ASTM D5746-24

Standard Classification of Environmental Condition of Property Area Types, Including Explosives Safety for Federally-Owned Real Property

SIGNIFICANCE AND USE
4.1 Uses—This classification is intended for use by federal landholding agencies and DoD components in order to direct ECOP efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps, explosives safety condition maps, and ECOP 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 and explosives safety conditions of a federal landholding agency, FUDS, and DoD installation's real property. Such environmental condition of property and explosives safety condition 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, and explosives safety condition map, if applicable, based upon the ECOP report prepared in accordance with Practice D6008, is prepared using this classification. The ECOP report may be used to determine the MILCON category (see Section 8 and Table X1.1 in Appendix X1).
SCOPE
1.1 Purpose—The purpose of this classification is to define eight standard environmental condition of property area types for federally-owned real property 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 federal landholding agency to classify property into eight 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 Eight Recognized Standard Environmental Condition of Property Area Types—The goal of this classification is to permit federal landholding agencies to classify properties 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 eight area types defined in this classification. An identification of an area type on an environmental condition of property map means that a federal landholding agency federally-owned 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 eight 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 adjoining 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 E...

General Information

• Status: Published
• Publication Date: 31-Jan-2024
• ICS: 95.020 - Military in general
• Technical Committee: E50 - Environmental Assessment, Risk Management and Corrective Action
• Drafting Committee: E50.02 - Real Estate Assessment and Management

Relations

• Replaces: ASTM D5746-23 - Standard Classification of Environmental Condition of Property Area Types, Including Explosives Safety for Federally-Owned Real Property
• Effective Date: 01-Feb-2024
• Referred By: ASTM D5681-23 - Standard Terminology for Waste and Waste Management
• Effective Date: 01-Feb-2024
• Referred By: ASTM D6235-18 - Standard Practice for Expedited Site Characterization of Vadose Zone and Groundwater Contamination at Hazardous Waste Contaminated Sites
• Effective Date: 01-Feb-2024
• Referred By: ASTM D6008-22 - Standard Practice for Determining the Environmental Condition of Federal Property
• Effective Date: 01-Feb-2024

Overview

ASTM D5746-24: Standard Classification of Environmental Condition of Property Area Types, Including Explosives Safety for Federally-Owned Real Property is a critical standard for federal landholding agencies and Department of Defense (DoD) components. The primary goal of this ASTM standard is to provide a consistent classification system for the environmental condition of federally-owned real property. This framework is essential for property transfer, lease, and environmental management activities, particularly in compliance with relevant federal laws such as CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) and CERFA (Community Environmental Response Facilitation Act).

ASTM D5746-24 also extends to evaluating explosive safety conditions, addressing properties previously used for defense-related activities where military munitions or unexploded ordnance may be present. The classification system aims to support accurate and standardized environmental reporting for federal property transactions, ensuring compliance, public safety, and effective environmental restoration.

Key Topics

• Eight Area Types: The standard defines eight environmental condition of property (ECOP) area types, ranging from parcels with no releases of hazardous substances to those requiring ongoing or uninitiated remedial actions.
• Explosives Safety: Incorporates explosive safety assessments for properties that may contain military munitions, unexploded ordnance, or commercial explosives.
• Compliance with Federal Law: Supports CERCLA, CERFA, and National Defense Authorization Act requirements for federal property transfers and uncontaminated parcel determinations.
• Standardized Reporting: Provides guidance for creating environmental condition of property maps and ECOP reports, crucial for findings of suitability to transfer (FOST) and findings of suitability to lease (FOSL).
• Hazardous Substances and Petroleum Products: Covers properties affected by both hazardous substances and petroleum product releases.
• Munitions Response Areas: Addresses site-specific risks at Department of Defense properties and formerly used defense sites (FUDS).

Applications

• Federal Property Transfers and Leases: Enables agencies to classify and disclose property conditions to support due diligence and statutory requirements for sale or lease.
• Environmental Restoration Projects: Facilitates tracking progress and identifying further response actions for remediating contaminated federal sites.
• Risk Management: Supports decision-making regarding land use restrictions, institutional controls, and public safety where explosives or hazardous substances are present.
• Environmental Site Assessments: Aids preparers and reviewers in producing standardized ECOP reports and maps, integrating requirements from related practices such as ASTM D6008.
• Regulatory and Stakeholder Communication: Provides a common language and set of definitions for environmental professionals, regulators, and stakeholders involved in federal real property management.

Related Standards

• ASTM D6008: Practice for Determining the Environmental Condition of Federal Property, often referenced when preparing ECOP reports and maps.
• ASTM E1527: Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.
• ASTM E1689, E2081, E2091, E2205, E2247: Guides covering conceptual site models, risk-based corrective action, and protection of ecological resources.
• Federal Regulations: 40 CFR 373 (Reporting Hazardous Substance Activity), 32 CFR 179 (Munitions Response Site Prioritization Protocol).
• Department of Defense and EPA Guidelines: Including Army Regulation 200-1, DoD Manual 4715.20, DESR 6055.09, EPA Munitions Response Guidelines, and BLM Handbook H-1703-2.

Practical Value

Using ASTM D5746-24 ensures consistent, transparent, and defensible property classification, which streamlines communication, supports compliance, and mitigates risks related to environmental liabilities and explosive hazards. Agencies, consultants, and property managers can rely on this standard to guide property cleanup, transfer, or reuse while protecting human health and the environment.

Keywords: environmental condition of property, ECOP, explosives safety, hazardous substances, federally-owned real property, property transfer, CERCLA, CERFA, munitions response, ASTM D5746-24.

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: D5746 − 24
Standard Classification of
Environmental Condition of Property Area Types, Including
Explosives Safety for Federally-Owned Real Property
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. A number in parentheses indicates the year of last reapproval. A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.
INTRODUCTION
Section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) of 1980, as amended, requires that federal landholding agencies determine and disclose
the environmental classification of real property slated for sale, lease, or transfer. The disclosure and
classification process developed in the 1990s does not adequately address the rare situations where
property under the jurisdiction of the Department of Defense, including formerly used defense sites
(FUDS) and other federal landholding agencies, at which DoD military munitions (that is, unexploded
ordnance [UXO], discarded military munitions [DMM]) may remain present on the surface or in the
subsurface is transferred to another federal landholding agency, state agency, or non-governmental
organization. Additionally, CERCLA §120(h) does not address situations in which commercial
explosives (for example, dynamite, fireworks) may have been abandoned or stored pending final
disposition on other Federally-owned property. To address this deficiency, eight explosive safety
classifications have been developed to augment the classification and notification requirements of 40
CFR 373.
1. Scope appropriate and timely regulatory consultation or
concurrence, or both, during the identification and use of these
1.1 Purpose—The purpose of this classification is to define
environmental condition of property area types.
eight standard environmental condition of property area types
1.1.1 Eight Recognized Standard Environmental Condition
for federally-owned real property with respect to the require-
of Property Area Types—The goal of this classification is to
ments of the Comprehensive Environmental Response, Com-
permit federal landholding agencies to classify properties in
pensation and Liability Act (CERCLA) of 1980 Section
order to support determinations of which properties are suitable
120(h), as amended by the Community Environmental Re-
and unsuitable for transfer by lease or by deed. The term
sponse Facilitation Act (CERFA) of 1992, and Section 331 of
“standard environmental condition of property area type”
the National Defense Authorization Act for Fiscal Year 1997.
refers to one of the eight area types defined in this classifica-
As such, this classification is intended to permit a federal
tion. An identification of an area type on an environmental
landholding agency to classify property into eight area types, in
condition of property map means that a federal landholding
order to facilitate and support findings of suitability to transfer
agency federally-owned has conducted sufficient studies to
(FOSTs), findings of suitability to lease (FOSLs), and uncon-
make a determination of the recognized environmental condi-
taminated parcel determinations pursuant to the requirements
tions of installation real property or has complied with the
of CERFA. Users of this classification should note that it does
identification requirements of uncontaminated property under
not address (except where noted explicitly) requirements for
CERFA, or both, and has categorized the property into one of
the following eight area types:
This classification is under the jurisdiction of ASTM Committee E50 on
1.1.1.1 Standard Environmental Condition of Property Area
Environmental Assessment, Risk Management and Corrective Action and is the
direct responsibility of Subcommittee E50.02 on Real Estate Assessment and
Type 1—An area or parcel of real property where no release, or
Management.
disposal of hazardous substances or petroleum products or
Current edition approved Feb. 1, 2024. Published April 2024. Originally
their derivatives has occurred (including no migration of these
approved in 1995. Last previous edition approved in 2023 D5746 - 23. DOI:
10.1520/D5746-24. substances from adjoining properties).
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
D5746 − 24
1.1.1.2 Standard Environmental Condition of Property Area the military service that certain parcels can be identified as
Type 2—An area or parcel of real property where only the uncontaminated under CERCLA § 120(h)(4), although some
release or disposal of petroleum products or their derivatives limited quantity of hazardous substances or petroleum products
has occurred. have been stored, released, or disposed of on the parcel. If the
information available indicates that the storage, release, or
1.1.1.3 Standard Environmental Condition of Property Area
disposal was associated with activities that would not be
Type 3—An area or parcel of real property where release,
expected to pose a threat to human health or the environment
disposal, or migration, or some combination thereof, of haz-
(for example, housing areas, petroleum-stained pavement
ardous substances has occurred, but at concentrations that do
areas, and areas having undergone routine application of
not require a removal or remedial action.
pesticides), such parcels should be eligible for expeditious
1.1.1.4 Standard Environmental Condition of Property Area
reuse.
Type 4—An area or parcel of real property where release,
1.1.4 Petroleum Products—Petroleum products and their
disposal, or migration, or some combination thereof, of haz-
derivatives are included within the scope of this classification.
ardous substances has occurred, and all remedial actions
Under existing agency-specific and US EPA policy, areas on
necessary to protect human health and the environment have
which petroleum products and their derivatives have been
been taken.
released or disposed of may not be suitable for deed transfer
1.1.1.5 Standard Environmental Condition of Property Area
until a response action has been completed.
Type 5—An area or parcel of real property where release,
1.1.5 Munitions Response, Munitions Response Areas, and
disposal, or migration, or some combination thereof, of haz-
Munitions and Explosives of Concern are included within the
ardous substances has occurred and removal or remedial
scope this classification. Discarded Military Munitions (DMM)
actions, or both, are under way, but all required actions have
and Unexploded Ordnance (UXO) may be encountered at
not yet been taken.
Department of Defense properties and at formerly used defense
1.1.1.6 Standard Environmental Condition of Property Area
sites (FUDS). Section 7.1 describes the steps the environmental
Type 6—An area or parcel of real property where release,
professional should follow to determine if DMM and UXO are
disposal, or migration, or some combination thereof, of haz-
present or have been present on the subject property and any
ardous substances has occurred, but required response actions
response actions taken at address DMM and UXO. Based upon
have not yet been initiated.
this assessment, one of the seven explosive safety condition of
1.1.1.7 Standard Environmental Condition of Property Area
property types described in 7.2 through 7.8 can be assigned to
Type 7—An area or parcel of real property that is unevaluated
the property.
or requires additional evaluation.
1.2 Objectives—The objectives guiding the development of
1.1.1.8 Standard Environmental Condition of Property Area
this classification are as follows: (1) to synthesize and put in
Type 8—An area or parcel of real property where the release,
writing a standard classification of environmental condition of
disposal, or migration, or some combination thereof of haz-
property area types; (2) to facilitate the development of
ardous substances or emerging contaminants of environmental
high-quality, standardized environmental condition of property
concern has likely occurred, but response actions either (1)
maps that can be used to support FOSTs and FOSLs; (3) to
have not yet been determined, or (2) are being managed under
facilitate the development of a standard practice for conducting
the auspices of an ARAR, such as a federal or state health
environmental baseline surveys; and (4) to facilitate the devel-
advisory, or other federal regulatory program such as the Toxic
opment of a standard guide for preparing environmental
Substances Control Act (TSCA).
baseline survey reports.
1.1.2 CERCLA Section 120(h) Requirements—This classifi-
1.3 This international standard was developed in accor-
cation of environmental condition of property area types is
dance with internationally recognized principles on standard-
consistent with CERCLA § 120(h) requirements relating to the
ization established in the Decision on Principles for the
transfer of contaminated federal real property (42 USC 9601 et
Development of International Standards, Guides and Recom-
seq.). Areas classified as Area Types 1 through 4, as defined in
mendations issued by the World Trade Organization Technical
this classification, are suitable, with respect to CERCLA §
Barriers to Trade (TBT) Committee.
120(h) requirements, for deed transfer to a non-federal recipi-
ent.
2. Referenced Documents
1.1.3 CERFA Requirements—This classification of environ-
2.1 ASTM Standards:
mental condition of property area types can be used in
D6008 Practice for Determining the Environmental Condi-
conjunction with the reporting requirements of CERFA, which
tion of Federal Property
amended CERCLA (Public Law 102-426, 106 Statute 2174).
E1527 Practice for Environmental Site Assessments: Phase I
As defined in this classification, areas classified as Type 1 areas
Environmental Site Assessment Process
are eligible for reporting as “uncontaminated property” under
E1689 Guide for Developing Conceptual Site Models for
the provisions of CERFA. At federal installations listed on the
Contaminated Sites
national priorities list, Environmental Protection Agency (EPA)
concurrence must be obtained for a parcel to be considered
For referenced ASTM standards, visit the ASTM website, www.astm.org, or
uncontaminated and therefore transferable under CERCLA §
contact ASTM Customer Service at [e-mail]. For Annual Book of ASTM
120(h)(4). EPA has stated as a matter of policy that there may
Standards volume information, refer to the standard’s Document Summary page on
be instances in which it would be appropriate to concur with the ASTM website.
D5746 − 24
E2081 Guide for Risk-Based Corrective Action 3.2.1 adjoining properties, n—any real property or proper-
E2091 Guide for Use of Activity and Use Limitations, ties the border of which is (are) shared in part or in whole with
Including Institutional and Engineering Controls that of the federally-owned property, or that would be shared in
E2205 Guide for Risk-Based Corrective Action for Protec- part or in whole with that of the federally-owned property but
tion of Ecological Resources for a street, road, or other public thoroughfare separating the
E2247 Practice for Environmental Site Assessments: Phase I properties.
Environmental Site Assessment Process for Forestland or
3.2.2 all required remedial action, n—for the purposes of
Rural Property
this practice, all remedial action, as described in CERCLA§
2.2 Department of Defense Policies:
120(h)(3)(B)(i), has been taken if “the construction and instal-
U.S. Army Regulation 200-1 Environmental Protection and
lation of an approved remedial design has been completed, and
Enhancement, December 2007
the remedy has been demonstrated to the administrator [of
Department of Defense Manual 4715.20,Defense Environ-
EPA] to be operating properly and successfully; the carrying
mental Restoration Program (DERP) Management March
out of long-term pumping and treating, or operation and
9, 2012
maintenance, after the remedy has been demonstrated to the
Department of Defense, Defense Explosives Safety Regu-
administrator to be operating properly and successfully does
lation DESR 6055.09, January 2019
not preclude the transfer of the property.” [42 USC §
U.S. Navy. OPNAV Instruction 8020.14b, U.S. Navy Ex-
9620(h)(3)].
plosives Safety Management Program Policy Manual.
3.2.2.1 Discussion—Alternatively, in circumstances where a
July 2022
remedy has been constructed, but no ongoing treatment or
Office of the Undersecretary of Defense. Policy Memoran-
operation and maintenance is required, for example, “clean
dum for Clarifications and Upcoming Changes to Depart-
closure” or excavation of soil with off-site treatment, all
ment of Defense Instruction 4715.18 in Response to
remedial action means that all action required to meet appli-
Department of Defense Office of Inspector General
cable state or federal regulatory standards, including, as
Findings, April 2022
required, state or federal regulatory approval, has been taken
(see Practice D6008 Section 12.2). Land use restrictions may
2.3 Federal Standards:
be components of required remedial action.
Title 32, Code of Federal Regulations (CFR), Part 179, Mu-
nitions Response Site Prioritization Protocol (MRSPP)
3.2.3 applicable or relevant and appropriate requirements,
Title 40, Code of Federal Regulations (CFR) Part 373, Re-
(ARARs), n—those cleanup standards, standards of control, and
porting Hazardous Substance Activity When Selling or
other substantive requirements, criteria, or limitations promul-
Transferring Federal Real Property
gated under federal environmental or State environmental or
2.4 US EPA and Bureau of Land Management facility siting laws that, while not “applicable” to a hazardous
5,6
References: substance, pollutant, contaminant, remedial action, location, or
EPA Munitions Response Guidelines, OSWER Directive
other circumstance at a CERCLA site, address problems or
9200.1-101, July 2010 situations sufficiently similar to those encountered at the
Best Practice Process for Identifying and Determining State
CERCLA site that their use is well suited to the particular site
Applicable or Relevant and Appropriate Requirements (see EPA OLEM 9200.1-187).
Status Pilot, OLEM Directive 9200.2-187, October 2017
3.2.3.1 Discussion—Only those state standards that are
Bureau of Land Management Explosives of Concern: A
identified in a timely manner and are more stringent than
Handbook for Federal Land Managers, with. Emphasis on
federal requirements may be relevant and appropriate.
Unexploded Ordnance. BLM Handbook H-1703-2
3.2.4 chemical agent (CA), n—a chemical compound (to
include experimental compounds) that, through its chemical
3. Terminology
properties produces lethal or other damaging effects on human
3.1 This section provides definitions, descriptions of terms,
beings, is intended for use in military operations to kill,
and a list of acronyms for many of the words used in this
seriously injure, or incapacitate persons through its physiologic
classification. The terms are an integral part of this classifica-
effects.
tion and are critical to an understanding of this classification
3.2.4.1 Discussion—Excluded are research, development,
and its use.
testing, evaluation (RDT&E) solutions; riot control agents;
chemical defoliants and herbicides; smoke and other obscura-
3.2 Definitions:
tion materials; and industrial chemicals. (50 U.S.C.
§1521(p)(1)).
Available from National Technical Information Service (NTIS), 5301 Shawnee
3.2.5 chemical warfare material (CWM), n—Is defined in 32
Rd., Alexandria, VA 22312, http://www.ntis.gov.
CFR 179.3 as items generally configured as a munitions
Available from DLA Document Services, Building 4/D, 700 Robbins Ave.,
containing a chemical compound that is intended to kill,
Philadelphia, PA 19111-5094, http://quicksearch.dla.mil.
Available from United States Environmental Protection Agency (EPA), William
seriously injure, or incapacitate a person through its physi-
Jefferson Clinton Bldg., 1200 Pennsylvania Ave., NW, Washington, DC 20460,
ological effects.
http://www.epa.gov.
3.2.5.1 Discussion—CWM includes V- and G- series
Available from Bureau of Land Management, 1849 C Street NW Washington,
DC 20240, https://www.blm.gov. (lewisite) blister agents in other than munitions configurations;
D5746 − 24
and certain industrial chemicals (for examplehydrogen, cya- mental condition of a federal landholding agency installation’s
nide (AC), cyanogen chloride (CK), or carbonyl dichloride real property in terms of the eight standard environmental
(called phosgene or CG)) configured as a military munitions. condition of property area types defined in Section 6 of this
Due to their hazards, prevalence, and military unique classification (see Fig. 1).
application, chemical agent identification sets (CAIS) are also
3.2.10 environmental professional, n—a person possessing
considered CWM. CWM does not include riot control devices;
sufficient training and experience necessary to conduct an
chemical defoliants and herbicides; industrial chemicals (for
environmental condition of property assessment in accordance
example, AC, CK, or CG) not configured as a munition; smoke
with Practice D6008, and from the information and data
and other obscuration producing items; flame and incendiary
gathered by such activities, having the ability to develop
producing items; or soil, water debris, or other media contami-
conclusions regarding environmental classification of property
nated with low concentrations or chemical agents where no CA
and recognized environmental conditions in connection with
hazards exist. Subcategories include:
the property being evaluated.
(1) CWM, explosively configured are all munitions that
3.2.10.1 Discussion—This individual may be an employee
contain a CA fill and any explosive component. Examples are
or independent contractor of the user. An individual’s status as
M55 rockets with CA, the M23 VX mine, and the M360
an environmental professional may be limited to the type of
105 mm GB artillery cartridge.
environmental condition of property to be performed or to
(2) CMW, non-explosively configured are all munitions
specific steps for which the professional is responsible. The
that contain a CA fill, but that do not contain any explosive
person may be an independent contractor or an employee of the
components. Examples are any chemical munition that does
federal government. This definition is different than the defi-
not contain explosive components and chemical agent spray
nition of an environmental professional in the EPA’s All
canisters.
Appropriate Inquiries Rule (40 CFR §312.10).
(3) CWM, bulk container are all non-munitions configured
3.2.11 explosives safety, n—A condition where operational
containers of CA (for example, a ton container).
(4) CAIS are military training aids containing small quan- capability and readiness, people, property, and the environment
are protected from the unacceptable effects or risks of potential
tities of various CA and other chemicals.
mishaps involving DoD military munitions or other encumber-
3.2.6 discarded military munitions (DMM), n—military mu-
ing explosives or munitions.
nitions that have been abandoned without proper disposal or
removed from storage in a military magazine or other storage
3.2.11.1 Discussion—As defined in DESR 6055.0 and OP-
area for the purpose of disposal.
NAVINST 8020.14B, members of the public and public
3.2.6.1 Discussion—The term does not include unexploded
property are protected from the unacceptable effects or risk
ordnance, military munitions that are being held for future use
posed by commercial explosives.
or planned disposal, or military munitions that have been
3.2.12 explosive safety condition of property map, n—a
properly disposed of consistent with applicable environmental
map, prepared on the basis of relevant explosive safety
laws and regulations. (10 U.S.C 2710(e)(2)).
information collected to date, that shows the explosive safety
3.2.7 environmental condition of property (ECOP), n—a
condition of a federal landholding agency’s real property in
survey of federal real property based on all existing environ-
terms of the eight standard explosive safety condition of
mental information related to storage, release, treatment, or
property area types defined in this classification (see DESR
disposal of hazardous substances or petroleum products or
and BLM H-1703-2).
derivatives on the property to determine or discover the
3.2.13 formerly used defense sites (FUDS), n—properties
obviousness of the presence or likely presence of a release or
that were formerly owned by, leased to, or otherwise possessed
threatened release of any hazardous substance or petroleum
by the United States and under the jurisdiction of the Secretary
product (see Practice D6008).
of Defense prior to October 1986.
3.2.7.1 Discussion—The ECOP is required prior to the sale,
lease or transfer of federally-owned property by a federal
3.2.13.1 Discussion—The U.S. Army is the executive agent
landholding agency (see CERCLA §120(h)).
for the environmental restoration program and the U.S. Army
3.2.8 environmental condition of property (ECOP) report,
Corps of Engineers manages and directs the program’s admin-
n—the written record of an ECP.
istration.
3.2.8.1 Discussion—The ECOP Report is the documenta-
3.2.14 hazardous substance, n—means that group of sub-
tion for the Standard Classification in accordance with this
stances defined as hazardous under CERCLA §101(14), and
classification.
that appear at 40 CFR §302.4.
3.2.9 environmental condition of property map, n— to scale
3.2.14.1 Discussion—The term includes hazardous
drawing, prepared on the basis of all environmental investiga-
substances, military munitions and commercial explosives, or
tion information conducted to date, that shows the environ-
petroleum products even under conditions in compliance with
laws.
3.2.15 land use control (LUC), n—Any type of engineering
Although CAIS are managed as CWM during a munitions or CWM response,
or institutional mechanism that restricts the use of or limits
CAIS that do not contain neat agent or diluted nerve agent, may be dispositioned as
hazardous waste at a TSDF. access to real property to prevent or reduce risks to human
D5746 − 24
Source: California Army National Guard Mather EBS 2019
FIG. 1 Example of an Environmental Condition of Property Map
health and environment (see Guide E2091, Volume 7, Enclo- improvised explosive devices; and nuclear weapons, nuclear
sure 4 of DESR 6055.09, OPNAVINST 8020.14B and OSWER devices, and nuclear components, other than nonnuclear com-
Directive 9200.1-101). ponents of nuclear devices that are managed under the nuclear
weapons program of the Department of Energy after all
3.2.15.1 Discussion—Engineering controls are physical
required sanitization operations under the Atomic Energy Act
remedies to contain or reduce contamination and physical
of 1954 (42 U.S.C. 2011 et seq.) have been completed. (10
barriers to limit access to property, such as fences or signs.
U.S.C. 101(e)(4)(A) through (C)). The term does not include
Institutional controls include restrictive covenants, negative
commercial explosives such as dynamite.
easements, equitable servitudes, and deed notices as well as
3.2.17 munitions constituents, n—materials originating from
notices, adopted local land use plans and ordinances, construc-
unexploded ordnance (UXO), discarded military munitions
tion permitting, or other land use management systems to
(DMM), or other military munitions, including explosive and
ensure compliance with use restrictions.
non-explosive materials, and emission, degradation, or break-
3.2.16 military munitions, n—means all ammunition prod-
down elements of such ordnance or munitions. (10 U.S.C.
ucts and components produced for or used by the armed forces
2710(e)(3)).
for national defense and security, including ammunition prod-
ucts or components under the control of the Department of
3.2.18 munitions and explosives of concern,
Defense, the Coast Guard, the Department of Energy, and the
n—distinguishes specific categories of military munitions that
National Guard.
may pose unique explosives safety risks, such as unexploded
ordnance, as defined in 10 U.S.C. §101(e)(5); discarded
3.2.16.1 Discussion—The term includes confined gaseous,
military munitions, as defined in 10 U.S.C. §2710(e)(2); or
liquid, and solid propellants; explosives, pyrotechnics, chemi-
munitions constituents for example, TNT, RDX), as defined in
cal and riot control agents, smokes, and incendiaries, including
10 U.S.C. §2710(e)(3), present in high enough concentrations
bulk explosives, and chemical warfare agents; chemical
to pose an explosive hazard.
munitions, rockets, guided and ballistic missiles, bombs,
warheads, mortar rounds, artillery ammunition, SAA, 3.2.19 munitions response, n—actions, including
grenades, mines, torpedoes, depth charges, cluster munitions investigation, removal actions and remedial actions to address
and dispensers, demolition charges; and devices and compo- the explosives safety, human health, or environmental risks
nents thereof. The term does not include wholly inert items; presented by unexploded ordnance (UXO), discarded military
D5746 − 24
munitions (DMM), or munitions constituents (MC) or to necessary to prevent, minimize, or mitigate damage to the
support a determination that no removal or remedial action is public health or welfare or to the environment, which may
required. otherwise result from a release or threat of release.
3.2.27.1 Discussion—The term includes, in addition, with-
3.2.20 munitions response area (MRA), n—Any portion of
out being limited to, security fencing or other measures to limit
real property on a Department of Defense owned property that
access, provision of alternative water supplies, temporary
is known or suspected to contain UXO, DMM, or MC.
evacuation and housing of threatened individuals not otherwise
3.2.20.1 Discussion—Examples include former ranges and
provided for, action taken under section 104(b) of CERCLA,
munitions burial areas. A munitions response area is comprised
post-removal site control, where appropriate, and any emer-
of one or more munitions response sites.
gency assistance which may be provided under the Disaster
3.2.21 munitions response site (MRS)—A discrete location
Relief Act of 1974 (P.L 93-288).
within an MRA that is known to require a munitions response.
3.2.28 required remedial actions, n—remedial actions deter-
3.2.22 petroleum products, n—those substances included
mined necessary to comply with the requirements of CERCLA
within the meaning of the petroleum exclusion to CERCLA 42
§ 120(h)(3)(B)(i).
USC § 9601(14) as interpreted by the courts and EPA, that is:
3.2.28.1 Discussion—“remedial” means actions consistent
“petroleum, including crude oil or any fraction thereof which is
with permanent remedy taken instead of, or in addition to,
not otherwise specifically listed or designated as a hazardous
removal actions.
substance under subparagraphs (A) through (F) of this
3.2.29 required response actions, n—removal or remedial
paragraph, and the term does not include natural gas, natural
actions, or both, determined necessary to comply with the
gas liquids, liquefied natural gas, or synthetic gas usable for
requirements of CERCLA § 120(h)(3)(B)(i).
fuel (or mixtures of natural gas and such synthetic gas).”
3.2.29.1 Discussion— For federal landholding agencies,
3.2.23 property—the federally-owned land, including
these actions may include the imposition and maintenance of
buildings, fixtures, and other improvements located on and
land use controls as an enforceable clause in the FOSL or
affixed to the land subject to evaluation classification under the
FOST.
classification of environmental condition of property area types
3.2.30 risk-based criteria, n—cleanup levels intended to
(see Practice D6008).
meet a predetermined level of acceptable risk to human health
3.2.24 recorded land title records, n—records to be searched
or the environment. (see Guide E2081 and Guide E2205).
during a chain of title search, including records of fee
3.2.31 site inspection (SI), n—a systematic examination of
ownership, leases, land contracts, easements, liens, and other
the subject property to determine whether there is a release or
encumbrances on or of the property recorded in the place
potential release and the nature of the associated threats.
where land title records are recorded, by law or custom, for the
3.2.31.1 Discussion—the objective of the visual inspection
local jurisdiction in which the property is located (see 40 CFR
is to perform those parts of Steps 1 and 2 of the ECOP process,
312.24(a)).
as described in Section 11 of Practice D6008, pertaining to
3.2.25 release, n—as defined in CERCLA §101(22), any
visually obtaining information indicating the likelihood of
spilling, leaking, pumping, pouring, emitting, emptying,
recognized environmental conditions in connection with the
discharging, injecting, escaping, leaching, dumping, or dispos-
property, so that environmental condition of property area
ing into the environment (including the abandonment or
typedeterminations can be made.
discarding of barrels, containers, and other closed receptacles)
3.2.32 small arms ammunition (SAA), n—ammunition,
of any hazardous chemical, extremely hazardous substance, or
without projectiles that contain explosives other than tracers),
CERCLA hazardous substance.
that is .50 caliber or smaller, or for shotguns.
3.2.26 remedial actions, n—as defined in CERCLA
3.2.33 unexploded ordnance, n—as defined in 10 USC §
§101(22), those actions consistent with a permanent remedy
101(e)(5) are military munitions that:
taken instead of, or in addition to, removal of those actions
(1) Have been primed, fused, armed, or otherwise prepared
consistent with a permanent remedy taken instead of, or in
for action;
addition to, removal action in the event of a release or
(2) Have been fired, dropped, launched, projected, or
threatened release of a hazardous substance into the
placed in such a manner as field data to constitute a hazard to
environment, to prevent or minimize the release of hazardous
operations, installations, personnel or material; and
substances so that they do not migrate to cause substantial
(3) Remain unexploded, determine whether by
danger to the present or future public health or welfare or the
malfunction, design, or any other cause.
environment.
3.3 Definitions of Terms Specific to This Standard:
3.2.27 removal, v—the cleanup or removal of released
3.3.1 aerial photographs—photographs taken from an air-
hazardous substances from the environment; such actions as
plane or helicopter (from a low enough altitude to allow the
may be necessary to take in the event of the threat of release of
identification of development and activities) of areas encom-
hazardous substances into the environment; such actions as
passing the property and high resolution satellite and drone
may be necessary to monitor, assess, and evaluate the release
imagery.
or threat of release of hazardous substances; the disposal of
removed material; or the taking of such other actions as may be 3.3.1.1 Discussion—Aerial photographs are commonly
D5746 − 24
available from government agencies or private collections 3.3.11 environmental site assessment—the process by which
unique to a local area. Satellite imagery may be available from a person or entity seeks to determine whether a particular
government and commercial sources. parcel of real property (including improvements) is subject to
recognized environmental conditions (see Practice E1527 and
3.3.2 all remedial action taken, n—for the purposes of this
Practice E2247).
classification, all remedial action, as described in CERCLA §
120(h)(3)(B)(i), has been taken if “the construction and instal- 3.3.12 exposure pathway—the route from a contaminant
source to a human or any other environmental receptor (see
lation of an approved remedial design has been completed, and
the remedy has been demonstrated to the Administrator [of E1689).
EPA] to be operating properly and successfully.
3.3.13 interviews—sessions with current or former employ-
3.3.2.1 Discussion—The continuation of long-term pump-
ees involved in operations on the real property, conducted to
ing and treating, or operation and maintenance, after the
ascertain if release, treatment, or disposal of hazardous
remedy has been demonstrated to the Administrator to be
substances, petroleum products, or their derivatives has oc-
operating properly and successfully does not preclude the
curred or is occurring on the real property.
transfer of the property” (42 USC§ 9620(h)(3)).
3.3.14 migration—the movement of contaminant(s) away
3.3.3 biased field sampling, n—by any technique, field
from a source through permeable subsurface media (such as the
sampling of environmental media, which aids in the delinea-
movement of a groundwater plume of contamination), or the
tion of standard environmental condition of property area
movement of contaminant(s) by a combination of surficial and
types.
subsurface processes.
3.3.4 BRAC statutes, n—Title II of the Defense Authoriza-
3.3.15 MILCON, n—Military construction includes major
tion Amendments and Base Closure and Realignment Act of
and minor construction projects funded by Military
1988 (Public Law 100-526, 10 USC 2687) and the Defense
Construction, Army (MCA); Military Construction, Army
Base Closure and Realignment Act of 1990 (Part A of Title
Reserve (MCAR); Military Construction, National Guard
XXIX of Public Law 101-510, 10 USC 2687), collectively.
(MCNG); Army Family Housing (AFH); Defense MILCON;
3.3.4.1 Discussion—The 2005 Round (P.L. 107-107);
and Tenant Service MILCON.
amended the Defense Base Closure and Realignment Act of
3.3.15.1 Discussion—Pre-construction site selection. Prepa-
1990 (P.L. 101- 510). No new BRAC activities have been
ration of environmental documentation and site survey is
authorized by Congress since 2016.
considered advance planning. The project proponent at the
DoD installation is responsible for funding and executing the
3.3.5 carcinogenic, n—a cancer-causing substance.
environmental survey, unexploded ordnance survey, and asso-
3.3.6 chain of title review, v—a review of recorded land title
ciated documentation of a proposed MILCON construction site
records, conducted as part of an ECO.
before site selection.
3.3.7 chemical-specific, n—associated with the definition of
3.3.16 obviousness—the condition of being plain or evident.
applicable, or relevant and appropriate, requirements
A condition or fact that could not be ignored or overlooked by
(ARARs), chemical-specific ARARs are those that may define
a reasonable observer while conducting a records search or
acceptable exposure levels and can therefore be used in
while physically or visually observing the property in conjunc-
establishing primary remediation goals.
tion with an ECOP.
3.3.8 closing military installation, n—Department of De-
3.3.17 practically reviewable—information that is provided
fense installations identified for closure pursuant to BRAC
by the source in a manner and form that, upon examination,
statutes.
yields information relevant to the property without the need for
3.3.9 disposal, v—the discharge, deposit, injection, extraordinary analysis of irrelevant data.
dumping, spilling, leaking, or placing of any hazardous
3.3.17.1 Discussion—The form of the information shall be
substances, or petroleum products or their derivatives, into or
such that the user can review the records for a limited
on any land or water so that such hazardous substances, or
geographic area. Records that cannot be retrieved feasibly by
petroleum products or their derivatives or any constituent
reference to the location of the property or a geographic area in
thereof, may enter the environment or be emitted into the air or
which the property is located are not generally practically
discharged into any waters including groundwater.
reviewable. Most data bases of public records are practically
reviewable if they can be obtained from the source agency by
3.3.10 environmental investigation, n—any investigation in-
the county, city, zip code, or other geographic area of the
tended to determine the nature and extent of environmental
facilities listed in the record system. Records that are sorted,
contamination or to determine the environmental condition of
filed, organized, or maintained by the source agency only
property at a BRAC DoD installation or other federally-owned
chronologically are not generally practically reviewable. This
property.
term has the same meaning as provided in Practice E1527.
3.3.10.1 Discussion—Environmental investigations may
include, but are not limited to, environmental site assessments, 3.3.18 preliminary assessment (PA)—the review of existing
preliminary assessments, site inspections, remedial information and an off-site reconnaissance, if appropriate, to
investigations, ECOP assessments, RCRA facility assessments, determine whether a release or potential release may require
and RCRA facility investigations. additional investigation or action.
D5746 − 24
3.3.18.1 Discussion—A preliminary assessment may in- 3.3.24 standard explosive safety condition of property area
clude an on-site reconnaissance, if appropriate. type—one of the eight explosive safety conditions of property
area types defined in Section 7 of this classification.
3.3.19 reasonably ascertainable—information that is (1)
publicly available, (2) obtainable from its source within rea-
3.3.25 standards-based criteria—cleanup criteria intended
sonable time and cost constraints, and (3) practically review- to meet the performance standards for the selected remedial
able.
technology.
3.3.20 recognized environmental conditions, n—the pres-
3.3.25.1 Discussion—these criteria may be ARARs
ence of hazardous substances, including military munitions, or
3.3.26 storage, v—means the holding of hazardous sub-
petroleum products in, on, or at the federally-owned property
stances for, a temporary period, at the end of which the
due to a release to the environment; (2) the likely presence of
hazardous substance is either used, neutralized, disposed of, or
hazardous substances, including military munitions, or petro-
stored elsewhere.
leum products in on or at the federally-owned property due to
3.3.26.1 Discussion—Storage of RCRA-regulated waste for
a release or likely release to the environment or (3) the
a period that exceeds 90-days may require a permit issued by
presence of hazardous substances, including military
the US EPA or a state with delegated authority to enforce
munitions, or petroleum products in, on or at the federally-
RCRA regulations.
owned property under conditions that pose a material threat of
3.3.27 unevaluated—not previously evaluated during any
a future release to the environment. De minimis conditions are
not recognized environmental conditions. type of environmental investigation.
3.3.20.1 Discussion—The term includes hazardous sub-
3.3.27.1 Discussion—This may also be used to designate
stances or petroleum products even under conditions in com- areas that are unevaluated regarding CERFA reporting require-
pliance with laws. The term is not intended to include de ments.
minimis conditions that generally do not present a material risk
3.3.28 visual or physical inspection, or both—actions taken
of harm to the public health or the environment and that
during an ECOP to include observations made by vision while
generally would not be the subject of an enforcement action if
walking through or otherwise traversing a property and struc-
these conditions were brought to the attention of appropriate
tures located on it and observations made by the sense of smell,
governmental agencies. This term is introduced in Practice
particularly observations of noxious or foul odors.
E1527, and is used herein only in conjunction with ECP Steps
1 and 2 (see 6.2), as an intermediate outcome prior to the Step
3.3.28.1 Discussion—Due to the remoteness of some of the
3 classification of environmental condition of property area properties covered by this practice, the term visually and/or
types. A Phase I Environmental Site Assessment results in
physically observed also includes aerial photography, aerial
recognized environmental conditions, but not environmental imagery, and/or aerial flyovers. These techniques may be used
condition of property area types.
in conjunction with, or in lieu of, walking through areas (such
as clearings/disturbed soil, mounds, trenches, structures, and so
3.3.21 records search and/or review, v—detailed search and
forth) to identify the storage, use or release hazardous
review of available information and records in the possession
substances, military munitions, or petroleum.
of the DoD components, the federal landholding agency, and
3.4 Acronyms, Abbreviations, Initialisms:
records made available by the regulatory agencies or other
3.4.1 ARARs—applicable, or relevant and appropriate, re-
involved federal agencies, including, but not limited to, Instal-
quirements.
lation Restoration Program studies and analyses, surveys for
radioactive materials, asbestos, asbestos-containing materials,
3.4.2 ASTM—American Society for Testing and Materials.
radon, lead-based paint, electrical devices (that is, transform-
3.4.3 CA—chemical agent
ers) containing PCBs, RCRA facility assessments and
investigations, to determine what, if any, hazardous 3.4.4 CAIS—chemical agent identification set
substances, military munitions, or petroleum products may be
3.4.5 CERCLA—Comprehensive Environmental Response,
present on the property.
Compensation and Liability Act of 1980, as amended (42 USC
9620 et seq.).
3.3.21.1 Discussion—For the purposes of adjoining
properties, a records search includes the review of all reason-
3.4.6 CERFA—Community Environmental Response Facili-
ably obtainable federal, state, and local government records for
tation Act of 1992 (102 Public Law 426, 106 Statute 2174).
each adjoining facility where there has been a release or likely
3.4.7 CWM—chemical warfare material
release of any hazardous substance or any petroleum product,
3.4.8 DoD—Department of Defense.
and which is likely to cause or contribute to a release or
threatened release of any hazardous substance or any petro-
3.4.9 DMM—discarded military munitions
leum product on the federal real property.
3.4.10 ECOP—Environmental Condition of Property
3.3.22 site property—property within the boundaries of the
3.4.11 EPA—United States Environmental Protection
federally-owned land.
Agency.
3.3.23 standard environmental condition of property area
type—one of the eight environmental condition of property 3.4.12 FOSL—finding of suitability to lease, as described in
area types defined in this classification. the applicable DoD policy.
D5746 − 24
3.4.13 FOST—finding of suitability to transfer, as described used to determine the MILCON category (see Section 8 and
in the applicable DoD policy. Table X1.1 in Appendix X1).
3.4.14 FUDS—formerly used defense sites
5. Basis of Classification
3.4.15 LUC—land use control
5.1 Classification—Classification of the eight standard en-
3.4.16 MC—munitions constituents
vironmental condition of property area types is according to
statutory requirements for (1) the identification of uncontami-
3.4.17 MEC—munitions and explosives of concern
nated property within the provisions of CERFA and (2) for
3.4.18 MILCON—Military Construction
designating parcels of federally-owned property as being
3.4.19 MRA—munitions response area
suitable or unsuitable for transfer by deed within the provisions
3.4.20 MRS—munitions response site of CERCLA § 120(h)(3)(B)(i). Practice D6008 describes the
process and steps required to complete the environmental
3.4.21 PCBs—polychlorinated biphenyls.
condition of property (ECOP) assessment. Based upon the
3.4.22 RCRA—Resource Conservation and Recovery Act,
results of the ECOP assessment, the environmental profes-
as amended,
...

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: D5746 − 23 D5746 − 24
Standard Classification of
Environmental Condition of Property Area Types, Including
Explosives Safety for Federally-Owned Real Property
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. A number in parentheses indicates the year of last reapproval. A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.
INTRODUCTION
Section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) of 1980, as amended, requires that federal landholding agencies determine and disclose
the environmental classification of real property slated for sale, lease, or transfer. The disclosure and
classification process developed in the 1990s does not adequately address the rare situations where
property under the jurisdiction of the Department of Defense, including formerly used defense sites
(FUDS) and other federal landholding agencies, at which DoD military munitions (that is, unexploded
ordnance [UXO], discarded military munitions [DMM]) may remain present on the surface or in the
subsurface is transferred to another federal landholding agency, state agency, or non-governmental
organization. Additionally, CERCLA §120(h) does not address situations in which commercial
explosives (for example, dynamite, fireworks) may have been abandoned or stored pending final
disposition on other Federally-owned property. To address this deficiency, eight explosive safety
classifications have been developed to augment the classification and notification requirements of 40
CFR 373.
1. Scope
1.1 Purpose—The purpose of this classification is to define eight standard environmental condition of property area types for
federally-owned real property 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 federal landholding agency to classify property into eight 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 Eight Recognized Standard Environmental Condition of Property Area Types—The goal of this classification is to permit
federal landholding agencies to classify properties 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 eight area types defined in this classification. An identification of an area type on an environmental condition of property map
means that a federal landholding agency federally-owned 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 eight area types:
This classification 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 Sept. 1, 2023Feb. 1, 2024. Published November 2023April 2024. Originally approved in 1995. Last previous edition approved in 20162023
D5746 - 98D5746 - 23.(2016). DOI: 10.1520/D5746-98R16.10.1520/D5746-24.
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States
D5746 − 24
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 adjoining 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 environment have been taken.
1.1.1.5 Standard Environmental Condition of Property Area Type 5—An area or parcel of real property where release, disposal,
or migration, or some combination thereof, of hazardous substances has occurred and removal or remedial actions, or both, are
under way, but all required actions have not yet been taken.
1.1.1.6 Standard Environmental Condition of Property Area Type 6—An area or parcel of real property where release, disposal,
or migration, or some combination thereof, of hazardous substances has occurred, but required response actions have not yet been
initiated.
1.1.1.7 Standard Environmental Condition of Property Area Type 7—An area or parcel of real property that is unevaluated or
requires additional evaluation.
1.1.1.8 Standard Environmental Condition of Property Area Type 8—An area or parcel of real property where the release, disposal,
or migration, or some combination thereof of hazardous substances or emerging contaminants of environmental concern has likely
occurred, but response actions either (1) have not yet been determined, or (2) are being managed under the auspices of an ARAR,
such as a federal or state health advisory, or other federal regulatory program such as the Toxic Substances Control Act (TSCA).
1.1.2 CERCLA Section 120(h) Requirements—This classification of environmental condition of property area types is consistent
with CERCLA § 120(h) requirements relating to the transfer of contaminated federal real property (42 USC 9601 et seq.). Areas
classified as Area Types 1 through 4, as defined in this classification, are suitable, with respect to CERCLA § 120(h) requirements,
for deed transfer to a non-federal recipient.
1.1.3 CERFA Requirements—This classification of environmental condition of property area types can be used in conjunction with
the reporting requirements of CERFA, which amended CERCLA (Public Law 102-426, 106 Statute 2174). As defined in this
classification, areas classified as Type 1 areas are eligible for reporting as “uncontaminated property” under the provisions of
CERFA. At federal installations listed on the national priorities list, Environmental Protection Agency (EPA) concurrence must be
obtained for a parcel to be considered uncontaminated and therefore transferable under CERCLA § 120(h)(4). EPA has stated as
a matter of policy that there may be instances in which it would be appropriate to concur with the military service that certain
parcels can be identified as uncontaminated under CERCLA § 120(h)(4), although some limited quantity of hazardous substances
or petroleum products have been stored, released, or disposed of on the parcel. If the information available indicates that the
storage, release, or disposal was associated with activities that 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 application of
pesticides), such parcels should be eligible for expeditious reuse.
1.1.4 Petroleum Products—Petroleum products and their derivatives are included within the scope of this classification. Under
existing agency-specific and US EPA policy, areas on which petroleum products and their derivatives have been released or
disposed of may not be suitable for deed transfer until a response action has been completed.
1.1.5 Munitions Response, Munitions Response Areas, and Munitions and Explosives of Concern are included within the scope
this classification. Discarded Military Munitions (DMM) and Unexploded Ordnance (UXO) may be encountered at Department
of Defense properties and at formerly used defense sites (FUDS). Section 7.1 describes the steps the environmental professional
should follow to determine if DMM and UXO are present or have been present on the subject property and any response actions
D5746 − 24
taken at address DMM and UXO. Based upon this assessment, one of the seven explosive safety condition of property types
described in 7.2 through 7.8 can be assigned to the property.
1.2 Objectives—The objectives guiding the development of this classification are as follows: (1) to synthesize and put in writing
a standard classification of environmental condition of property area types; (2) to facilitate the development of high-quality,
standardized environmental condition of property maps that can be used to support FOSTs and FOSLs; (3) to facilitate the
development of a standard practice for conducting environmental baseline surveys; and (4) to facilitate the development of a
standard guide for preparing environmental baseline survey reports.
1.3 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.
2. Referenced Documents
2.1 ASTM Standards:
D6008 Practice for Determining the Environmental Condition of Federal Property
E1527 Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
E1689 Guide for Developing Conceptual Site Models for Contaminated Sites
E2081 Guide for Risk-Based Corrective Action
E2091 Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls
E2205 Guide for Risk-Based Corrective Action for Protection of Ecological Resources
E2247 Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural
Property
2.2 Department of Defense Policies:
U.S. Army Regulation 200-1 Environmental Protection and Enhancement, December 2007
Department of Defense Manual 4715.20,Defense Environmental Restoration Program (DERP) Management March 9, 2012
Department of Defense, Defense Explosives Safety Regulation DESR 6055.09, January 2019
U.S. Navy. OPNAV Instruction 8020.14b, U.S. Navy Explosives Safety Management Program Policy Manual. July 2022
Office of the Undersecretary of Defense. Policy Memorandum for Clarifications and Upcoming Changes to Department of
Defense Instruction 4715.18 in Response to Department of Defense Office of Inspector General Findings, April 2022
2.3 Federal Standards:
Title 32, Code of Federal Regulations (CFR), Part 179, Munitions Response Site Prioritization Protocol (MRSPP)
Title 40, Code of Federal Regulations (CFR) Part 373, Reporting Hazardous Substance Activity When Selling or Transferring
Federal Real Property
5,6
2.4 US EPA and Bureau of Land Management References:
EPA Munitions Response Guidelines, OSWER Directive 9200.1-101, July 2010
Best Practice Process for Identifying and Determining State Applicable or Relevant and Appropriate Requirements Status Pilot,
OLEM Directive 9200.2-187, October 2017
Bureau of Land Management Explosives of Concern: A Handbook for Federal Land Managers, with. Emphasis on Unexploded
Ordnance. BLM Handbook H-1703-2
3. Terminology
3.1 This section provides definitions, descriptions of terms, and a list of acronyms for many of the words used in this classification.
The terms are an integral part of this classification and are critical to an understanding of this classification and its use.
3.2 Definitions:
3.2.1 adjoining properties, n—any real property or properties the border of which is (are) shared in part or in whole with that of
the federally-owned property, or that would be shared in part or in whole with that of the federally-owned property but for a street,
road, or other public thoroughfare separating the properties.
For referenced ASTM standards, visit the ASTM website, www.astm.org, or contact ASTM Customer Service at [e-mail]. For Annual Book of ASTM Standards
volume information, refer to the standard’s Document Summary page on the ASTM website.
Available from National Technical Information Service (NTIS), 5301 Shawnee Rd., Alexandria, VA 22312, http://www.ntis.gov.
Available from DLA Document Services, Building 4/D, 700 Robbins Ave., Philadelphia, PA 19111-5094, http://quicksearch.dla.mil.
Available from United States Environmental Protection Agency (EPA), William Jefferson Clinton Bldg., 1200 Pennsylvania Ave., NW, Washington, DC 20460,
http://www.epa.gov.
Available from Bureau of Land Management, 1849 C Street NW Washington, DC 20240, https://www.blm.gov.
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3.2.2 all required remedial action, n—for the purposes of this practice, all remedial action, as described in CERCLA§
120(h)(3)(B)(i), has been taken if “the construction and installation of an approved remedial design has been completed, and the
remedy has been demonstrated to the administrator [of EPA] to be operating properly and successfully; the carrying out of
long-term pumping and treating, or operation and maintenance, after the remedy has been demonstrated to the administrator to be
operating properly and successfully does not preclude the transfer of the property.” [42 USC § 9620(h)(3)].
3.2.2.1 Discussion—
Alternatively, in circumstances where a remedy has been constructed, but no ongoing treatment or operation and maintenance is
required, for example, “clean closure” or excavation of soil with off-site treatment, all remedial action means that all action
required to meet applicable state or federal regulatory standards, including, as required, state or federal regulatory approval, has
been taken (see Practice D6008 Section 12.2). Land use restrictions may be components of required remedial action.
3.2.3 applicable or relevant and appropriate requirements, (ARARs), n—those cleanup standards, standards of control, and other
substantive requirements, criteria, or limitations promulgated under federal environmental or State environmental or facility siting
laws that, while not “applicable” to a hazardous substance, pollutant, contaminant, remedial action, location, or other circumstance
at a CERCLA site, address problems or situations sufficiently similar to those encountered at the CERCLA site that their use is
well suited to the particular site (see EPA OLEM 9200.1-187).
3.2.3.1 Discussion—
Only those state standards that are identified in a timely manner and are more stringent than federal requirements may be relevant
and appropriate.
3.2.4 chemical agent (CA), n—a chemical compound (to include experimental compounds) that, through its chemical properties
produces lethal or other damaging effects on human beings, is intended for use in military operations to kill, seriously injure, or
incapacitate persons through its physiologic effects.
3.2.4.1 Discussion—
Excluded are research, development, testing, evaluation (RDT&E) solutions; riot control agents; chemical defoliants and
herbicides; smoke and other obscuration materials; and industrial chemicals. (50 U.S.C. §1521(p)(1)).
3.2.5 chemical warfare material (CWM), n—Is defined in 32 CFR 179.3 as items generally configured as a munitions containing
a chemical compound that is intended to kill, seriously injure, or incapacitate a person through its physiological effects.
3.2.5.1 Discussion—
CWM includes V- and G- series (lewisite) blister agents in other than munitions configurations; and certain industrial chemicals
(for examplehydrogen, cyanide (AC), cyanogen chloride (CK), or carbonyl dichloride (called phosgene or CG)) configured as a
military munitions. Due to their hazards, prevalence, and military unique application, chemical agent identification sets (CAIS) are
also considered CWM. CWM does not include riot control devices; chemical defoliants and herbicides; industrial chemicals (for
example, AC, CK, or CG) not configured as a munition; smoke and other obscuration producing items; flame and incendiary
producing items; or soil, water debris, or other media contaminated with low concentrations or chemical agents where no CA
hazards exist. Subcategories include:
(1) CWM, explosively configured are all munitions that contain a CA fill and any explosive component. Examples are M55
rockets with CA, the M23 VX mine, and the M360 105 mm GB artillery cartridge.
(2) CMW, non-explosively configured are all munitions that contain a CA fill, but that do not contain any explosive
components. Examples are any chemical munition that does not contain explosive components and chemical agent spray canisters.
(3) CWM, bulk container are all non-munitions configured containers of CA (for example, a ton container).
(4) CAIS are military training aids containing small quantities of various CA and other chemicals.
3.2.6 discarded military munitions (DMM), n—military munitions that have been abandoned without proper disposal or removed
from storage in a military magazine or other storage area for the purpose of disposal.
3.2.6.1 Discussion—
The term does not include unexploded ordnance,military munitions that are being held for future use or planned disposal, or
military munitions that have been properly disposed of consistent with applicable environmental laws and regulations. (10 U.S.C
2710(e)(2)).
3.2.7 environmental condition of property (ECOP), n—a survey of federal real property based on all existing environmental
information related to storage, release, treatment, or disposal of hazardous substances or petroleum products or derivatives on the
Although CAIS are managed as CWM during a munitions or CWM response, CAIS that do not contain neat agent or diluted nerve agent, may be dispositioned as
hazardous waste at a TSDF.
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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 (see Practice D6008).
3.2.7.1 Discussion—
The ECOP is required prior to the sale, lease or transfer of federally-owned property by a federal landholding agency (see
CERCLA §120(h)).
3.2.8 environmental condition of property (ECOP) report, n—the written record of an ECP.
3.2.8.1 Discussion—
The ECOP Report is the documentation for the Standard Classification in accordance with this classification.
3.2.9 environmental condition of property map, n— to scale drawing, prepared on the basis of all environmental investigation
information conducted to date, that shows the environmental condition of a federal landholding agency installation’s real property
in terms of the eight standard environmental condition of property area types defined in Section 6 of this classification (see Fig.
1).
3.2.10 environmental professional, n—a person possessing sufficient training and experience necessary to conduct an environ-
mental condition of property assessment in accordance with Practice D6008, and from the information and data gathered by such
activities, having the ability to develop conclusions regarding environmental classification of property and recognized
environmental conditions in connection with the property being evaluated.
3.2.10.1 Discussion—
This individual may be an employee or independent contractor of the user. An individual’s status as an environmental professional
may be limited to the type of environmental condition of property to be performed or to specific steps for which the professional
is responsible. The person may be an independent contractor or an employee of the federal government. This definition is different
than the definition of an environmental professional in the EPA’s All Appropriate Inquiries Rule (40 CFR §312.10).
Source: AlaskaCalifornia Army National Guard EBS Report (public domain)Mather EBS 2019
FIG. 1 Example of an Environmental Condition of Property Map
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3.2.11 explosives safety, n—A condition where operational capability and readiness, people, property, and the environment are
protected from the unacceptable effects or risks of potential mishaps involving DoD military munitions or other encumbering
explosives or munitions.
3.2.11.1 Discussion—
As defined in DESR 6055.0 and OPNAVINST 8020.14B, members of the public and public property are protected from the
unacceptable effects or risk posed by commercial explosives.
3.2.12 explosive safety condition of property map, n—a map, prepared on the basis of relevant explosive safety information
collected to date, that shows the explosive safety condition of a federal landholding agency’s real property in terms of the eight
standard explosive safety condition of property area types defined in this classification (see DESR and BLM H-1703-2).
3.2.13 formerly used defense sites (FUDS), n—properties that were formerly owned by, leased to, or otherwise possessed by the
United States and under the jurisdiction of the Secretary of Defense prior to October 1986.
3.2.13.1 Discussion—
The U.S. Army is the executive agent for the environmental restoration program and the U.S. Army Corps of Engineers manages
and directs the program’s administration.
3.2.14 hazardous substance, n—means that group of substances defined as hazardous under CERCLA §101(14), and that appear
at 40 CFR §302.4.
3.2.14.1 Discussion—
The term includes hazardous substances, military munitions and commercial explosives, or petroleum products even under
conditions in compliance with laws.
3.2.15 land use control (LUC), n—Any type of engineering or institutional mechanism that restricts the use of or limits access to
real property to prevent or reduce risks to human health and environment (see Guide E2091, Volume 7, Enclosure 4 of DESR
6055.09, OPNAVINST 8020.14B and OSWER Directive 9200.1-101).
3.2.15.1 Discussion—
Engineering controls are physical remedies to contain or reduce contamination and physical barriers to limit access to property,
such as fences or signs. Institutional controls include restrictive covenants, negative easements, equitable servitudes, and deed
notices as well as notices, adopted local land use plans and ordinances, construction permitting, or other land use management
systems to ensure compliance with use restrictions.
3.2.16 military munitions, n—means all ammunition products and components produced for or used by the armed forces for
national defense and security, including ammunition products or components under the control of the Department of Defense, the
Coast Guard, the Department of Energy, and the National Guard.
3.2.16.1 Discussion—
The term includes confined gaseous, liquid, and solid propellants; explosives, pyrotechnics, chemical and riot control agents,
smokes, and incendiaries, including bulk explosives, and chemical warfare agents; chemical munitions, rockets, guided and
ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, SAA, grenades, mines, torpedoes, depth charges, cluster
munitions and dispensers, demolition charges; and devices and components thereof. The term does not include wholly inert items;
improvised explosive devices; and nuclear weapons, nuclear devices, and nuclear components, other than nonnuclear components
of nuclear devices that are managed under the nuclear weapons program of the Department of Energy after all required sanitization
operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been completed. (10 U.S.C. 101(e)(4)(A) through
(C)). The term does not include commercial explosives such as dynamite.
3.2.17 munitions constituents, n—materials originating from unexploded ordnance (UXO), discarded military munitions (DMM),
or other military munitions, including explosive and non-explosive materials, and emission, degradation, or breakdown elements
of such ordnance or munitions. (10 U.S.C. 2710(e)(3)).
3.2.18 munitions and explosives of concern, n—distinguishes specific categories of military munitions that may pose unique
explosives safety risks, such as unexploded ordnance, as defined in 10 U.S.C. §101(e)(5); discarded military munitions, as defined
in 10 U.S.C. §2710(e)(2); or munitions constituents for example, TNT, RDX), as defined in 10 U.S.C. §2710(e)(3), present in high
enough concentrations to pose an explosive hazard.
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3.2.19 munitions response, n—actions, including investigation, removal actions and remedial actions to address the explosives
safety, human health, or environmental risks presented by unexploded ordnance (UXO), discarded military munitions (DMM), or
munitions constituents (MC) or to support a determination that no removal or remedial action is required.
3.2.20 munitions response area (MRA), n—Any portion of real property on a Department of Defense owned property that is known
or suspected to contain UXO, DMM, or MC.
3.2.20.1 Discussion—
Examples include former ranges and munitions burial areas. A munitions response area is comprised of one or more munitions
response sites.
3.2.21 munitions response site (MRS)—A discrete location within an MRA that is known to require a munitions response.
3.2.22 petroleum products, n—those substances included within the meaning of the petroleum exclusion to CERCLA 42 USC §
9601(14) as interpreted by the courts and EPA, that is: “petroleum, including crude oil or any fraction thereof which is not
otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of this paragraph, and
the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of
natural gas and such synthetic gas).”
3.2.23 property—the federally-owned land, including buildings, fixtures, and other improvements located on and affixed to the
land subject to evaluation classification under the classification of environmental condition of property area types (see Practice
D6008).
3.2.24 recorded land title records, n—records to be searched during a chain of title search, including records of fee ownership,
leases, land contracts, easements, liens, and other encumbrances on or of the property recorded in the place where land title records
are recorded, by law or custom, for the local jurisdiction in which the property is located (see 40 CFR 312.24(a)).
3.2.25 release, n—as defined in CERCLA §101(22), any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels,
containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or CERCLA hazardous
substance.
3.2.26 remedial actions, n—as defined in CERCLA §101(22), those actions consistent with a permanent remedy taken instead of,
or in addition to, removal of those actions consistent with a permanent remedy taken instead of, or in addition to, removal action
in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release
of hazardous substances so that they do not migrate to cause substantial danger to the present or future public health or welfare
or the environment.
3.2.27 removal, v—the cleanup or removal of released hazardous substances from the environment; such actions as may be
necessary to take in the event of the threat of release of hazardous substances into the environment; such actions as may be
necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances; the disposal of removed
material; or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health
or welfare or to the environment, which may otherwise result from a release or threat of release.
3.2.27.1 Discussion—
The term includes, in addition, without being limited to, security fencing or other measures to limit access, provision of alternative
water supplies, temporary evacuation and housing of threatened individuals not otherwise provided for, action taken under section
104(b) of CERCLA, post-removal site control, where appropriate, and any emergency assistance which may be provided under
the Disaster Relief Act of 1974 (P.L 93-288).
3.2.28 required remedial actions, n—remedial actions determined necessary to comply with the requirements of CERCLA §
120(h)(3)(B)(i).
3.2.28.1 Discussion—
“remedial” means actions consistent with permanent remedy taken instead of, or in addition to, removal actions.
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3.2.29 required response actions, n—removal or remedial actions, or both, determined necessary to comply with the requirements
of CERCLA § 120(h)(3)(B)(i).
3.2.29.1 Discussion—
For federal landholding agencies, these actions may include the imposition and maintenance of land use controls as an enforceable
clause in the FOSL or FOST.
3.2.30 risk-based criteria, n—cleanup levels intended to meet a predetermined level of acceptable risk to human health or the
environment. (see Guide E2081 and Guide E2205).
3.2.31 site inspection (SI), n—a systematic examination of the subject property to determine whether there is a release or potential
release and the nature of the associated threats.
3.2.31.1 Discussion—
the objective of the visual inspection is to perform those parts of Steps 1 and 2 of the ECOP process, as described in Section 11
of Practice D6008, pertaining to visually obtaining information indicating the likelihood of recognized environmental conditions
in connection with the property, so that environmental condition of property area typedeterminations can be made.
3.2.32 small arms ammunition (SAA), n—ammunition, without projectiles that contain explosives other than tracers), that is .50
caliber or smaller, or for shotguns.
3.2.33 unexploded ordnance, n—as defined in 10 USC § 101(e)(5) are military munitions that:
(1) Have been primed, fused, armed, or otherwise prepared for action;
(2) Have been fired, dropped, launched, projected, or placed in such a manner as field data to constitute a hazard to operations,
installations, personnel or material; and
(3) Remain unexploded, determine whether by malfunction, design, or any other cause.
3.3 Definitions of Terms Specific to This Standard:
3.3.1 aerial photographs—photographs taken from an airplane or helicopter (from a low enough altitude to allow the identification
of development and activities) of areas encompassing the property and high resolution satellite and drone imagery.
3.3.1.1 Discussion—
Aerial photographs are commonly available from government agencies or private collections unique to a local area. Satellite
imagery may be available from government and commercial sources.
3.3.2 all remedial action taken, n—for the purposes of this classification, all remedial action, as described in CERCLA §
120(h)(3)(B)(i), has been taken if “the construction and installation of an approved remedial design has been completed, and the
remedy has been demonstrated to the Administrator [of EPA] to be operating properly and successfully.
3.3.2.1 Discussion—
The continuation of long-term pumping and treating, or operation and maintenance, after the remedy has been demonstrated to the
Administrator to be operating properly and successfully does not preclude the transfer of the property” (42 USC§ 9620(h)(3)).
3.3.3 biased field sampling, n—by any technique, field sampling of environmental media, which aids in the delineation of standard
environmental condition of property area types.
3.3.4 BRAC statutes, n—Title II of the Defense Authorization Amendments and Base Closure and Realignment Act of 1988
(Public Law 100-526, 10 USC 2687) and the Defense Base Closure and Realignment Act of 1990 (Part A of Title XXIX of Public
Law 101-510, 10 USC 2687), collectively.
3.3.4.1 Discussion—
The 2005 Round (P.L. 107-107); amended the Defense Base Closure and Realignment Act of 1990 (P.L. 101- 510). No new BRAC
activities have been authorized by Congress since 2016.
3.3.5 carcinogenic, n—a cancer-causing substance.
3.3.6 chain of title review, v—a review of recorded land title records, conducted as part of an ECO.
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3.3.7 chemical-specific, n—associated with the definition of applicable, or relevant and appropriate, requirements (ARARs),
chemical-specific ARARs are those that may define acceptable exposure levels and can therefore be used in establishing primary
remediation goals.
3.3.8 closing military installation, n—Department of Defense installations identified for closure pursuant to BRAC statutes.
3.3.9 disposal, v—the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous substances, or
petroleum products or their derivatives, into or on any land or water so that such hazardous substances, or petroleum products or
their derivatives or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters
including groundwater.
3.3.10 environmental investigation, n—any investigation intended to determine the nature and extent of environmental
contamination or to determine the environmental condition of property at a BRAC DoD installation or other federally-owned
property.
3.3.10.1 Discussion—
Environmental investigations may include, but are not limited to, environmental site assessments,preliminary assessments,site
inspections, remedial investigations, ECOP assessments, RCRA facility assessments, and RCRA facility investigations.
3.3.11 environmental site assessment—the process by which a person or entity seeks to determine whether a particular parcel of
real property (including improvements) is subject to recognized environmental conditions (see Practice E1527 and Practice E2247).
3.3.12 exposure pathway—the route from a contaminant source to a human or any other environmental receptor (see E1689).
3.3.13 interviews—sessions with current or former employees involved in operations on the real property, conducted to ascertain
if release, treatment, or disposal of hazardous substances,petroleum products, or their derivatives has occurred or is occurring on
the real property.
3.3.14 migration—the movement of contaminant(s) away from a source through permeable subsurface media (such as the
movement of a groundwater plume of contamination), or the movement of contaminant(s) by a combination of surficial and
subsurface processes.
3.3.15 MILCON, n—Military construction includes major and minor construction projects funded by Military Construction, Army
(MCA); Military Construction, Army Reserve (MCAR); Military Construction, National Guard (MCNG); Army Family Housing
(AFH); Defense MILCON; and Tenant Service MILCON.
3.3.15.1 Discussion—
Pre-construction site selection. Preparation of environmental documentation and site survey is considered advance planning. The
project proponent at the DoD installation is responsible for funding and executing the environmental survey, unexploded ordnance
survey, and associated documentation of a proposed MILCON construction site before site selection.
3.3.16 obviousness—the condition of being plain or evident. A condition or fact that could not be ignored or overlooked by a
reasonable observer while conducting a records search or while physically or visually observing the property in conjunction with
an ECOP.
3.3.17 practically reviewable—information that is provided by the source in a manner and form that, upon examination, yields
information relevant to the property without the need for extraordinary analysis of irrelevant data.
3.3.17.1 Discussion—
The form of the information shall be such that the user can review the records for a limited geographic area. Records that cannot
be retrieved feasibly by reference to the location of the property or a geographic area in which the property is located are not
generally practically reviewable. Most data bases of public records are practically reviewable if they can be obtained from the
source agency by the county, city, zip code, or other geographic area of the facilities listed in the record system. Records that are
sorted, filed, organized, or maintained by the source agency only chronologically are not generally practically reviewable. This
term has the same meaning as provided in Practice E1527.
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3.3.18 preliminary assessment (PA)—the review of existing information and an off-site reconnaissance, if appropriate, to
determine whether a release or potential release may require additional investigation or action.
3.3.18.1 Discussion—
A preliminary assessment may include an on-site reconnaissance, if appropriate.
3.3.19 reasonably ascertainable—information that is (1) publicly available, (2) obtainable from its source within reasonable time
and cost constraints, and (3) practically reviewable.
3.3.20 recognized environmental conditions, n—the presence of hazardous substances, including military munitions, or petroleum
products in, on, or at the federally-owned property due to a release to the environment; (2) the likely presence of hazardous
substances, including military munitions, or petroleum products in on or at the federally-owned property due to a release or likely
release to the environment or (3) the presence of hazardous substances, including military munitions, or petroleum products in,
on or at the federally-owned property under conditions that pose a material threat of a future release to the environment.De minimis
conditions are not recognized environmental conditions.
3.3.20.1 Discussion—
The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not
intended to include de minimis conditions that generally do not present a material risk of harm to the public health or the
environment and that generally would not be the subject of an enforcement action if these conditions were brought to the attention
of appropriate governmental agencies. This term is introduced in Practice E1527, and is used herein only in conjunction with ECP
Steps 1 and 2 (see 6.2), as an intermediate outcome prior to the Step 3 classification of environmental condition of property area
types. A Phase I Environmental Site Assessment results in recognized environmental conditions, but not environmental condition
of property area types.
3.3.21 records search and/or review, v—detailed search and review of available information and records in the possession of the
DoD components, the federal landholding agency, and records made available by the regulatory agencies or other involved federal
agencies, including, but not limited to, Installation Restoration Program studies and analyses, surveys for radioactive materials,
asbestos, asbestos-containing materials, radon, lead-based paint, electrical devices (that is, transformers) containing PCBs, RCRA
facility assessments and investigations, to determine what, if any, hazardous substances,military munitions, or petroleum products
may be present on the property.
3.3.21.1 Discussion—
For the purposes of adjoining properties, a records search includes the review of all reasonably obtainable federal, state, and local
government records for each adjoining facility where there has been a release or likely release of any hazardous substance or any
petroleum product, and which is likely to cause or contribute to a release or threatened release of any hazardous substance or any
petroleum product on the federal real property.
3.3.22 site property—property within the boundaries of the federally-owned land.
3.3.23 standard environmental condition of property area type—one of the eight environmental condition of property area types
defined in this classification.
3.3.24 standard explosive safety condition of property area type—one of the eight explosive safety conditions of property area
types defined in Section 7 of this classification.
3.3.25 standards-based criteria—cleanup criteria intended to meet the performance standards for the selected remedial
technology.
3.3.25.1 Discussion—
these criteria may be ARARs
3.3.26 storage, v—means the holding of hazardous substances for, a temporary period, at the end of which the hazardous
substance is either used, neutralized, disposed of, or stored elsewhere.
3.3.26.1 Discussion—
Storage of RCRA-regulated waste for a period that exceeds 90-days may require a permit issued by the US EPA or a state with
delegated authority to enforce RCRA regulations.
D5746 − 24
3.3.27 unevaluated—not previously evaluated during any type of environmental investigation.
3.3.27.1 Discussion—
This may also be used to designate areas that are unevaluated regarding CERFA reporting requirements.
3.3.28 visual or physical inspection, or both—actions taken during an ECOP to include observations made by vision while walking
through or otherwise traversing a property and structures located on it and observations made by the sense of smell, particularly
observations of noxious or foul odors.
3.3.28.1 Discussion—
Due to the remoteness of some of the properties covered by this practice, the term visually and/or physically observed also includes
aerial photography, aerial imagery, and/or aerial flyovers. These techniques may be used in conjunction with, or in lieu of, walking
through areas (such as clearings/disturbed soil, mounds, trenches, structures, and so forth) to identify the storage, use or release
hazardous substances,military munitions, or petroleum.
3.4 Acronyms, Abbreviations, Initialisms:
3.4.1 ARARs—applicable, or relevant and appropriate, requirements.
3.4.2 ASTM—American Society for Testing and Materials.
3.4.3 CA—chemical agent
3.4.4 CAIS—chemical agent identification set
3.4.5 CERCLA—Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 USC 9620
et seq.).
3.4.6 CERFA—Community Environmental Response Facilitation Act of 1992 (102 Public Law 426, 106 Statute 2174).
3.4.7 CWM—chemical warfare material
3.4.8 DoD—Department of Defense.
3.4.9 DMM—discarded military munitions
3.4.10 ECOP—Environmental Condition of Property
3.4.11 EPA—United States Environmental Protection Agency.
3.4.12 FOSL—finding of suitability to lease, as described in the applicable DoD policy.
3.4.13 FOST—finding of suitability to transfer, as described in the applicable DoD policy.
3.4.14 FUDS—formerly used defense sites
3.4.15 LUC—land use control
3.4.16 MC—munitions constituents
3.4.17 MEC—munitions and explosives of concern
3.4.18 MILCON—Military Construction
3.4.19 MRA—munitions response area
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3.4.20 MRS—munitions response site
3.4.21 PCBs—polychlorinated biphenyls.
3.4.22 RCRA—Resource Conservation and Recovery Act, as amended, 42 USC 6901 et seq.
3.4.23 USC—United States Code.
3.4.24 UXO—unexploded ordnance
4. Significance and Use
4.1 Uses—This classification is intended for use by federal landholding agencies and DoD components in order to direct ECOP
efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps,explosives safety
condition maps, and ECOP reports used to support CE
...