ASTM D6008-96(2014)

Standard Practice for Conducting Environmental Baseline Surveys

SIGNIFICANCE AND USE
4.1 Uses—This practice is intended for use by DoD components and environmental professionals in order to facilitate EBS efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps and EBS Reports used to support CERFA uncontaminated property identifications and property suitable for transfer by lease or by deed.  
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.  
4.2.2 Residential Tenants/Purchasers and Others—No implication is intended that it is currently customary practice for residential tenants of multifamily residential buildings, tenants of single-family homes or other residential real estate, or purchasers of dwellings for one's own residential use, to conduct an EBS in connection with these transactions. Thus, these transactions are not included in the term commercial real estate transactions. Thus, although such property may be included within the scope of an EBS, their occupants shall not be treated as key site personnel with regard to the housing occupied for the purpose of conducting an EBS.  
4.2.3 Site-Specific—This practice is site-specific in that it relates to assessment of environmental conditions of federal real property. Consequently, this practice does not address many additional issues raised in transactions such as purchases of business entities; or interests therein, or of their assets, that may well involve environmental liabilities pertaining to properties previously owned or operated or other off-site environmental liabilities.  
4.3 Related Practices—See Practices E1527 and E1528.  
4.4 Principles—The following principles are an integral part of this practice and all related practices and are intended to be referred to in resolving an...
SCOPE
1.1 Purpose—The purpose of this practice is to define good commercial and customary practice in the United States for conducting an environmental baseline survey (EBS) in order to determine certain elements of the environmental condition of federal real property, including excess and surplus property at closing and realigning military installations. This effort is 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). As such, this practice is intended to help a user to gather and analyze data and information in order to classify property into seven environmental condition of property area types (in accordance with the Standard Classification of Environmental Condition of Property Area Types). Once documented, the EBS 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. 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 EBS or during the identification and use of the standard environmental condition of property area types.  
1.1.1 Environmental Baseline Survey—In accordance with the Department of Defense (DoD) policy, an EBS will be prepared or evaluated for its usefulness (and updated if necessary) for any property to be transferred by deed or leased. The EBS will be based on existing environmental information related to storage, release, treatment, or disposal of hazardous substances or petroleum products on the property to determine or discover the obviousness of the presence or likely presence of a release or threatened release...

General Information

• Status: Historical
• Publication Date: 31-Jan-2014
• ICS: 13.020.40 - Pollution, pollution control and conservation
• Technical Committee: E50 - Environmental Assessment, Risk Management and Corrective Action
• Drafting Committee: E50.02 - Real Estate Assessment and Management

Standards Content (Sample)

NOTICE: This standard has either been superseded and replaced by a new version or withdrawn.
Contact ASTM International (www.astm.org) for the latest information
Designation: D6008 − 96 (Reapproved 2014)
Standard Practice for
Conducting Environmental Baseline Surveys
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 needed in the EBS to support the FOST or FOSL.Apreviously
conducted EBS may be updated as necessary and used for
1.1 Purpose—The purpose of this practice is to define good
making a FOST or FOSL. An EBS also may help to satisfy
commercial and customary practice in the United States for
other environmental requirements (for example, to satisfy the
conducting an environmental baseline survey (EBS) in order to
requirements of CERFA or to facilitate the preparation of
determine certain elements of the environmental condition of
environmental condition reports). In addition, the EBS pro-
federal real property, including excess and surplus property at
vides a useful reference document and assists in compliance
closing and realigning military installations. This effort is
with hazard abatement policies related to asbestos and lead-
conducted to fulfill certain requirements of the Comprehensive
based paint. The EBS process consists of discrete steps. This
Environmental Response, Compensation and Liability Act of
practice principally addresses EBS-related information gather-
1980 (CERCLA) section 120(h), as amended by the Commu-
ing and analysis.
nity Environmental Response Facilitation Act of 1992
1.1.2 CERCLA Section 120(h) Requirements—This practice
(CERFA). As such, this practice is intended to help a user to
is intended to assist with the identification of installation areas
gather and analyze data and information in order to classify
subject to the notification and covenant requirements of CER-
property into seven environmental condition of property area
CLA § 120(h) relating to the deed transfer of contaminated
types (in accordance with the Standard Classification of
Federal real property (42 USC 9601 et seq.).
Environmental Condition of Property Area Types). Once
1.1.3 CERFA Requirements—This practice can be used to
documented, the EBS is used to support Findings of Suitability
provide information that can be used to partially fulfill the
toTransfer (FOSTs), Findings of Suitability to Lease (FOSLs),
identification requirements of CERFA [Pub. L. 102-426, 106
or uncontaminated property determinations, or a combination
Stat. 2174], which amended CERCLA. Property classified as
thereof, pursuant to the requirements of CERFA. Users of this
area Type 1, in accordance with Classification D5746 is
practice should note that it does not address (except where
eligibleforreportingas“uncontaminated”undertheprovisions
explicitly noted) requirements for appropriate and timely
of CERFA. Additionally, certain property classified as area
regulatory consultation or concurrence, or both, during the
Type 2, where evidence indicates that storage occurred for less
conduct of the EBS or during the identification and use of the
than one year, may also be identified as uncontaminated. At
standard environmental condition of property area types.
installations listed on the National Priorities List, Environmen-
1.1.1 Environmental Baseline Survey—In accordance with
tal ProtectionAgency (EPA) concurrence must be obtained for
the Department of Defense (DoD) policy, an EBS will be
the property to be considered “uncontaminated” and therefore
prepared or evaluated for its usefulness (and updated if
transferable under CERCLA § 120(h)(4). The EPA has stated
necessary) for any property to be transferred by deed or leased.
that there may be instances in which it would be appropriate to
The EBS will be based on existing environmental information
concur with the DoD Component that certain property can be
related to storage, release, treatment, or disposal of hazardous
identified as uncontaminated under CERCLA § 120(h)(4)
substances or petroleum products on the property to determine
although some limited quantity of hazardous substances or
or discover the obviousness of the presence or likely presence
petroleum products have been stored, released, or disposed of
ofareleaseorthreatenedreleaseofanyhazardoussubstanceor
on the property. If the information available indicates that the
petroleum product. In certain cases, additional data, including
storage, release, or disposal was associated with activities that
sampling, if appropriate under the circumstances, may be
would not be expected to pose a threat to human health or the
environment (for example, housing areas, petroleum-stained
pavement areas, and areas having undergone routine applica-
This practice is under the jurisdiction of ASTM Committee E50 on Environ-
tion of pesticides), such property should be eligible for
mental Assessment, Risk Management and Corrective Action and is the direct
responsibility of Subcommittee E50.02 on Real Estate Assessment and Manage- expeditious reuse.
ment.
1.1.4 Petroleum Products—Petroleum products and their
Current edition approved Feb. 1, 2014. Published March 2014. Originally
derivativesareincludedwithinthescopeofthispractice.Areas
approved in 1937 as PS 37. Last previous edition approved in 2005 as D6008-
96(2005). DOI: 10.1520/D6008-96R14. on which petroleum products or their derivatives were stored
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
D6008 − 96 (2014)
for one year or more, known to have been released or disposed responsibility of the user of this standard to establish appro-
of [CERCLA§ 120(h)(4)] are not eligible to be reported as priate safety and health practices and determine the applica-
“uncontaminated property” under CERFA. bility of regulatory limitations prior to use.
1.1.5 Other Federal, State, and Local Environmental
2. Referenced Documents
Laws—This practice does not address requirements of any
federal, state, or local laws other than the applicable provisions
2.1 ASTM Standards:
of CERCLA identified in 1.1.2 and 1.1.3. Users are cautioned
E1527 Practice for Environmental SiteAssessments: Phase I
that federal, state, and local laws may impose additional EBS
Environmental Site Assessment Process
or other environmental assessment obligations that are beyond
E1528 Practice for Limited Environmental Due Diligence:
the scope of this practice. Users should also be aware that there
Transaction Screen Process
arelikelytobeotherlegalobligationswithregardtohazardous
D5746 Classification of Environmental Condition of Prop-
substances or petroleum products discovered on property that
erty Area Types for Defense Base Closure and Realign-
are not addressed in this practice and that may pose risks of
ment Facilities
civil or criminal sanctions, or both, for noncompliance.
2.2 Department of Defense Policies:
1.1.6 Other Federal, State, and Local Real Property and
DoD Policy on the Environmental Review Process to Reach
Natural and Cultural Resources Laws—This practice does not
a Finding of Suitability to Lease (FOSL), September 1993
address requirements of any federal, state or local real property
DoD Policy on the Environmental Review Process to Reach
or natural and cultural resources laws. Users are cautioned that
a Finding of Suitability to Transfer (FOST) for Property
numerous federal, state, and local laws may impose additional
Where No Release or Disposal Has Occurred, June 1994
environmental and other legal requirements that must be
DoD Policy on the Environmental Review Process to Reach
satisfied prior to deed transfer of property that are beyond the
a Finding of Suitability to Transfer (FOST) for Property
scope of this practice.
Where Release or Disposal Has Occurred, June 1994
DoD Policy on the Implementation of the Community
1.2 Objectives—Objectives guiding the development of this
Environmental Response Facilitation Act (CERFA), Sep-
practice are (1) to synthesize and put in writing a standard
tember 1993
practice for conducting a high quality EBS, (2) to facilitate the
development of high quality, standardized environmental con- 2.3 Department of Defense Guidance Document:
dition of property maps to be included in an EBS that can be BRAC Cleanup Plan Guidebook, Fall 1993
used to support FOSTs, FOSLs, and other applicable environ-
2.4 Federal Standards:
mentalconditionreports,(3)tofacilitatetheuseofthestandard
Title 40, Code of Federal Regulations (CFR), Part 300,
classification of environmental condition of property area
National Oil and Hazardous Substances Pollution Contin-
types, and (4) to facilitate the development of a standard guide
gency Plan
for preparing and updating EBS reports.
Title 40, Code of Federal Regulations (CFR), Part 302,
Designation Reportable Quantities and Notification
1.3 Limitations— Users of this practice should note that,
Title 40, Code of Federal Regulations (CFR), Part 355,
while many of the elements of an EBS are performed in a
Emergency Planning and Notification
manner consistent with other “due diligence” functions, an
EBS is not prepared to satisfy a purchaser of real property’s
3. Terminology
duty to conduct an “appropriate inquiry” in order to establish
an “innocent landowner defense” to CERCLA § 107 liability. 3.1 This section provides definitions (of terms not unique to
Any such use of any EBS by any party is outside the control of
thispractice),descriptionsoftermsspecifictothispractice,and
the United States Department of Defense and its components a list of acronyms and abbreviations used herein.The terms are
and beyond the scope of any EBS. No warranties or represen-
an integral part of this practice and are critical to its under-
tations are made by the United States Department of Defense, standing and use. Many of these terms are also found in
its components, its officers, employees, or contractors that any
Practice E1527.
EBS Report satisfies any such requirement for any party.
3.2 Definitions:
1.4 Organization of This Practice—This practice has 15 3.2.1 asbestos—six naturally occurring fibrous minerals
found in certain types of rock formations. Of the six, the
sections. Section 1 is the scope. Section 2 identifies referenced
minerals chrysotile, amosite, and crocidolite have been most
documents. Section 3, Terminology, includes definitions of
commonly used in building products. When mined and
terms not unique to this practice, descriptions of terms unique
processed, asbestos is typically separated into very thin fibers.
to this practice, and acronyms and abbreviations. Section 4 is
the significance and use of this practice. Section 5 describes
user’sresponsibilities.Sections6–13arethemainbodyofthe
For referenced ASTM standards, visit the ASTM website, www.astm.org, or
data gathering analysis steps of the EBS process. Section 14
contact ASTM Customer Service at [e-mail]. For Annual Book of ASTM
briefly describes the EBS Step 3 classification of environmen-
Standards volume information, refer to the standard’s Document Summary page on
tal condition of property area types. Section 15 contains a list
the ASTM website.
of keywords. Available from Department of Defense, Office of Environmental Security, 3400
Defense Pentagon, Washington, DC 20301-3400.
1.5 This standard does not purport to address all of the
Available from the Superintendent of Documents, U.S. Government Printing
safety concerns, if any, associated with its use. It is the Office, Washington, DC 20402.
D6008 − 96 (2014)
Because asbestos is strong, incombustible, and corrosion- Air Act (42 USC § 7412), and (F) any imminently hazardous
resistant, asbestos was used in many commercial products chemical substance or mixture with respect to which the
beginning early in this century and peaking in the period from Administrator (of EPA) has taken action pursuant to Section
World War II into the 1970s. When inhaled in sufficient 2606 of Title 15. The term does not include petroleum,
quantities, asbestos fibers can cause serious health problems. including crude oil or any fraction thereof which is not
otherwise specifically listed or designated as a hazardous
3.2.2 asbestos-containing material (ACM)—any material or
substance under subparagraphs (A) through (F) of this
product that contains more than 1 % asbestos.
paragraph, and the term does not include natural gas, natural
3.2.3 Comprehensive Environmental Response,
gas liquids, liquefied natural gas, or synthetic gas usable for
Compensation, and Liability Information System (CERCLIS)—
fuel (or mixtures of natural gas and such synthetic gas).” Users
the list of sites compiled by EPA that EPA has investigated or
of this practice should note that certain states may expand this
is currently investigating for potential hazardous substance
definition to include other substances not meeting the above
contamination for possible inclusion on the National Priorities
definition. The user or environmental professional should
List.
consider whether the state in which the installation is located
3.2.4 contaminated public wells—public wells used for
has identified such identified substances.
drinking water that have been designated by a government
3.2.11 hazardous waste—any hazardous waste having the
entity as contaminated by toxic substances (for example,
characteristics identified under or listed pursuant to section
chlorinated solvents), or as having water unsafe to drink
3001 of the Solid Waste DisposalAct (42 USC § 6901 et seq.)
without treatment.
(but not including any waste the regulation of which under the
3.2.5 drum—a container (typically, but not necessarily,
Solid Waste Disposal Act has been suspended by Act of
holding 55 gal [208 L] of liquid) that may have been used to Congress) and so forth.
store hazardous substances or petroleum products.
3.2.12 landfill—a place, location, tract of land, area, or
3.2.6 dwelling—structure or portion thereof used for resi-
premises used for the disposal of solid wastes as defined by
dential habitation. state solid waste regulations. The term is synonymous with the
term solid waste disposal site and is also known as a garbage
3.2.7 environmental lien—a charge, security, or encum-
dump, trash dump, or similar term.
brance upon title to a property to secure the payment of a cost,
damage, debt, obligation, or duty arising out of response 3.2.13 local street directories—directories published by pri-
actions, cleanup, or other remediation of hazardous substances
vate (or sometimes government) sources that show ownership,
or petroleum products upon a property, including (b
...