity and Use Limitations (AULs) such as engineering controls, institutional controls, or land use restrictions filed or recorded against the Subject Property?
3

Specialized Knowledge 40 CFR 312.28

Your specialized knowledge or experience related to the property

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Why this is asked: If you have specialized knowledge about the Subject Property—for example, if you work in the same industry as current or former occupants—you may be aware of chemicals or processes that could indicate environmental concerns. This information helps the Environmental Professional conduct a thorough assessment.
3. Do you have any specialized knowledge or experience related to the Subject Property or nearby properties? (For example, are you involved in the same line of business as current or former occupants, giving you knowledge of chemicals and processes used?)
4

Relationship of Purchase Price to Fair Market Value 40 CFR 312.29

Assessment of whether price reflects potential contamination

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Why this is asked: A purchase price significantly below fair market value may indicate that contamination is known or suspected. This information helps the Environmental Professional understand the context of the transaction.
4. Does the purchase price being paid for this Subject Property reasonably reflect the fair market value of the property if it were not contaminated?
5

Commonly Known or Reasonably Ascertainable Information 40 CFR 312.30

Information about past uses, chemicals, spills, and cleanups

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Why this is asked: Any information you have about the property's history, chemicals used, spills, or cleanups helps the Environmental Professional identify potential environmental concerns. Please share what you know—even partial information is valuable.
5a. Do you know the past uses of the Subject Property?
5b. Do you know of specific chemicals that are present or were once present at the Subject Property?
5c. Do you know of any spills or other chemical releases that have taken place at the Subject Property?
5d. Do you know of any environmental cleanups that have taken place at the Subject Property?
6

Degree of Obviousness 40 CFR 312.31

Obvious indicators of contamination or releases

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Why this is asked: If you have visited or are familiar with the property, you may have observed obvious signs of contamination such as stained soil, stressed vegetation, unusual odors, or abandoned drums and tanks. This information helps guide the site inspection.
6. Based on your knowledge and experience, are there any obvious indicators that point to the presence or likely presence of releases at the Subject Property?

User Certification

By submitting this questionnaire, I certify that the information provided is true and accurate to the best of my knowledge. I understand this questionnaire is part of the All Appropriate Inquiries (AAI) process and will be incorporated into the Phase I Environmental Site Assessment.