1、Designation: D5746 98 (Reapproved 2010)Standard Classification ofEnvironmental Condition of Property Area Types forDefense Base Closure and Realignment Facilities1This standard is issued under the fixed designation D5746; the number immediately following the designation indicates the year oforiginal
2、 adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. Asuperscript epsilon () indicates an editorial change since the last revision or reapproval.1. Scope1.1 PurposeThe purpose of this classification is to defineseven standar
3、d environmental condition of property area typesfor Department of Defense (DoD) real property at a closingmilitary installation with respect to the requirements of theComprehensive Environmental Response, Compensation andLiability Act (CERCLA) of 1980 Section 120(h), as amendedby the Community Envir
4、onmental Response Facilitation Act(CERFA) of 1992, and Section 331 of the National DefenseAuthorization Act for Fiscal Year 1997. As such, this classifi-cation is intended to permit a DoD component to classifyproperty into seven area types, in order to facilitate and supportfindings of suitability t
5、o transfer (FOSTs), findings of suitabil-ity to lease (FOSLs), and uncontaminated parcel determina-tions pursuant to the requirements of CERFA. Users of thisclassification should note that it does not address (exceptwhere noted explicitly) requirements for appropriate andtimely regulatory consultati
6、on or concurrence, or both, duringthe identification and use of these environmental condition ofproperty area types.1.1.1 Seven Recognized Standard Environmental Conditionof Property Area TypesThe goal of this classification is topermit DoD components to classify properties on closing DoDinstallatio
7、ns in order to support determinations of whichproperties are suitable and unsuitable for transfer by lease or bydeed. The term “standard environmental condition of propertyarea type” refers to one of the seven area types defined in thisclassification. An identification of an area type on an environ-
8、mental condition of property map means that a DoD compo-nent has conducted sufficient studies to make a determinationof the recognized environmental conditions of installation realproperty or has complied with the identification requirementsof uncontaminated property under CERFA, or both, and hascat
9、egorized the property into one of the following seven areatypes:1.1.1.1 Standard Environmental Condition of Property AreaType 1An area or parcel of real property where no release, ordisposal of hazardous substances or petroleum products or theirderivatives has occurred (including no migration of the
10、sesubstances from adjacent properties).1.1.1.2 Standard Environmental Condition of Property AreaType 2An area or parcel of real property where only therelease or disposal of petroleum products or their derivativeshas occurred.1.1.1.3 Standard Environmental Condition of Property AreaType 3An area or
11、parcel of real property where release,disposal, or migration, or some combination thereof, of haz-ardous substances has occurred, but at concentrations that donot require a removal or remedial action.1.1.1.4 Standard Environmental Condition of Property AreaType 4An area or parcel of real property wh
12、ere release,disposal, or migration, or some combination thereof, of haz-ardous substances has occurred, and all remedial actionsnecessary to protect human health and the environment havebeen taken.1.1.1.5 Standard Environmental Condition of Property AreaType 5An area or parcel of real property where
13、 release,disposal, or migration, or some combination thereof, of haz-ardous substances has occurred and removal or remedialactions, or both, are under way, but all required actions havenot yet been taken.1.1.1.6 Standard Environmental Condition of Property AreaType 6An area or parcel of real propert
14、y where release,disposal, or migration, or some combination thereof, of haz-ardous substances has occurred, but required response actionshave not yet been initiated.1.1.1.7 Standard Environmental Condition of Property AreaType 7An area or parcel of real property that is unevaluatedor requires additi
15、onal evaluation.1.1.2 CERCLA Section 120(h) RequirementsThis classi-fication of environmental condition of property area types isconsistent with CERCLA 120(h) requirements relating to thetransfer of contaminated federal real property (42 USC 9601and following). Areas classified as Area Types 1 throu
16、gh 4, asdefined in this classification, are suitable, with respect toCERCLA 120(h) requirements, for deed transfer to a non-federal recipient.1This classification is under the jurisdiction of ASTM Committee E50 onEnvironmental Assessment, Risk Management and Corrective Action and is thedirect respon
17、sibility of Subcommittee E50.02 on Real Estate Assessment andManagement.Current edition approved April 1, 2010. Published May 2010. Originallyapproved in 1995. Last previous edition approved in 2002 D5746 - 95. DOI:10.1520/D5746-98R10.1Copyright ASTM International, 100 Barr Harbor Drive, PO Box C700
18、, West Conshohocken, PA 19428-2959, United States.1.1.3 CERFA RequirementsThis classification of environ-mental condition of property area types can be used inconjunction with the reporting requirements of CERFA, whichamended CERCLA (Public Law 102-426, 106 Statute 2174).As defined in this classific
19、ation, areas classified as Type 1 areasare eligible for reporting as “uncontaminated property” underthe provisions of CERFA.At installations listed on the nationalpriorities list, Environmental ProtectionAgency (EPA) concur-rence must be obtained for a parcel to be considered uncon-taminated and the
20、refore transferable under CERCLA 120(h)(4). EPA has stated as a matter of policy that there maybe instances in which it would be appropriate to concur withthe military service that certain parcels can be identified asuncontaminated under CERCLA 120(h)(4), although somelimited quantity of hazardous s
21、ubstances or petroleum productshave been stored, released, or disposed of on the parcel. If theinformation available indicates that the storage, release, ordisposal was associated with activities that would not beexpected to pose a threat to human health or the environment(for example, housing areas
22、, petroleum-stained pavement ar-eas, and areas having undergone routine application of pesti-cides), such parcels should be eligible for expeditious reuse.1.1.4 Petroleum ProductsPetroleum products and theirderivatives are included within the scope of this classification.Under DoD policy, areas on w
23、hich petroleum products andtheir derivatives have been released or disposed of may not besuitable for deed transfer until a response action has beencompleted.1.2 ObjectivesThe objectives guiding the development ofthis classification are as follows: (1) to synthesize and put inwriting a standard clas
24、sification of environmental condition ofproperty area types; (2) to facilitate the development ofhigh-quality, standardized environmental condition of propertymaps that can be used to support FOSTs and FOSLs; (3)tofacilitate the development of a standard practice for conductingenvironmental baseline
25、 surveys; and (4) to facilitate the devel-opment of a standard guide for preparing environmentalbaseline survey reports.2. Referenced Documents2.1 ASTM Standards:2E1527 Practice for Environmental Site Assessments: PhaseI Environmental Site Assessment ProcessE1528 Practice for Limited Environmental D
26、ue Diligence:Transaction Screen Process2.2 Department of Defense Policies:3DoD Policy on the Environmental Review Process to Reacha Finding of Suitability to Lease (FOSL), September 1993DoD Policy on the Environmental Review Process to Reacha Finding of Suitability to Transfer (FOST) for PropertyWhe
27、re No Release or Disposal Has Occurred, June 1994DoD Policy on the Environmental Review Process to Reacha Finding of Suitability to Transfer (FOST) for PropertyWhere Release or Disposal Has Occurred, June 1994DoD Policy on the Implementation of the CommunityEnvironmental Response Facilitation Act (C
28、ERFA), Sep-tember 1993DoD Clarification of “Uncontaminated” EnvironmentalCondition of Property at Base Realignment and Closure(BRAC) Installations, October 19963. Terminology3.1 This section provides definitions, descriptions of terms,and a list of acronyms for many of the words used in thisclassifi
29、cation. The terms are an integral part of this classifica-tion and are critical to an understanding of this classificationand its use.3.2 Definitions:3.2.1 environmental baseline survey (EBS)a survey ofDoD real property based on all existing environmental infor-mation related to the storage, release
30、, treatment, or disposal ofhazardous substances or petroleum products or derivatives onthe property to determine or discover the obviousness of thepresence or likely presence of a release or threatened release ofany hazardous substance or petroleum product. In certaincases, additional data, includin
31、g sampling and analysis, may beneeded in the EBS to support classification of the property intoone of the standard environmental condition of property areatypes. Additionally, an EBS may also satisfy the uncontami-nated property identification requirements of CERFA. An EBSwill consider all sources o
32、f available information concerningenvironmentally significant current and past uses of the realproperty and shall, at a minimum, consist of the following: (1)a detailed search and review of available information andrecords in the possession of the DoD components or recordsmade available by the regul
33、atory agencies or other involvedFederal agencies. DoD components are responsible for request-ing and making reasonable inquiry into the existence andavailability of relevant information and records to include anyadditional study information (for example, surveys for radio-active materials, asbestos,
34、 radon, lead-based paint, transform-ers containing PCB, Resource Conservation and Recovery ActFacility Assessments and Investigations (RFA and RFI), andunderground storage tank cleanup program) to determine theenvironmental condition of the property; (2) a review of allreasonably obtainable Federal,
35、 state, and local governmentrecords for each adjacent facility where there has been a releaseor likely release of any hazardous substance or any petroleumproduct, and that is likely to cause or contribute to a release orthreatened release of any hazardous substance or any petro-leum product on the D
36、oD real property; (3) an analysis of aerialphotographs that may reflect prior uses of the property, whichare in the possession of the Federal government or arereasonably obtainable through state or local government agen-cies; (4) interviews with current or former employees, or both,involved in opera
37、tions on the real property; (5) visual inspec-tions of the real property; any buildings, structures, equipment,pipe, pipeline, or other improvements on the real property; andof properties immediately adjacent to the real property, notingsewer lines, runoff patterns, evidence of environmental impacts
38、(for example, stained soil, stressed vegetation, and dead or ill2For referenced ASTM standards, visit the ASTM website, www.astm.org, orcontact ASTM Customer Service at serviceastm.org. For Annual Book of ASTMStandards volume information, refer to the standards Document Summary page onthe ASTM websi
39、te.3Available from National Technical Information Sevices, 5285 Port Royal Road,Springfield, VA 22161.D5746 98 (2010)2wildlife), and other observations that indicate the actual orpotential release of hazardous substances or petroleum prod-ucts; (6) the identification of sources of contamination on t
40、heinstallation and on adjacent properties that could migrate to theparcel during Federal government ownership; (7) ongoingresponse actions or actions that have been taken at or adjacentto the parcel; and (8) physical inspection of the propertyadjacent to the real property, to the extent permitted by
41、 ownersor operators of such property.3.2.2 environmental baseline survey (EBS) reportthewritten record of an EBS that includes the following: (1)anexecutive summary briefly stating the areas of real property (orparcels) evaluated and the conclusions of the EBS; (2) theproperty identification (for ex
42、ample, the address, assessorparcel number, or legal description); (3) any relevant informa-tion obtained from a detailed search of Federal governmentrecords pertaining to the property, including available maps;(4) any relevant information obtained from a review of therecorded chain of title document
43、s regarding the real property.The review should address those prior ownerships and uses thatcould reasonably have contributed to an environmental con-cern, and, at a minimum, cover the preceding 60 years; (5)adescription of past and current activities, including all pastDoD uses to the extent such i
44、nformation is reasonably avail-able, on the property and on adjacent properties; (6) a descrip-tion of hazardous substances or petroleum products manage-ment practices (to include storage, release, treatment, ordisposal) at the property and adjacent properties; (7) anyrelevant information obtained f
45、rom records reviews and visualand physical inspections of adjacent properties; (8) a descrip-tion of ongoing response actions or actions that have beentaken at or adjacent to the property; (9) an evaluation of theenvironmental suitability of the property for an intended leaseor deed transaction, if
46、known, including the basis for determi-nation of such suitability; and (10) references to key documentsexamined (for example, aerial photographs, spill incidentreports, and investigation results).3.2.3 environmental condition of property mapa map,prepared on the basis of all environmental investigat
47、ion infor-mation conducted to date, that shows the environmentalcondition of a DoD installations real property in terms of theseven standard environmental condition of property area typesdefined in this classification.3.2.4 hazardous substancea substance defined as a haz-ardous substance pursuant to
48、 CERCLA42 USC 9601(14), asinterpreted by EPA regulations and the courts: “(A) anysubstance designated pursuant to section 1321(b)(2)(A) of Title33, (B) any element, compound, mixture, solution, or substancedesignated pursuant to section 9602 of this title, (C) anyhazardous waste having the character
49、istics identified under orlisted pursuant to section 3001 of the Solid Waste DisposalAct(42 USC 6921) (but not including any waste the regulation ofwhich under the Solid Waste Disposal Act (42 USC 6921 etseq.) has been suspended by Act of Congress), (D) any toxicpollutant listed under section 1317(a) of Title 33, (E) anyhazardous air pollutant listed under section 112 of the CleanAir Act (42 USC 7412), and (F) any imminently hazardouschemical substance or mixture with respect to which theAdministrator (of EPA) has taken action pursuant to section2606 o
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