Standard Practice for Determining the Environmental Condition of Federal Property

SIGNIFICANCE AND USE
4.1 Uses—This practice is intended for use by federal agencies, and environmental professionals in order to facilitate ECP efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps and ECP reports used to support CERFA uncontaminated property identifications and property suitable for transfer by lease or by deed. GSA regulations addressing the disposal of federal property (41 CFR §105-72), require the landholding agency to assert either that (a) there is no evidence of hazardous substance activity, or (b) there is evidence of hazardous substance activity that occurred on the property. If there is evidence that hazardous substance activity occurred on the property, the landholding agency has a “due diligence” obligation to provide detailed, accurate information on all “reportable quantities” of hazardous substances stored, released, or disposed of on property that it reports to GSA for disposal. The specific substances that must be reported under CERCLA and their reporting limits are described in 40 CFR §302.4 and 40 CFR §373. If the landholding agency discloses that hazardous substance activity took place on the property, then the landholding agency must assert whether or not all required remedial action necessary to protect human health and the environment has been taken with respect to those hazardous substances.  
4.1.1 The ECP reports prepared in accordance with this practice may be used to achieve compliance with the federal Management Regulations, Real Property Disposal rules codified in 41 CFR §102-75.  
4.2 Clarifications on Use:  
4.2.1 Use Not Limited to CERCLA—This practice is designed to assist the user in developing information about the environmental condition of a property and as such has utility for a wide range of persons, including those who may have no actual or potential CERCLA liability (see 40 CFR §373, 41 CFR §102-75 and Section 208 of the Federal Land Policy and Management Act, Public Law ...
SCOPE
1.1 Purpose—The purpose of this practice is to define good commercial and customary practice in the United States for assessing the environmental condition of property (ECP) of federal real property. This practice applies to property under consideration for lease, excess and surplus property at closing and realigning military installations, claims reverting to federal ownership such as abandoned mines, and other federally-owned property. The steps in this practice are conducted to fulfill certain requirements of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) section 120(h), as amended by the Community Environmental Response Facilitation Act of 1992 (CERFA) and the federal real property disposal regulations codified in 41 CFR Subpart C (41 CFR 102-75). As such, this practice is intended to help a user to gather and analyze data and information in order to classify property into the applicable environmental condition of property area types (in accordance with the ASTM D5746, Standard Classification of Environmental Condition of Property Area Types, (see Appendix X1). Once documented, the ECP report is used to support Findings of Suitability to Transfer (FOSTs), Findings of Suitability to Lease (FOSLs), or uncontaminated property determinations, or a combination thereof, pursuant to the requirements of CERFA and CERCLA § 120(h). Users of this practice should note that it does not address (except where explicitly noted) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the conduct of the ECP or during the identification and use of the standard environmental condition of property area types.  
1.1.1 Environmental Condition of Property—In accordance with the federal landholding agency policies and General Services Administration’s (GSA) federal real property management regulations, an ECP will be prepared or evaluated for its usefulness (...

General Information

Status
Published
Publication Date
31-Aug-2022
Current Stage
Ref Project

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Standards Content (Sample)

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
1
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-
1
This practice is under the jurisdiction of ASTM Committee E50 on Environ-
mation to partially fulfill the iden
...

This document is not an ASTM standard and is intended only to provide the user of an ASTM standard an indication of what changes have been made to the previous version. Because
it may not be technically possible to adequately depict all changes accurately, ASTM recommends that users consult prior editions as appropriate. In all cases only the current version
of the standard as published by ASTM is to be considered the official document.
Designation: D6008 − 96 (Reapproved 2014) D6008 − 22
Standard Practice for
Conducting Environmental Baseline SurveysDetermining
1
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
1.1 Purpose—The purpose of this practice is to define good commercial and customary practice in the United States for conducting
anassessing the environmental baseline survey (EBS) incondition of property (ECP) order to determineof federal real
certainproperty. elements of the environmentalThis practice applies to conditionproperty of federal real property, including under
consideration for lease, excess and surplus property at closing and realigning military installations. This effort is installations,
claims reverting to federal ownership such as abandoned mines, and other federally-owned property. The steps in this practice are
conducted to fulfill certain requirements of the Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA) section 120(h), as amended by the Community Environmental Response Facilitation Act of 1992 (CERFA). (CERFA)
and the federal real property disposal regulations codified in 41 CFR Subpart C (41 CFR 102-75). As such, this practice is intended
to help a user to gather and analyze data and information in order to classify property into seven the applicable environmental
condition of property area types (in accordance with the ASTM D5746, Standard Classification of Environmental Condition of
Property Area Types). Types, (see Appendix X1). Once documented, the EBS ECP report is used to support Findings of Suitability
to Transfer (FOSTs), Findings of Suitability to Lease (FOSLs), or uncontaminated property determinations, or a combination
thereof, pursuant to the requirements of CERFA. CERFA and CERCLA § 120(h). Users of this practice should note that it does
not address (except where explicitly noted) requirements for appropriate and timely regulatory consultation or concurrence, or
both, during the conduct of the EBSECP or during the identification and use of the standard environmental condition of property
area types.
1.1.1 Environmental Baseline Survey—Condition of Property—In accordance with the Department of Defense (DoD) policy,
federal landholding agency policies and General Services Administration’s (GSA) federal real property management regulations,
an EBSECP will be prepared or evaluated for its usefulness (and updated if necessary) for any federally-owned property to be
transferred by deed or leased. The EBSECP will be based on existing environmental information related to storage,release,
treatment, or disposal of hazardous substances, munitions, or petroleum products on the property to determine or discover the
obviousness of the presence or likely presence of a release or threatened release of any hazardous substance or petroleum product.
In certain cases, additional data, including sampling, if appropriate under the circumstances, may be needed in the EBSECP to
support the FOST or FOSL. A previously conducted EBSECP may be updated as necessary and used for making a FOST or FOSL.
An EBSECP also may help to satisfy other environmental requirements (for example, to satisfy the requirements of CERFA or to
facilitate the preparation of environmental condition reports). In addition, the EBSECP provides a useful reference document and
assists in compliance with hazard abatement policies related to asbestos and lead-based paint. The EBSECP process consists of
discrete steps. This practice principally addresses EBS-relatedECP-related information gathering and analysis.
1.1.1.1 Discussion—Prior versions of this practice referred to environmental baseline surveys (EBS). The 2018 Department of
Defense 4165.66M Base Redevelopment and Realignment Manual changed the focus to ECP. Appendix 3 of DODM 4165.66M
1
This practice is under the jurisdiction of ASTM Committee E50 on Environmental Assessment, Risk Management and Corrective Action and is the direct responsibility
of Subcommittee E50.02 on Real Estate Assessment and Management.
Current edition approved Feb. 1, 2014Sept. 1, 2022. Published March 2014December 2022. Originally approved in 1937 as PS 37. Last previous edition approved in
...

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