ASTM D6008-22

This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the
Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.
Designation: D6008 − 22
Standard Practice for
Determining the Environmental Condition of Federal
Property
This standard is issued under the fixed designation D6008; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.
1. Scope property to be transferred by deed or leased. The ECP will be
based on existing environmental information related to
1.1 Purpose—The purpose of this practice is to define good
storage, release, treatment, or disposal of hazardous
commercial and customary practice in the United States for
substances, munitions, or petroleum products on the property
assessing the environmental condition of property (ECP) of
to determine or discover the obviousness of the presence or
federal real property. This practice applies to property under
likely presence of a release or threatened release of any
consideration for lease, excess and surplus property at closing
hazardous substance or petroleum product. In certain cases,
and realigning military installations, claims reverting to federal
additional data, including sampling, if appropriate under the
ownership such as abandoned mines, and other federally-
circumstances, may be needed in the ECP to support the FOST
owned property. The steps in this practice are conducted to
or FOSL. A previously conducted ECP may be updated as
fulfillcertainrequirementsoftheComprehensiveEnvironmen-
necessary and used for making a FOSTor FOSL.An ECP also
tal Response, Compensation and Liability Act of 1980 (CER-
may help to satisfy other environmental requirements (for
CLA) section 120(h), as amended by the Community Environ-
example, to satisfy the requirements of CERFA or to facilitate
mental Response Facilitation Act of 1992 (CERFA) and the
the preparation of environmental condition reports). In
federal real property disposal regulations codified in 41 CFR
addition, the ECP provides a useful reference document and
Subpart C (41 CFR 102-75).As such, this practice is intended
assists in compliance with hazard abatement policies related to
to help a user to gather and analyze data and information in
asbestos and lead-based paint. The ECP process consists of
order to classify property into the applicable environmental
discrete steps. This practice principally addresses ECP-related
condition of property area types(inaccordancewiththeASTM
information gathering and analysis.
D5746, Standard Classification of Environmental Condition of
Property Area Types, (see Appendix X1). Once documented,
1.1.1.1 Discussion—Prior versions of this practice referred
the ECP report is used to support Findings of Suitability to
to environmental baseline surveys (EBS). The 2018 Depart-
Transfer (FOSTs), Findings of Suitability to Lease (FOSLs), or
ment of Defense 4165.66M Base Redevelopment and Realign-
uncontaminated property determinations, or a combination
mentManualchangedthefocusto ECP.Appendix3ofDODM
thereof, pursuant to the requirements of CERFAand CERCLA
4165.66M provides direction on the preparation of FOST and
§ 120(h). Users of this practice should note that it does not
FOSL documentation. Section C2.4.2.3 of DODM 4165.66M
address (except where explicitly noted) requirements for ap-
provides direction for Department of Defense property pro-
propriate and timely regulatory consultation or concurrence, or
posed for disposal and redevelopment.
both,duringtheconductofthe ECPorduringtheidentification
1.1.2 CERCLA Section 120(h) Requirements—This practice
and use of the standard environmental condition of property
is intended to assist with the identification of federal real
area types.
property and DoD installation areas subject to the notification
1.1.1 Environmental Condition of Property—In accordance
andcovenantrequirementsofCERCLA§120(h)relatingtothe
with the federal landholding agency policies and General
deed transfer of contaminated federal real property (42 USC
ServicesAdministration’s(GSA)federalreal propertymanage-
9601 et seq.), (see Appendix X2). Examples of other federal
ment regulations, an ECP will be prepared or evaluated for its
landholding agencies that must comply with CERCLA§120(h)
usefulness (and updated if necessary) for any federally-owned
requirements include the Bureau of Land Management, the
Federal Aviation Administration, and U.S. Forest Service.
1.1.3 CERFA Requirements—This practice provides infor-
This practice is under the jurisdiction of ASTM Committee E50 on Environ-
mation to partially fulfill the identification requirements of
mental Assessment, Risk Management and Corrective Action and is the direct
responsibility of Subcommittee E50.02 on Real Estate Assessment and Manage-
CERFA [Pub. L. 102-426, 106 Stat. 2174], which amended
ment.
CERCLA. Property classified as area Type 1, in accordance
Current edition approved Sept. 1, 2022. Published December 2022. Originally
with Classification D5746 is eligible for reporting as “uncon-
approved in 1937 as PS 37. Last previous edition approved in 2014 as D6008-
96(2014). DOI: 10.1520/D6008-22. taminated” under the provisions of CERFA and the Federal
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
D6008 − 22
Management Regulations, Real Property Disposal rules codi- 1.1.7 Non-Federal Property—This standard may also be
fied in 41 CFR 102-75.Additionally, certain property classified used by state and local agencies to assess the environmental
as area Type 2, where evidence indicates that storage occurred
condition of non-federal property.
for less than one year, may also be identified as uncontami-
1.2 Objectives—Objectives guiding the development of this
nated. At installations and federal property listed on the
practice are (1) to synthesize and put in writing a standard
National Priorities List, Environmental Protection Agency
practice for conducting a high quality ECP, (2) to facilitate the
(EPA) concurrence must be obtained for the property to be
development of high quality, standardized environmental con-
considered “uncontaminated” and therefore transferable under
dition of property maps to be included in an ECP that can be
CERCLA § 120(h)(4). The EPA has stated that there may be
used to support FOSTs, FOSLs, and other applicable environ-
instances in which it would be appropriate to concur with the
mental condition reports, (3) to facilitate the use of the
federal landholding agency that certain property can be iden-
standard classification of environmental condition of property
tified as uncontaminated under CERCLA§ 120(h)(4) although
area types (see Classification D5746), (4) to facilitate the
some limited quantity of hazardous substances or petroleum
development of a standard guide for preparing and updating
products have been stored, released,or disposed of on the
ECP reports, and (5) comply with the Federal Real Property
property (see EPA Office of Enforcement and Compliance
Disposal regulations codified in 41 CFR 102-75.
Assurance, May 2019). If the information available indicates
that the storage, release,or disposal was associated with
1.3 Limitations—Users of this practice should note that,
activities that would not be expected to pose a threat to human
while many of the elements of an ECP are performed in a
health or the environment (for example, housing areas,
manner consistent with other “due diligence” functions, an
petroleum-stainedpavementareas,andareashavingundergone
ECP is not prepared to satisfy a purchaser of real property’s
routine application of pesticides), such property should be
duty to conduct “all appropriate inquiries”, as defined in 40
eligible for expeditious reuse.
CFR 312, to establish an “innocent landowner defense”to
NOTE 1—Confirmed releases of emerging chemicals of environmental CERCLA § 107 liability. Any such use of any ECP by any
concern may require additional consideration (see Office of the Under-
party is outside the control of the federal agencies and beyond
secretary of Defense. Policy Memorandum for Clarifications and Upcom-
the scope of any ECP. No warranties or representations are
ingChangestoDepartmentofDefenseInstruction4715.18inResponseto
made by any federal agency, its employees, or contractors that
Department of Defense Office of Inspector General Findings,April 2022).
any ECP report satisfies any such requirement for any party.
1.1.4 Petroleum Products—Petroleum products and their
1.4 Organization of This Practice—This practice has 15
derivativesareincludedwithinthescopeofthispractice.Areas
sections. Section 1 is the scope. Section 2 identifies referenced
on which petroleum products or their derivatives were stored
documents. Section 3, Terminology, includes definitions of
for one year or more, known to have been released or disposed
terms not unique to this practice, descriptions of terms unique
of [CERCLA§ 120(h)(4)] are not eligible to be reported as
to this practice, and acronyms and abbreviations. Section 4 is
“uncontaminated property” under CERFA.
the significance and use of this practice. Section 5 describes
1.1.5 Other Federal, State, and Local Environmental
user’sresponsibilities.Sections6–13arethemainbodyofthe
Laws—This practice does not address requirements of any
data gathering analysis steps of the ECP process. Section 14
federal, state, or local laws other than the applicable provisions
briefly describes the ECP Step 3 classification of environmen-
of CERCLA identified in 1.1.2 and 1.1.3. These applicable or
tal condition of property area types. Section 15 contains a list
relevant and appropriate requirements (ARARs) may have a
of keywords. The seven appendices are non-binding and
bearing upon the ultimate disposition of the federal property.
non-mandatory; they provide background, guidance, and ex-
Users are cautioned that federal, state, and local laws may
amples.
impose additional ECP or other environmental assessment
obligations that are beyond the scope of this practice. Users
1.5 This standard does not purport to address all of the
should also be aware that there are likely to be other legal
safety concerns, if any, associated with its use. It is the
obligations with regard to hazardous substances or petroleum
responsibility of the user of this standard to establish appro-
products discovered on property that are not addressed in this
priate safety, health, and environmental practices and deter-
practice and that may pose risks of civil or criminal sanctions,
mine the applicability of regulatory limitations prior to use.
or both, for noncompliance.
1.6 This international standard was developed in accor-
1.1.6 Other Federal, State, and Local Real Property and
dance with internationally recognized principles on standard-
Natural and Cultural Resources Laws—This practice does not
ization established in the Decision on Principles for the
address requirements of any federal, state or local real property
Development of International Standards, Guides and Recom-
or natural and cultural resources laws. Users are cautioned that
mendations issued by the World Trade Organization Technical
numerous federal, state, and local laws may impose additional
Barriers to Trade (TBT) Committee.
environmental and other legal requirements that must be
satisfied prior to deed transfer of property that are beyond the
scope of this practice.
NOTE 2—The General Services Administration’s Excess Real Property
Due Diligence Checklist for Federal Landholding Agency Customers,
November 2017, provides additional detail on federal ARARs.
D6008 − 22
2. Referenced Documents Title 41, Code of Federal Regulations (CFR) Part 102-75
2 Federal Management Regulations, Subchapter C, Real
2.1 ASTM Standards:
Property Disposal
D5746 Classification of Environmental Condition of Prop-
2.4 US EPA References and Databases:
erty Area Types for Defense Base Closure and Realign-
RCRA40CFRPart264, SubpartXPermitWritersTechnical
ment Facilities
Resource Document. EPA, Office of Solid Waste,
E1527 Practice for Environmental SiteAssessments: Phase I
Washington, DC. June 1997
Environmental Site Assessment Process
OLEM Directive 9200.2-187, Best Practice Process for
E2107 Practice for Environmental Regulatory Compliance
Identifying and Determining StateApplicable or Relevant
Audits
andAppropriate Requirements Status Pilot, October 2017
E2247 Practice for Environmental SiteAssessments: Phase I
EPA Office of Enforcement and Compliance Assur-
Environmental Site Assessment Process for Forestland or
ance, Transmittal of Revised Policy Towards Landowners
Rural Property
and Transferees of Federal Facilities to Encourage
E2365 Guide for Environmental Compliance Performance
Cleanup and Reuse at Federal Facilities on the National
Assessment
Priorities List (NPL), May 2019
2.2 Federal Landholding Agency Documents:
Envirofacts A single point of access to select U.S. EPA
Department of the Navy Base Realignment and Closure
environmental data. This website provides access to sev-
Implementation Guidance, March 2007
eral EPA databases to provide the user with information
U.S. Army Regulation 200-1, Environmental Protection and
about environmental activities that may affect air, water,
Enhancement, December 2007
and land anywhere in the United States (https://
Department of Defense Manual 4715.20, Defense Environ-
enviro.epa.gov/)
mental Restoration Program (DERP) Management, Au-
FEDFacts Information about the Federal Electronic Docket
gust 2018
Facilities regarding contaminated federal facility sites in
DepartmentofDefense4165.66M, BaseRedevelopmentand
specific communities, technical fact sheets and tools and
Realignment Manual, August 2018
resources to help government agencies and their contrac-
Department of Defense Instruction 4715.18, Emerging
tors fulfill cleanup obligations (https://www.epa.gov/
Chemicals (ECs) of Environmental Concern, September
fedfac)
4, 2019
Superfund Enterprise Management System (https://ww-
Department of the Air Force Instruction 32-7020, Environ-
w.epa.gov/enviro/sems-search)
mental Restoration Program, December 2020
Office of the Undersecretary of Defense, Policy Memoran-
3. Terminology
dum for Clarifications and Upcoming Changes to Depart-
3.1 This section provides definitions (of terms not unique to
ment of Defense Instruction 4715.18 in Response to
thispractice),descriptionsoftermsspecifictothispractice,and
Department of Defense Office of Inspector General
a list of acronyms and abbreviations used herein.The terms are
Findings, April 2022
an integral part of this practice and are critical to its under-
2.3 Federal Regulations:
standing and use.
Title 32, Code of Federal Regulations (CFR), Part 179,
3.2 Definitions:
Munitions Response Site Prioritization Protocol (MRSPP)
3.2.1 aqueous film forming foam (AFFF), n—a fire suppres-
Title 40, Code of Federal Regulations (CFR), Part 300,
santusedtoextinguishflammableliquidfiressuchasfuelfires.
National Oil and Hazardous Substances Pollution Contin-
3.2.1.1 Discussion—AFFF is often used in facility fire
gency Plan
suppression systems, fire fighting vehicles, and at fire training
Title 40, Code of Federal Regulations (CFR), Part 302,
facilities.
Designation Reportable Quantities and Notification
Title 40, Code of Federal Regulations (CFR) Part 312, 3.2.2 asbestos, n—six naturally occurring fibrous minerals
found in certain types of rock formations; of the six, the
Innocent Landowners, Standards for Conducting All Ap-
propriate Inquiries minerals chrysotile, amosite, and crocidolite have been most
commonly used in building products.
Title 40, Code of Federal Regulations (CFR), Part 355,
Emergency Planning and Notification 3.2.2.1 Discussion—Because asbestos is strong,
incombustible, and corrosion-resistant, asbestos was used in
Title 40, Code of Federal Regulations (CFR) Part 373,
Reporting Hazardous SubstanceActivity When Selling or many commercial products beginning early in the 20th century
and peaking in the period from World War II into the 1970s.
Transferring Federal Real Property
3.2.3 asbestos-containing material (ACM), n—any material
or product that contains more than 1 % asbestos.
For referenced ASTM standards, visit the ASTM website, www.astm.org, or
contact ASTM Customer Service at service@astm.org. For Annual Book of ASTM 3.2.4 contaminated public wells, n—public wells used for
Standards volume information, refer to the standard’s Document Summary page on
drinking water that have been designated by a government
the ASTM website.
Available from Department of Defense, Office of Environmental Security, 3400
Defense Pentagon, Washington, DC 20301-3400. AvailablefromUnitedStatesEnvironmentalProtectionAgency(EPA),William
Available from the Superintendent of Documents, U.S. Government Printing Jefferson Clinton Bldg., 1200 Pennsylvania Ave., NW, Washington, DC 20460,
Office, Washington, DC 20402. http://www.epa.gov.
D6008 − 22
entity as contaminated by toxic substances (for example, 3.2.11 hazardous waste, n—any hazardous waste having the
chlorinated solvents), or as having water unsafe to drink characteristics identified under or listed pursuant to section
without treatment. 3001 of the Solid Waste DisposalAct (42 USC § 6901 et seq.)
(but not including any waste the regulation of which under the
3.2.5 drum, n—as defined by the U.S. Department of
Solid Waste Disposal Act has been suspended by Act of
Transportation, a flat-ended or convex-ended cylindrical pack-
Congress).
aging made of metal, fiberboard, plastic, plywood, or other
3.2.11.1 Discussion—Some state waste management pro-
suitable materials; this definition does not include cylinders,
grams regulate additional solid wastes as hazardous waste.
jerricans, wooden barrels or bulk containers.
3.2.12 landfill, n—a place, location, tract of land, area, or
3.2.5.1 Discussion—A metal or plastic container (typically,
premises used for the disposal of solid wastes as defined by
but not necessarily, holding 55 gal [208 L] of liquid) that may
state solid waste regulations. The term is synonymous with the
have been used to store hazardous substances or petroleum
term solid waste disposal site and is also known as a garbage
products.
dump, trash dump, or similar term.
3.2.6 dwelling, n—structure or portion thereof used for
3.2.12.1 Discussion—The user is cautioned that not all
residential habitation.
garbage dumps and trash dumps have permits issued by either
3.2.7 environmental lien, n—a charge, security, or encum-
the state or local regulatory agency.
brance upon title to a property to secure the payment of a cost,
3.2.13 local street directories, n—directories published by
damage, debt, obligation, or duty arising out of response
private (or sometimes government) sources that list the occu-
actions, cleanup, or other remediation of hazardous substances
pant(s) of a specific address at the time the occupant data was
or petroleum products upon a property, including (but not
collected, typically within in a year of the publication date of
limited to) liens imposed pursuant to CERCLA 42 USC §
the directory.
9607(1) and similar state or local laws.
3.2.13.1 Discussion—Local street directories may not be
3.2.8 emerging chemicals of environmental concern, n—as
available for federally-owned property.
defined in DoDI 4715.18, chemicals relevant to the DoD that
3.2.14 munitions and explosives of concern,
are characterized by a perceived or real threat to human health
n—distinguishes specific categories of military munitions that
or the environment and that have new or changing toxicity
may pose unique explosives safety risks, such as unexploded
values or new or changing human health or environmental
ordnance, as defined in 10 U.S.C. §101(e)(5); discarded
regulatory standards.
military munitions, as defined in 10 U.S.C. §2710(e)(2); or
3.2.8.1 Discussion—These chemicals are defined as emerg-
munitions constituents (for example,TNT, RDX), as defined in
ing contaminants in Practice E1527. Per- and polyfluoroalkyl
10 U.S.C. §2710(e)(3), present in high enough concentrations
substances (PFAS) are examples of emerging chemicals of
to pose an explosive hazard.
environmental concern at federally-owned property. Although
3.2.15 National Contingency Plan (NCP), n—the National
PFAS are not currently regulated as hazardous substances
Oil and Hazardous Substances Pollution Contingency Plan
under CERCLA, some states have begun regulating the dis-
foundat40CFR§300,whichistheEPA’sregulationsforhow
posal or remediation of PFAS-impacted soil, sediment, surface
releases of hazardous substances are to be cleaned up pursuant
water,andgroundwater.Forfederal propertywherefirefighting
to CERCLA.
activities, including training, were conducted with aqueous
3.2.16 National Priorities List, n—list compiled by EPA
film-forming foam (AFFF) and properties where electroplating
pursuant to CERCLA 42 USC § 9605(a)(8)(B) of properties
operations were conducted, the user may refer to Appendix X4
with the highest priority for cleanup pursuant to EPA’s Hazard
for guidance addressing emerging chemicals of environmental
Ranking System. See 40 CFR Part 300.
concern. See also the Policy Memorandum for Clarifications
and Upcoming Changes to Department of Defense Instruction
3.2.17 occupants, n—those tenants, subtenants, or other
4715.18 in Response to Department of Defense Office of
persons or entities using the property or a portion of the
Inspector General Findings, April 2022.
property.
3.2.9 ERNS list, n—the Emergency Response Notification
3.2.18 per- and polyfluoroalkyl substances (PFAS), n—a
System (ERNS) is a database used to store information on
group of manufactured chemicals consisting of polymeric
notifications of oil discharges and hazardous substances re-
chains of carbon bonded to fluorine atoms, usually with a polar
leases.
functional group at the head.
3.2.9.1 Discussion—EPA’s Emergency Response Notifica-
3.2.18.1 Discussion—PFAS are fluorinated substances with
tion System is a list of reported CERCLA hazardous substance
acarbonchainstructure.Inperfluoroalkylsubstances(PFAAs),
releases or spills in quantities equal to or greater than the each carbon atom in the chain is fully saturated with fluorine
reportable quantity, as maintained by the National Response
(carbon-fluorine bonds only), whereas the carbon chain in
Center. Notification requirements for such releases or spills are polyfluoroalkyl substances is mostly saturated with fluorine
codified in 40 CFR Parts 302 and 355.
(carbon-fluorine bonds), but also contains carbon-hydrogen
bonds.
3.2.10 hazardous substance, n—means that group of sub-
stances defined as hazardous under CERCLA §101(14), and 3.2.19 Phase I Environmental Site Assessment, n—the pro-
that appear at 40 CFR §302.4. cess described in Practice E1527 and Practice E2247.
D6008 − 22
3.2.20 pits, ponds, or lagoons, n—man-made or natural term landfill and is also known as a garbage dump, trash dump,
depressions in a ground surface that are likely to hold liquids or similar term. Historic solid waste disposal sites at federally-
or sludge containing hazardous substances or petroleum prod- owned properties may not have operated under a permit.
ucts.
3.2.31 solvent, n—a chemical compound that is capable of
3.2.20.1 Discussion—The likelihood of such liquids or
dissolving another substance and a hazardous substance, used
sludge being present is determined by evidence of factors
in a number of manufacturing/industrial processes including
associated with the pit, pond, or lagoon, including, but not
but not limited to dry cleaning, the manufacture of paints and
limited to, discolored water, distressed vegetation, or the
coatings for industrial and household purposes, equipment
presence of an obvious wastewater discharge.
clean-up, and surface degreasing in industrial settings.
3.2.21 property, n—real property, including buildings,
3.2.31.1 Discussion—Solvents are routinely use for parts
fixtures, and other improvements located on and affixed to the
washing and the preparation of metal surfaces for plating.
land.
3.2.32 State registered USTs, n—State lists of underground
3.2.22 property tax files, n—the files kept for property tax
storagetanksrequiredtoberegisteredunderSubtitleI,Section
purposes by the local jurisdiction where the property is located
9002 of RCRA.
and includes records of past ownership, appraisals, maps,
3.2.33 sump, n—a pit, cesspool, or similar receptacle where
sketches, photos, or other information that is reasonably
liquids drain, collect, or are stored.
ascertainable and pertaining to the property.
3.2.34 Superfund Enterprise Management System (SEMS),
3.2.23 RCRA generators, n—those persons or entities that
n—the official repository for site and non site-specific Super-
generate hazardous wastes, as defined and regulated by RCRA
fund data in support of the Comprehensive Environmental
and have submitted EPA form 8700-12 to the EPA.
Response, Compensation, and Liability Act (CERCLA). It
3.2.24 RCRA generators list, n—list kept by EPA of those
contains information on hazardous waste site assessment and
persons or entities that have notified EPA that they generate
remediation.
hazardous wastes, as defined and regulated by RCRA.
3.2.34.1 Discussion—SEMS contains information on haz-
3.2.25 RCRA TSD facilities, n—those facilities on which ardous waste site assessment and remediation including PAs,
treatment, storage,or disposal, or a combination thereof, of remedial investigations and feasibility studies, chemicals of
hazardous wastes takes place, subject to regulation and per- concern, and 5-year review reports.
mitting under RCRA or a delegated state’s hazardous waste
3.2.35 underground storage tank (UST), n—any one or
management program; these facilities have submitted EPA
combination of tanks (including underground pipes connected
Form 8700-23 to the EPA.
thereto) that is used to contain an accumulation of regulated
3.2.26 RCRA TSD facilities list, n—listkeptbyEPAofthose
substances, and the volume of which (including the volume of
facilities that have submitted EPAForm 8700-23 to the agency. underground pipes connected thereto) is 10 percent or more
beneath the surface of the ground.
3.2.27 recorded land title records, n—records of fee
3.2.35.1 Discussion—for the purposes of this practice,regu-
ownership, leases, land contracts, easements, liens, and other
lated substances include hazardous substances, and petroleum
encumbrances on or of the property recorded in the place
and materials subject to regulation under 40 CFR Part 280.
where land title records are, by law or custom, recorded for the
local jurisdiction in which the property is located (see 3.2.32
3.2.36 USGS 7.5 Minute Topographic Map, n—the phrase
and 7.2.4, and 40 CFR §312.24(a)).
“USGS topographic map” refers to maps that cover a quad-
rangle that measures 7.5 minutes of longitude and latitude on
3.2.28 records of emergency release notifications (SARA§
all sides, so these are also referred to as 7.5-minute maps,
304),n—Section 304 of EPCRAor Title III of SARArequires
quadrangle maps, or “quad” maps with a wide range of scales,
operators of facilities to notify their local emergency planning
but the scale used for all modern USGS topographic maps is
committee (as defined in EPCRA) and state emergency re-
1:24,000.
sponse commission (as defined in EPCRA) of any release
beyond the facility’s boundary of any reportable quantity of
3.2.37 wastewater, n—water that (1) means any water
any extremely hazardous substance.
which, during manufacturing or processing, comes into direct
3.2.28.1 Discussion—Records of such notifications are “re-
contact with or results from the production or use of any raw
cords of emergency release notifications” (SARA § 304) and
material, intermediate product, finished product, byproduct, or
may be found in the ERNS database.
waste product or (2) conveys or has conveyed sewage.
3.2.37.1 Discussion—Wastewater does not include water
3.2.29 safety data sheet (SDS), n—written or printed mate-
rial concerning a hazardous substance which is prepared by originating on or passing through or adjacent to a site, such as
stormwater flows, that has not been used in industrial or
chemical manufacturers, importers, and employers for hazard-
ous chemicals pursuant to OSHA’s Hazard Communication manufacturing processes, has not been combined with sewage,
or is not directly related to manufacturing, processing, or raw
Standard, 29 CFR 1910.1200.
materials storage areas at an industrial plant. Wastewater
3.2.30 solid waste disposal site, n—aplace,location,tractof
includes washdown water that flows to a floor drain, sump,or
land, area, or premises used for the disposal of solid wastes as
drywell.
defined by state solid waste regulations.
3.2.30.1 Discussion—The term is synonymous with the 3.3 Definitions of Terms Specific to This Standard:
D6008 − 22
3.3.1 adjoining properties, n—any real property or proper- been transferred to federal control through Congressional
ties the border of which is (are) shared in part or in whole with action. The FOSL or FOST may be limited to an area in
thatofthefederally-owned property,orthatwouldbesharedin question as opposed to a larger federally-owned property.
part or in whole with that of the federally-owned property but
3.3.7 BRAC statutes, n—Title II of the Defense Authoriza-
for a street, road, or other public thoroughfare separating the
tion Amendments and Base Closure and Realignment Act of
properties.
1988 (Pub. L. 100-526, 10 USC 2687, note.) and the Defense
Base Closure and Realignment Act of 1990 (Part A of Title
3.3.2 aerial photographs, n—photographs, taken from an
XXIX of Pub. L. 101-510, 10 USC 2687, note.), collectively.
aerial platform, having sufficient resolution to allow identifi-
3.3.7.1 Discussion—The 2005 Round (P.L. 107-107);
cation of development and activities of areas encompassing the
amended the Defense Base Closure and Realignment Act of
property.
1990 (P.L. 101- 510). No new BRAC activities have been
3.3.2.1 Discussion—Aerial photographs are commonly
authorized by Congress since 2016.
available from government agencies or private collections
unique to a local area.
3.3.8 DoD component, n—collectively, the Office of the
Secretary of Defense, the Military Departments, the Chairman
3.3.3 all required remedial action, n—for the purposes of
of the Joint Chiefs of Staff, the Inspector General of the
this practice, all remedial action, as described in CERCLA§
Department of Defense, the Defense Agencies and the DoD
120(h)(3)(B)(i), has been taken if “the construction and instal-
Field Activities.
lation of an approved remedial design has been completed, and
the remedy has been demonstrated to the administrator [of 3.3.9 disposal, v—the discharge, deposit, injection,
EPA] to be operating properly and successfully; the carrying dumping, spilling, leaking, or placing of any hazardous
out of long-term pumping and treating, or operation and substances, or petroleum products or their derivatives into or
maintenance, after the remedy has been demonstrated to the on any land or water so that such hazardous substances,or
administrator to be operating properly and successfully does petroleum products or their derivatives or any constituent
not preclude the transfer of the property.” [42 USC § thereof may enter the environment or be emitted into the air or
9620(h)(3)]. discharged into any waters including ground water.
3.3.3.1 Discussion—Alternatively,incircumstanceswherea
3.3.10 due diligence, n—the process, in accordance with 41
remedy has been constructed, but no ongoing treatment or
CFR §102.75-115 through §102-75.130, of inquiring into the
operation and maintenance is required, for example, “clean
environmental characteristics of a federal property scheduled
closure” or excavation of soil with off-site treatment, all
for transfer, sale, or disposal.
remedial action means that all action required to meet appli-
3.3.11 environmental compliance audit, n—theinvestigative
cable state or federal regulatory standards, including, as
process to determine if the operations of an existing facility are
required, state or federal regulatory approval, has been taken
in compliance with applicable environmental laws and regula-
(see section 12.2). Land use restrictions may be components of
tions (see E2107 and E2365).
required remedial action.
3.3.12 environmental condition of property (ECP), n—a
3.3.4 applicable or relevant and appropriate requirements
survey of federal real property based on all existing environ-
(ARARs), n—those cleanup standards, standards of control, and
mental information related to storage, release, treatment, or
other substantive requirements, criteria, or limitations promul-
disposal of hazardous substances or petroleum products or
gated under federal environmental or State environmental or
derivatives on the property to determine or discover the
facility siting laws that, while not “applicable” to a hazardous
obviousness of the presence or likely presence of a release or
substance, pollutant, contaminant, remedial action, location, or
threatened release of any hazardous substance or petroleum
other circumstance at a CERCLA site, address problems or
product.
situations sufficiently similar to those encountered at the
3.3.12.1 Discussion—In certain cases, additional data, in-
CERCLA site that their use is well suited to the particular site
cluding sampling and analysis, may be needed in the ECP to
(see EPA OLEM 9200.1-187).
support the classification of the property into one of the
3.3.4.1 Discussion—Only those state standards that are
standard environmental condition of property area types.
identified in a timely manner and are more stringent than
Additionally, an ECP may also satisfy the uncontaminated
federal requirements may be relevant and appropriate.
property identification requirements of CERFA. An ECP will
3.3.5 approximate minimum search distance, n—theareafor consider all sources of available information concerning envi-
which agency records must be obtained and reviewed pursuant ronmentally significant current and past uses of the real
to Section 7 subject to the limitations provided in that section. propertyandshall,ataminimum,consistofthestepsidentified
3.3.5.1 Discussion—This may include areas outside the in Section 6.
federally-owned property and shall be measured from the
3.3.13 environmental condition of property (ECP) report,
nearest property boundary. This term is used instead of radius
n—the written record of an ECP; see Appendix X5 for a
to include irregularly shaped properties.
recommended report format.
3.3.13.1 Discussion—The ECP report is the documentation
3.3.6 area in question, n—that portion of federal real
for the Standard Classification in accordance with D5746.
property that is the subject of the ECP.
3.3.6.1 Discussion—The area in questionmaybeasubsetof 3.3.14 environmental condition of property area type,
a larger piece of federal property or may be property that has n—any of the seven standard environmental condition of
D6008 − 22
property area types defined in D5746, Standard Classification kilogram if the substances are listed under 40 CFR § 261.30 as
of Environmental Condition of Property Area Types (see acutely hazardous substances.
Appendix X1).
3.3.20 innocent landowner defense, n—that defense to
CERCLAliabilityprovidedin42USC§9601(35)and42USC
3.3.15 environmental condition of property map, n—a map,
prepared on the basis of all environmental investigation infor- § 9607(b)(3) (see also 40 CFR Part 312).
mation conducted to date, that shows the environmental
3.3.20.1 Discussion—One of the requirements to qualify for
condition of a DoD installation’s or federal agency’s real
this defense is that the party make “all appropriate inquiry into
property in terms of the seven standard environmental condi-
the previous ownership and uses of the property consistent
tion of property area types as defined in the standard classifi-
with good commercial or customary practice.” (see 40 CFR
cation D5746.
§312).
3.3.16 environmental investigation, n—any investigation in-
3.3.21 installation restoration program (IRP), n—the DoD
tended to determine the nature and extent of environmental
program, mandated by 10 USC § 2701-2710 to assess and
contamination or to determine the environmental condition of
respond to releases of hazardous substances on military
property at a DoD installation or other federally-owned prop-
property under the control of the military services.
erty.
3.3.21.1 Discussion—Tthe IRP is one of two programs
3.3.16.1 Discussion—Environmental investigations may
established under the Defense Environmental Restoration Pro-
include, but are not limited to, environmental site assessments, gram (DERP) to identify, investigate and clean up hazardous
preliminary assessments (PAs), site inspections, remedial
substances, pollutants, and contaminants that pose environ-
investigations, ECPs, RCRA facility assessments, and RCRA mental health and safety risks at active military installations
facility investigations. The results of some environmental
and formerly used defense sites (FUDS). In 2001, DoD
investigations can be found in SEMS. established the Military Munitions Response Program
(MMRP) to address sites, referred to munitions response sites
3.3.17 environmental professional, n—a person possessing
or (MRSs) known or suspected to contain unexploded
sufficient training and experience necessary to conduct an ECP
ordnance, discarded military munitions, or munitions constitu-
including all activities related to this practice, and from the
ents. Through the IRP and MMRP, DoD complies with
information and data gathered by such activities, having the
environmental cleanup laws, such as CERCLA (see 32 CFR
ability to develop conclusions regarding environmental condi-
179,MunitionsResponseSitePrioritizationProtocol).The IRP
tion of property and recognized environmental conditions in
serves as an umbrella program for environmental response in
connection with the property being evaluated.
all media, including RCRAcorrective action, LUST corrective
3.3.17.1 Discussion—This individual may be an employee
action, as well as CERCLA removals and remedial actions.
or independent contractor of the user.An individual’s status as
Generally, where field sampling or intrusive environmental
an environmental professional may be limited to the type of
testing is required, the IRP will serve as a vehicle for such
ECP to be performed or to specific steps of the ECP for which
testing (see DoDM 4715.20).
the professional is responsible. The person may be an indepen-
3.3.22 interviews, n—sessions with current or former em-
dentcontractororanemployeeofthefederalgovernment.This
ployees involved in operations on the real property, conducted
definition is different than the definition of an environmental
to ascertain if storage, release, treatment, or disposal of
professional in the EPA’s All Appropriate Inquiries Rule (40
hazardous substances, petroleum products or their derivatives
CFR §312.10).
occurred or is occurring on the real property.
3.3.18 fill dirt, n—dirt, soil, sand, or other earth taken from
3.3.23 local government agencies, n—those agencies of
a different location, that is used to fill holes or depressions,
municipal or county government having jurisdiction over the
create mounds, or otherwise artificially change the grade or
property.
elevation of real property. It does not include material that is
used in limited quantities for normal landscaping activities. 3.3.23.1 Discussion—Municipal and county government
agencies include, but are not limited to, cities, parishes,
3.3.18.1 Discussion—The potential for fill dirt to be con-
townships, and similar entities. Local government agencies
taminated with hazardous substances should be considered,
may also include, where appropriate, state agencies with local
and if appropriate, the material should be tested and analyzed
jurisdiction which perform functions commonly performed in
for chemicals of concern.
other locations by local government agencies.
3.3.19 hazardous substance activity, v—defined as (1) the
3.3.24 migration, v—the movement of contaminant(s) away
known release of hazardous substances in quantities equal to
fromasourcethroughpermeablesubsurfacemedia(suchasthe
or greater than the reportable quantity found in 40 CFR §
movement of a ground water plume of contamination), or
302.4; (2) the disposal of a hazardous substance at the subject
movement of contaminant(s) by a combination of surficial and
facility; or (3) the storage for one year or more of a hazardous
subsurface processes; vapor intrusion is an example of migra-
substance in quantities of 1000 kilograms or more, or the
tion.
reportable quantity found in 40 CFR § 302.4, whichever is
greater.
3.3.25 obviousness, n—the condition of being plain or
3.3.19.1 Discussion—Hazardous substance activity in- evident. A condition or fact which could not be ignored or
cludes storage in quantities greater than or equal to one overlooked by a reasonable observer while conducting a
D6008 − 22
records search or while physically or visually observing the pliance with laws. The term is not intended to include de
property in conjunction with an ECP. minimis conditions that generally do not present a material risk
of harm to public health or the environment and that generally
3.3.26 open burning/open detonation, n—open detonation
would not be the subject of an enforcement action if these
and open burn operations are used to destroy excess, obsolete,
conditions were brought to the attention of appropriate gov-
or unserviceable munitions, explosives, propellants, and pyro-
ernmental agencies. This term is introduced in Practice E1527,
technics.
and is used herein only in conjunction with ECP Steps 1 and 2
3.3.26.1 Discussion—In open burning, materials such as
(see 6.2), as an intermediate outcome prior to the Step 3
rocket fuel are destroyed by self-sustained combustion after
classification of environmental condition of property area
being ignited. In general, electric initiation systems are pref-
types.A Phase I Environmental Site Assessment results in
erable because they provide better control. In open detonation,
recognized environmental conditions, but not environmental
explosives and munitions are destroyed by a detonation of
condition of property area types.
added explosive charges. Historically, these operations oc-
curred at land surface or in pits, (see EPA 1997).
3.3.33 recorded chain of title documents, n—this term has
the same meaning as recorded land title records.
3.3.27 physical setting sources, n—sources that provide
information about the geologic, hydrogeologic, hydrologic, or
3.3.34 records search and/or review, v—detailed search and
topographic characteristics of a property.
review of available information and records in the possession
of the DoD components, the federal landholding agency and
3.3.28 practically reviewable, adj—informationthatis prac-
records made available by the regulatory agencies or other
tically reviewable is information provided by the source in a
involved federal agencies, including, but not limited to IRP
manner and in a form that, upon examination, yields informa-
studies and analyses, surveys for radioactive materials,
tion relevant to the property without the need for extraordinary
asbestos, asbestos-containing materials, radon, lead-based
analysis of irrelevant data.
paint, electrical devices (that is, transformers) containing PCB,
3.3.28.1 Discussion—The form of the information shall be
RCRA Facility Assessments and Investigations to determine
such that the user can review the records for a limited
what, if any, hazardous substances or petroleum products may
geographic area. Records that cannot be feasibly retrieved by
be present on the property.
reference to the location of the property or a geographic area in
which the property is located are not generally practically 3.3.34.1 Discussion—For the purposes of adjoining
reviewable. Most data bases of public records are practically properties, a records search includes the review of reasonably
reviewable if they can be obtained from the source agency by obtainable
...