1、Designation: D 5746 98 (2002)Standard Classification ofEnvironmental Condition of Property Area Types forDefense Base Closure and Realignment Facilities1This standard is issued under the fixed designation D 5746; the number immediately following the designation indicates the year oforiginal adoption
2、 or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. Asuperscript epsilon (e) indicates an editorial change since the last revision or reapproval.1. Scope1.1 PurposeThe purpose of this classification is to defineseven standard enviro
3、nmental 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 Environmental
4、 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 to transf
5、er (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 consultation or co
6、ncurrence, 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 DoDinstallations in or
7、der 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-mental c
8、ondition 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 hascategorized
9、 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 thesesubsta
10、nces 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 parcel o
11、f 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 where rele
12、ase,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 release
13、,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 property where
14、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 additional eva
15、luation.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 through 4, as
16、defined 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 responsibility
17、 of Subcommittee E50.02 on Real Estate Assessment andManagement.Current edition approved Sept. 10, 1998. Published December 1998. Originallypublished as D 5746 - 95. Last previous edition D 5746 - 95.1Copyright ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959,
18、 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 classification, areas classified as Type 1 a
19、reasare 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 therefore transferable under CERCLA 12
20、0(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 substances or petroleum productshave
21、 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, petroleum-stained pavement ar-eas
22、, 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 which petroleum products andtheir de
23、rivatives 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 classification of environmental conditi
24、on 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 surveys; and (4) to facilitate the
25、 devel-opment of a standard guide for preparing environmentalbaseline survey reports.2. Referenced Documents2.1 ASTM Standards:2E 1527 Practice for Environmental SiteAssessments: PhaseI Environmental Site Assessment ProcessE 1528 Practice for Environmental Site Assessments:Transaction Screen Process
26、2.2 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 PropertyWhere No Release or Disposal Has Occurred,
27、 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 (CERFA), Sep-tember 1993DoD Clarification
28、 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 thisclassification. The terms are an integral part
29、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, treatment, or disposal ofhazardous su
30、bstances 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, including sampling and analysis, may beneeded i
31、n 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 of available information concerningenvir
32、onmentally 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 regulatory agencies or other involvedFederal
33、 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, radon, lead-based paint, transform-ers
34、 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, state, and local governmentrecords for
35、 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 DoD real property; (3) an analysis of ae
36、rialphotographs 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 operations on the real property; (5) visual
37、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(for example, stained soil, stressed ve
38、getation, 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 website.3Available from National Technical I
39、nformation Sevices, 5285 Port Royal Road,Springfield, VA 22161.D 5746 98 (2002)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 theinstallation and on adjacent propert
40、ies 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 ownersor operators of such property.3
41、.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 example, the address, assessorparcel num
42、ber, 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 documents regarding the real property.The revi
43、ew 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 information is reasonably avail-able, o
44、n 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 from records reviews and visualand phys
45、ical 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 known, including the basis for determi
46、-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 investigation infor-mation conducted to date, th
47、at 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 CERCLA42 USC 9601(14), asinterpreted
48、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 characteristics identified under orlisted pursu
49、ant 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 of Title 15. The term does not include pe
