ASTM D5746-98(2002)

Standard Classification of Environmental Condition of Property Area Types for Defense Base Closure and Realignment Facilities

SIGNIFICANCE AND USE
Uses—This classification is intended for use by DoD components in order to direct EBS efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps and EBS reports used to support CERFA uncontaminated parcel identifications and parcels suitable for transfer by lease or by deed. This classification should be used to facilitate standardized determinations of the environmental condition of a DoD installation’real property. Such environmental condition of property determinations are necessary to assess the progress of ongoing environmental restoration, identify areas where further response may be required, identify areas where further evaluation is necessary, and to support FOSTs and FOSLs. An environmental condition of property map, which should be prepared using this classification, provides a consolidated view of a DoD installation’environmental investigation data, including sampling information.
SCOPE
1.1 Purpose—The purpose of this classification is to define seven standard environmental condition of property area types for Department of Defense (DoD) real property at a closing military installation with respect to the requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 Section 120(h), as amended by the Community Environmental Response Facilitation Act (CERFA) of 1992, and Section 331 of the National Defense Authorization Act for Fiscal Year 1997. As such, this classification is intended to permit a DoD component to classify property into seven area types, in order to facilitate and support findings of suitability to transfer (FOSTs), findings of suitability to lease (FOSLs), and uncontaminated parcel determinations pursuant to the requirements of CERFA. Users of this classification should note that it does not address (except where noted explicitly) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the identification and use of these environmental condition of property area types.
1.1.1 Seven Recognized Standard Environmental Condition of Property Area Types—The goal of this classification is to permit DoD components to classify properties on closing DoD installations in order to support determinations of which properties are suitable and unsuitable for transfer by lease or by deed. The term "standard environmental condition of property area type" refers to one of the seven area types defined in this classification. An identification of an area type on an environmental condition of property map means that a DoD component has conducted sufficient studies to make a determination of the recognized environmental conditions of installation real property or has complied with the identification requirements of uncontaminated property under CERFA, or both, and has categorized the property into one of the following seven area types:
1.1.1.1 Standard Environmental Condition of Property Area Type 1—An area or parcel of real property where no release, or disposal of hazardous substances or petroleum products or their derivatives has occurred (including no migration of these substances from adjacent properties).
1.1.1.2 Standard Environmental Condition of Property Area Type 2—An area or parcel of real property where only the release or disposal of petroleum products or their derivatives has occurred.1.1.1.3 Standard Environmental Condition of Property Area Type 3—An area or parcel of real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, but at concentrations that do not require a removal or remedial action.1.1.1.4 Standard Environmental Condition of Property Area Type 4—An area or parcel of real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, and all remedial actions necessary to protect human health and the environment have...

General Information

• Status: Historical
• Publication Date: 09-Sep-1998
• 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 D5746-98 - Standard Classification of Environmental Condition of Property Area Types for Defense Base Closure and Realignment Facilities
• Effective Date: 10-Sep-1998
• Replaced By: ASTM D5746-98(2010) - Standard Classification of Environmental Condition of Property Area Types for Defense Base Closure and Realignment Facilities
• Effective Date: 01-Apr-2010
• Referred By: ASTM D6008-22 - Standard Practice for Determining the Environmental Condition of Federal Property
• Effective Date: 10-Sep-1998
• Referred By: ASTM D5681-22e1 - Standard Terminology for Waste and Waste Management
• Effective Date: 10-Sep-1998
• Referred By: ASTM D6235-18 - Standard Practice for Expedited Site Characterization of Vadose Zone and Groundwater Contamination at Hazardous Waste Contaminated Sites
• Effective Date: 10-Sep-1998

Standards Content (Sample)

NOTICE: This standard has either been superseded and replaced by a new version or withdrawn.
Contact ASTM International (www.astm.org) for the latest information.
Designation: D5746 – 98 (2002)
Standard Classification of
Environmental Condition of Property Area Types for
Defense Base Closure and Realignment Facilities
This standard is issued under the fixed designation D5746; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision.Anumber in parentheses indicates the year of last reapproval.A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.
1. Scope 1.1.1.1 Standard Environmental Condition of Property Area
Type 1—Anareaorparcelofrealpropertywherenorelease,or
1.1 Purpose—The purpose of this classification is to define
disposalofhazardoussubstancesorpetroleumproductsortheir
seven standard environmental condition of property area types
derivatives has occurred (including no migration of these
for Department of Defense (DoD) real property at a closing
substances from adjacent properties).
military installation with respect to the requirements of the
1.1.1.2 Standard Environmental Condition of Property Area
Comprehensive Environmental Response, Compensation and
Type 2—An area or parcel of real property where only the
Liability Act (CERCLA) of 1980 Section 120(h), as amended
release or disposal of petroleum products or their derivatives
by the Community Environmental Response Facilitation Act
has occurred.
(CERFA) of 1992, and Section 331 of the National Defense
1.1.1.3 Standard Environmental Condition of Property Area
Authorization Act for Fiscal Year 1997. As such, this classifi-
Type 3—An area or parcel of real property where release,
cation is intended to permit a DoD component to classify
disposal, or migration, or some combination thereof, of haz-
propertyintosevenareatypes,inordertofacilitateandsupport
ardous substances has occurred, but at concentrations that do
findings of suitability to transfer (FOSTs), findings of suitabil-
not require a removal or remedial action.
ity to lease (FOSLs), and uncontaminated parcel determina-
1.1.1.4 Standard Environmental Condition of Property Area
tions pursuant to the requirements of CERFA. Users of this
Type 4—An area or parcel of real property where release,
classification should note that it does not address (except
disposal, or migration, or some combination thereof, of haz-
where noted explicitly) requirements for appropriate and
ardous substances has occurred, and all remedial actions
timely regulatory consultation or concurrence, or both, during
necessary to protect human health and the environment have
the identification and use of these environmental condition of
been taken.
property area types.
1.1.1.5 Standard Environmental Condition of Property Area
1.1.1 Seven Recognized Standard Environmental Condition
Type 5—An area or parcel of real property where release,
of Property Area Types—The goal of this classification is to
disposal, or migration, or some combination thereof, of haz-
permit DoD components to classify properties on closing DoD
ardous substances has occurred and removal or remedial
installations in order to support determinations of which
actions, or both, are under way, but all required actions have
propertiesaresuitableandunsuitablefortransferbyleaseorby
not yet been taken.
deed. The term “standard environmental condition of property
1.1.1.6 Standard Environmental Condition of Property Area
area type” refers to one of the seven area types defined in this
Type 6—An area or parcel of real property where release,
classification.An identification of an area type on an environ-
disposal, or migration, or some combination thereof, of haz-
mental condition of property map means that a DoD compo-
ardous substances has occurred, but required response actions
nent has conducted sufficient studies to make a determination
have not yet been initiated.
of the recognized environmental conditions of installation real
1.1.1.7 Standard Environmental Condition of Property Area
property or has complied with the identification requirements
Type 7—An area or parcel of real property that is unevaluated
of uncontaminated property under CERFA, or both, and has
or requires additional evaluation.
categorized the property into one of the following seven area
1.1.2 CERCLA Section 120(h) Requirements—This classi-
types:
fication of environmental condition of property area types is
consistent with CERCLA§ 120(h) requirements relating to the
This classification is under the jurisdiction of ASTM Committee E50 on
transfer of contaminated federal real property (42 USC 9601
Environmental Assessment, Risk Management and Corrective Action and is the
and following).Areas classified asArea Types 1 through 4, as
direct responsibility of Subcommittee E50.02 on Real Estate Assessment and
Management.
defined in this classification, are suitable, with respect to
Current edition approved Sept. 10, 1998. Published December 1998. Originally
CERCLA § 120(h) requirements, for deed transfer to a non-
published as D5746-95. Last previous edition D5746-95. DOI: 10.1520/D5746-
federal recipient.
98R02.
Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States.
D5746 – 98 (2002)
1.1.3 CERFA Requirements—This classification of environ- a Finding of Suitability to Transfer (FOST) for Property
mental condition of property area types can be used in Where Release or Disposal Has Occurred, June 1994
conjunction with the reporting requirements of CERFA, which DoD Policy on the Implementation of the Community
amended CERCLA (Public Law 102-426, 106 Statute 2174). Environmental Response Facilitation Act (CERFA), Sep-
Asdefinedinthisclassification,areasclassifiedasType1areas tember 1993
are eligible for reporting as “uncontaminated property” under DoD Clarification of “Uncontaminated” Environmental
theprovisionsofCERFA.Atinstallationslistedonthenational Condition of Property at Base Realignment and Closure
prioritieslist,EnvironmentalProtectionAgency(EPA)concur- (BRAC) Installations, October 1996
rence must be obtained for a parcel to be considered uncon-
3. Terminology
taminated and therefore transferable under CERCLA §
3.1 This section provides definitions, descriptions of terms,
120(h)(4). EPAhas stated as a matter of policy that there may
and a list of acronyms for many of the words used in this
be instances in which it would be appropriate to concur with
classification. The terms are an integral part of this classifica-
the military service that certain parcels can be identified as
tion and are critical to an understanding of this classification
uncontaminated under CERCLA § 120(h)(4), although some
and its use.
limitedquantityofhazardoussubstancesorpetroleumproducts
3.2 Definitions:
have been stored, released, or disposed of on the parcel. If the
3.2.1 environmental baseline survey (EBS)—a survey of
information available indicates that the storage, release, or
DoD real property based on all existing environmental infor-
disposal was associated with activities that would not be
mation related to the storage, release, treatment, or disposal of
expected to pose a threat to human health or the environment
hazardous substances or petroleum products or derivatives on
(for example, housing areas, petroleum-stained pavement ar-
the property to determine or discover the obviousness of the
eas, and areas having undergone routine application of pesti-
presenceorlikelypresenceofareleaseorthreatenedreleaseof
cides), such parcels should be eligible for expeditious reuse.
any hazardous substance or petroleum product. In certain
1.1.4 Petroleum Products—Petroleum products and their
cases,additionaldata,includingsamplingandanalysis,maybe
derivatives are included within the scope of this classification.
neededintheEBStosupportclassificationofthepropertyinto
Under DoD policy, areas on which petroleum products and
one of the standard environmental condition of property area
their derivatives have been released or disposed of may not be
types. Additionally, an EBS may also satisfy the uncontami-
suitable for deed transfer until a response action has been
nated property identification requirements of CERFA.An EBS
completed.
will consider all sources of available information concerning
1.2 Objectives—The objectives guiding the development of
environmentally significant current and past uses of the real
this classification are as follows: (1) to synthesize and put in
property and shall, at a minimum, consist of the following: (1)
writing a standard classification of environmental condition of
a detailed search and review of available information and
property area types; (2) to facilitate the development of
records in the possession of the DoD components or records
high-quality, standardized environmental condition of property
made available by the regulatory agencies or other involved
maps that can be used to support FOSTs and FOSLs; (3)to
Federalagencies.DoDcomponentsareresponsibleforrequest-
facilitatethedevelopmentofastandardpracticeforconducting
ing and making reasonable inquiry into the existence and
environmental baseline surveys; and (4) to facilitate the devel-
availability of relevant information and records to include any
opment of a standard guide for preparing environmental
additional study information (for example, surveys for radio-
baseline survey reports.
active materials, asbestos, radon, lead-based paint, transform-
2. Referenced Documents ers containing PCB, Resource Conservation and RecoveryAct
Facility Assessments and Investigations (RFA and RFI), and
2.1 ASTM Standards:
underground storage tank cleanup program) to determine the
E1527 Practice for Environmental SiteAssessments: Phase
environmental condition of the property; (2) a review of all
I Environmental Site Assessment Process
reasonably obtainable Federal, state, and local government
E1528 Practice for Limited Environmental Due Diligence:
recordsforeachadjacentfacilitywheretherehasbeenarelease
Transaction Screen Process
or likely release of any hazardous substance or any petroleum
2.2 Department of Defense Policies:
product, and that is likely to cause or contribute to a release or
DoD PolicyontheEnvironmentalReviewProcesstoReach
threatened release of any hazardous substance or any petro-
aFindingofSuitabilitytoLease(FOSL),September1993
leumproductontheDoDrealproperty;(3)ananalysisofaerial
DoD PolicyontheEnvironmentalReviewProcesstoReach
photographs that may reflect prior uses of the property, which
a Finding of Suitability to Transfer (FOST) for Property
are in the possession of the Federal government or are
Where No Release or Disposal Has Occurred, June 1994
reasonably obtainable through state or local government agen-
DoD PolicyontheEnvironmentalReviewProcesstoReach
cies; (4) interviews with current or former employees, or both,
involved in operations on the real property; (5) visual inspec-
tionsoftherealproperty;anybuildings,structures,equipment,
For referenced ASTM standards, visit the ASTM website, www.astm.org, or
contact ASTM Customer Service at [e-mail]. For Annual Book of ASTM
pipe,pipeline,orotherimprovementsontherealproperty;and
Standards volume information, refer to the standard’s Document Summary page on
of properties immediately adjacent to the real property, noting
the ASTM website.
sewerlines,runoffpatterns,evidenceofenvironmentalimpacts
AvailablefromNationalTechnicalInformationSevices,5285PortRoyalRoad,
Springfield, VA 22161. (for example, stained soil, stressed vegetation, and dead or ill
D5746 – 98 (2002)
wildlife), and other observations that indicate the actual or Administrator (of EPA) has taken action pursuant to section
potential release of hazardous substances or petroleum prod- 2606 of Title 15. The term does not include petroleum,
ucts; (6) the identification of sources of contamination on the including crude oil or any fraction thereof which is not
installationandonadjacentpropertiesthatcouldmigratetothe otherwise specifically listed or designated as a hazardous
substance under subparagraphs (A) through (F) of this para-
parcel during Federal government ownership; (7) ongoing
response actions or actions that have been taken at or adjacent graph, and the term does not include natural gas, natural gas
liquids, liquefied natural gas, or synthetic gas usable for fuel
to the parcel; and (8) physical inspection of the property
adjacent to the real property, to the extent permitted by owners (or mixtures of natural gas and such synthetic gas).”
or operators of such property.
3.2.5 petroleum products—thosesubstancesincludedwithin
the meaning of the petroleum exclusion to CERCLA 42 USC
3.2.2 environmental baseline survey (EBS) report—the
§ 9601(14) as interpreted by the courts and EPA, that is:
written record of an EBS that includes the following: (1)an
88petroleum, including crude oil or any fraction thereof which
executivesummarybrieflystatingtheareasofrealproperty(or
isnototherwisespecificallylistedordesignatedasahazardous
parcels) evaluated and the conclusions of the EBS; (2) the
substance under subparagraphs (A) through (F) of this para-
property identification (for example, the address, assessor
graph, and the term does not include natural gas, natural gas
parcel number, or legal description); (3) any relevant informa-
liquids, liquefied natural gas, or synthetic gas usable for fuel
tion obtained from a detailed search of Federal government
(or mixtures of natural gas and such synthetic gas).”
records pertaining to the property, including available maps;
3.2.6 property—the real DoD property subject to classifica-
(4) any relevant information obtained from a review of the
tion under the classification of environmental condition of
recorded chain of title documents regarding the real property.
property area types.
Thereviewshouldaddressthosepriorownershipsandusesthat
could reasonably have contributed to an environmental con- 3.2.7 recorded land title records—records to be searched
cern, and, at a minimum, cover the preceding 60 years; (5)a during a chain of title search, including records of fee owner-
description of past and current activities, including all past ship, leases, land contracts, easements, liens, and other encum-
brances on or of the property recorded in the place where land
DoD uses to the extent such information is reasonably avail-
able, on the property and on adjacent properties; (6) a descrip- title records are recorded, by law or custom, for the local
jurisdiction in which the property is located. (Such records are
tion of hazardous substances or petroleum products manage-
ment practices (to include storage, release, treatment, or commonly kept by a municipal or county recorder or clerk.)
Suchrecordsmaybeobtainedfromtitlecompa
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