ASTM D5746-98(2010)
(Classification)Standard Classification of Environmental Condition of Property Area Types for Defense Base Closure and Realignment Facilities
Standard Classification of Environmental Condition of Property Area Types for Defense Base Closure and Realignment Facilities
SIGNIFICANCE AND USE
Uses—This classification is intended for use by DoD components in order to direct 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 parcel identifications and parcels suitable for transfer by lease or by deed. This classification should be used to facilitate standardized determinations of the environmental condition of a DoD installation's real property. Such environmental condition of property determinations are necessary to assess the progress of ongoing environmental restoration, identify areas where further response may be required, identify areas where further evaluation is necessary, and to support FOSTs and FOSLs. An environmental condition of property map, which should be prepared using this classification, provides a consolidated view of a DoD installation's environmental investigation data, including sampling information.
SCOPE
1.1 Purpose—The purpose of this classification is to define seven standard environmental condition of property area types for Department of Defense (DoD) real property at a closing military installation with respect to the requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 Section 120(h), as amended by the Community Environmental Response Facilitation Act (CERFA) of 1992, and Section 331 of the National Defense Authorization Act for Fiscal Year 1997. As such, this classification is intended to permit a DoD component to classify property into seven area types, in order to facilitate and support findings of suitability to transfer (FOSTs), findings of suitability to lease (FOSLs), and uncontaminated parcel determinations pursuant to the requirements of CERFA. Users of this classification should note that it does not address (except where noted explicitly) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the identification and use of these environmental condition of property area types.
1.1.1 Seven Recognized Standard Environmental Condition of Property Area Types—The goal of this classification is to permit DoD components to classify properties on closing DoD installations in order to support determinations of which properties are suitable and unsuitable for transfer by lease or by deed. The term “standard environmental condition of property area type” refers to one of the seven area types defined in this classification. An identification of an area type on an environmental condition of property map means that a DoD component has conducted sufficient studies to make a determination of the recognized environmental conditions of installation real property or has complied with the identification requirements of uncontaminated property under CERFA, or both, and has categorized the property into one of the following seven area types:
1.1.1.1 Standard Environmental Condition of Property Area Type 1—An area or parcel of real property where no release, or disposal of hazardous substances or petroleum products or their derivatives has occurred (including no migration of these substances from adjacent properties).
1.1.1.2 Standard Environmental Condition of Property Area Type 2—An area or parcel of real property where only the release or disposal of petroleum products or their derivatives has occurred.
1.1.1.3 Standard Environmental Condition of Property Area Type 3—An area or parcel of real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, but at concentrations that do not require a removal or remedial action.
1.1.1.4 Standard Environmental Condition of Property Area Type 4—An area or parcel of real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, and all remedial actions necessary to protect human health and the env...
General Information
Relations
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:D5746 −98 (Reapproved 2010)
Standard Classification of
Environmental Condition of Property Area Types for
Defense Base Closure and Realignment Facilities
This standard is issued under the fixed designation D5746; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision.Anumber in parentheses indicates the year of last reapproval.A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.
1. Scope 1.1.1.1 Standard Environmental Condition of Property Area
Type 1—Anareaorparcelofrealpropertywherenorelease,or
1.1 Purpose—The purpose of this classification is to define
disposalofhazardoussubstancesorpetroleumproductsortheir
seven standard environmental condition of property area types
derivatives has occurred (including no migration of these
for Department of Defense (DoD) real property at a closing
substances from adjacent properties).
military installation with respect to the requirements of the
1.1.1.2 Standard Environmental Condition of Property Area
Comprehensive Environmental Response, Compensation and
Type 2—An area or parcel of real property where only the
Liability Act (CERCLA) of 1980 Section 120(h), as amended
release or disposal of petroleum products or their derivatives
by the Community Environmental Response Facilitation Act
has occurred.
(CERFA) of 1992, and Section 331 of the National Defense
1.1.1.3 Standard Environmental Condition of Property Area
Authorization Act for Fiscal Year 1997. As such, this classifi-
Type 3—An area or parcel of real property where release,
cation is intended to permit a DoD component to classify
disposal, or migration, or some combination thereof, of haz-
propertyintosevenareatypes,inordertofacilitateandsupport
ardous substances has occurred, but at concentrations that do
findings of suitability to transfer (FOSTs), findings of suitabil-
not require a removal or remedial action.
ity to lease (FOSLs), and uncontaminated parcel determina-
tions pursuant to the requirements of CERFA. Users of this 1.1.1.4 Standard Environmental Condition of Property Area
classification should note that it does not address (except
Type 4—An area or parcel of real property where release,
where noted explicitly) requirements for appropriate and disposal, or migration, or some combination thereof, of haz-
timely regulatory consultation or concurrence, or both, during
ardous substances has occurred, and all remedial actions
the identification and use of these environmental condition of necessary to protect human health and the environment have
property area types. been taken.
1.1.1 Seven Recognized Standard Environmental Condition
1.1.1.5 Standard Environmental Condition of Property Area
of Property Area Types—The goal of this classification is to
Type 5—An area or parcel of real property where release,
permit DoD components to classify properties on closing DoD
disposal, or migration, or some combination thereof, of haz-
installations in order to support determinations of which
ardous substances has occurred and removal or remedial
propertiesaresuitableandunsuitablefortransferbyleaseorby
actions, or both, are under way, but all required actions have
deed. The term “standard environmental condition of property
not yet been taken.
area type” refers to one of the seven area types defined in this
1.1.1.6 Standard Environmental Condition of Property Area
classification. An identification of an area type on an environ-
Type 6—An area or parcel of real property where release,
mental condition of property map means that a DoD compo-
disposal, or migration, or some combination thereof, of haz-
nent has conducted sufficient studies to make a determination
ardous substances has occurred, but required response actions
of the recognized environmental conditions of installation real
have not yet been initiated.
property or has complied with the identification requirements
1.1.1.7 Standard Environmental Condition of Property Area
of uncontaminated property under CERFA, or both, and has
Type 7—An area or parcel of real property that is unevaluated
categorized the property into one of the following seven area
or requires additional evaluation.
types:
1.1.2 CERCLA Section 120(h) Requirements—This classifi-
cation of environmental condition of property area types is
consistent with CERCLA§ 120(h) requirements relating to the
This classification is under the jurisdiction of ASTM Committee E50 on
transfer of contaminated federal real property (42 USC 9601
Environmental Assessment, Risk Management and Corrective Action and is the
direct responsibility of Subcommittee E50.02 on Real Estate Assessment and
and following).Areas classified asArea Types 1 through 4, as
Management.
defined in this classification, are suitable, with respect to
Current edition approved April 1, 2010. Published May 2010. Originally
CERCLA § 120(h) requirements, for deed transfer to a non-
approved in 1995. Last previous edition approved in 2002 D5746-95. DOI:
10.1520/D5746-98R10. federal recipient.
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
D5746−98 (2010)
1.1.3 CERFA Requirements—This classification of environ- DoDPolicy on the Environmental Review Process to Reach
mental condition of property area types can be used in a Finding of Suitability to Transfer (FOST) for Property
conjunction with the reporting requirements of CERFA, which Where Release or Disposal Has Occurred, June 1994
amended CERCLA (Public Law 102-426, 106 Statute 2174). DoDPolicy on the Implementation of the Community En-
Asdefinedinthisclassification,areasclassifiedasType1areas vironmental Response FacilitationAct (CERFA), Septem-
are eligible for reporting as “uncontaminated property” under ber 1993
theprovisionsofCERFA.Atinstallationslistedonthenational DoD Clarification of “Uncontaminated” Environmental
prioritieslist,EnvironmentalProtectionAgency(EPA)concur- Condition of Property at Base Realignment and Closure
rence must be obtained for a parcel to be considered uncon- (BRAC) Installations, October 1996
taminated and therefore transferable under CERCLA §
120(h)(4). EPAhas stated as a matter of policy that there may
3. Terminology
be instances in which it would be appropriate to concur with
3.1 This section provides definitions, descriptions of terms,
the military service that certain parcels can be identified as
and a list of acronyms for many of the words used in this
uncontaminated under CERCLA § 120(h)(4), although some
classification. The terms are an integral part of this classifica-
limitedquantityofhazardoussubstancesorpetroleumproducts
tion and are critical to an understanding of this classification
have been stored, released, or disposed of on the parcel. If the
and its use.
information available indicates that the storage, release, or
3.2 Definitions:
disposal was associated with activities that would not be
3.2.1 environmental baseline survey (EBS)—a survey of
expected to pose a threat to human health or the environment
DoD real property based on all existing environmental infor-
(for example, housing areas, petroleum-stained pavement
mation related to the storage, release, treatment, or disposal of
areas, and areas having undergone routine application of
hazardous substances or petroleum products or derivatives on
pesticides), such parcels should be eligible for expeditious
the property to determine or discover the obviousness of the
reuse.
presenceorlikelypresenceofareleaseorthreatenedreleaseof
1.1.4 Petroleum Products—Petroleum products and their
any hazardous substance or petroleum product. In certain
derivatives are included within the scope of this classification.
cases,additionaldata,includingsamplingandanalysis,maybe
Under DoD policy, areas on which petroleum products and
neededintheEBStosupportclassificationofthepropertyinto
their derivatives have been released or disposed of may not be
one of the standard environmental condition of property area
suitable for deed transfer until a response action has been
types. Additionally, an EBS may also satisfy the uncontami-
completed.
nated property identification requirements of CERFA.An EBS
1.2 Objectives—The objectives guiding the development of
will consider all sources of available information concerning
this classification are as follows: (1) to synthesize and put in
environmentally significant current and past uses of the real
writing a standard classification of environmental condition of
property and shall, at a minimum, consist of the following: (1)
property area types; (2) to facilitate the development of
a detailed search and review of available information and
high-quality, standardized environmental condition of property
records in the possession of the DoD components or records
maps that can be used to support FOSTs and FOSLs; (3)to
made available by the regulatory agencies or other involved
facilitatethedevelopmentofastandardpracticeforconducting
Federalagencies.DoDcomponentsareresponsibleforrequest-
environmental baseline surveys; and (4) to facilitate the devel-
ing and making reasonable inquiry into the existence and
opment of a standard guide for preparing environmental
availability of relevant information and records to include any
baseline survey reports.
additional study information (for example, surveys for radio-
active materials, asbestos, radon, lead-based paint, transform-
2. Referenced Documents
ers containing PCB, Resource Conservation and RecoveryAct
2.1 ASTM Standards:
Facility Assessments and Investigations (RFA and RFI), and
E1527PracticeforEnvironmentalSiteAssessments:PhaseI
underground storage tank cleanup program) to determine the
Environmental Site Assessment Process
environmental condition of the property; (2) a review of all
E1528Practice for Limited Environmental Due Diligence:
reasonably obtainable Federal, state, and local government
Transaction Screen Process
recordsforeachadjacentfacilitywheretherehasbeenarelease
2.2 Department of Defense Policies:
or likely release of any hazardous substance or any petroleum
DoDPolicy on the Environmental Review Process to Reach
product, and that is likely to cause or contribute to a release or
aFindingofSuitabilitytoLease(FOSL),September1993
threatened release of any hazardous substance or any petro-
DoDPolicy on the Environmental Review Process to Reach
leumproductontheDoDrealproperty;(3)ananalysisofaerial
a Finding of Suitability to Transfer (FOST) for Property
photographs that may reflect prior uses of the property, which
Where No Release or Disposal Has Occurred, June 1994
are in the possession of the Federal government or are
reasonably obtainable through state or local government agen-
cies; (4) interviews with current or former employees, or both,
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
involved in operations on the real property; (5) visual inspec-
Standards volume information, refer to the standard’s Document Summary page on
tionsoftherealproperty;anybuildings,structures,equipment,
the ASTM website.
pipe, pipeline, or other improvements on the real property; and
AvailablefromNationalTechnicalInformationSevices,5285PortRoyalRoad,
Springfield, VA 22161. of properties immediately adjacent to the real property, noting
D5746−98 (2010)
sewerlines,runoffpatterns,evidenceofenvironmentalimpacts Air Act (42 USC § 7412), and (F) any imminently hazardous
(for example, stained soil, stressed vegetation, and dead or ill chemical substance or mixture with respect to which the
wildlife), and other observations that indicate the actual or Administrator (of EPA) has taken action pursuant to section
potential release of hazardous substances or petroleum prod- 2606 of Title 15. The term does not include petroleum,
ucts; (6) the identification of sources of contamination on the
including crude oil or any fraction thereof which is not
installationandonadjacentpropertiesthatcouldmigratetothe otherwise specifically listed or designated as a hazardous
parcel during Federal government ownership; (7) ongoing
substance under subparagraphs (A) through (F) of this
response actions or actions that have been taken at or adjacent paragraph, and the term does not include natural gas, natural
to the parcel; and (8) physical inspection of the property
gas liquids, liquefied natural gas, or synthetic gas usable for
adjacent to the real property, to the extent permitted by owners
fuel (or mixtures of natural gas and such synthetic gas).”
or operators of such property.
3.2.5 petroleum products—thosesubstancesincludedwithin
3.2.2 environmental baseline survey (EBS) report—thewrit-
the meaning of the petroleum exclusion to CERCLA 42 USC
ten record of an EBS that includes the following: (1)an
§ 9601(14) as interpreted by the courts and EPA, that is:
executivesummarybrieflystatingtheareasofrealproperty(or
“petroleum,includingcrudeoiloranyfractionthereofwhichis
parcels) evaluated and the conclusions of the EBS; (2) the
not otherwise specifically listed or designated as a hazardous
property identification (for example, the address, assessor
substance under subparagraphs (A) through (F) of this
parcel number, or legal description); (3) any relevant informa-
paragraph, and the term does not include natural gas, natural
tion obtained from a detailed search of Federal government
gas liquids, liquefied natural gas, or synthetic gas usable for
records pertaining to the property, including available maps;
fuel (or mixtures of natural gas and such synthetic gas).”
(4) any relevant information obtained from a review of the
3.2.6 property—the real DoD property subject to classifica-
recorded chain of title documents regarding the real property.
tion under the classification of environmental condition of
Thereviewshouldaddressthosepriorownershipsandusesthat
property area types.
could reasonably have contributed to an environmental
concern, and, at a minimum, cover the preceding 60 years; (5)
3.2.7 recorded land title records—records to be searched
a description of past and current activities, including all past
during a chain of title search, including records of fee
DoD uses to the extent such information is reasonably
ownership, leases, land contracts, easements, liens, and other
available, on the property and on adjacent properties; (6)a
encumbrances on or of the property recorded in the place
description of hazardous substances or petroleum products
wherelandtitlerecordsarerecorded,bylaworcustom,forthe
management practices (to include storage, release, treatment,
local jurisdiction in which the property is located. (Such
...
Questions, Comments and Discussion
Ask us and Technical Secretary will try to provide an answer. You can facilitate discussion about the standard in here.