1.1 Purpose-The purpose of this practice is to define good commercial and customary practice in the United States for assessing the environmental condition of property (ECP) of federal real property. This practice applies to property under consideration for lease, excess and surplus property at closing and realigning military installations, claims reverting to federal ownership such as abandoned mines, and other federally-owned property. The steps in this practice are conducted to fulfill certain requirements of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) section 120(h), as amended by the Community Environmental Response Facilitation Act of 1992 (CERFA) and the federal real property disposal regulations codified in 41 CFR Subpart C (41 CFR 102-75). As such, this practice is intended to help a user to gather and analyze data and information in order to classify property into the applicable environmental condition of property area types (in accordance with the ASTM D5746, Standard Classification of Environmental Condition of Property Area Types, (see Appendix X1). Once documented, the ECP report is used to support Findings of Suitability to Transfer (FOSTs), Findings of Suitability to Lease (FOSLs), or uncontaminated property determinations, or a combination thereof, pursuant to the requirements of CERFA and CERCLA § 120(h). Users of this practice should note that it does not address (except where explicitly noted) requirements for appropriate and timely regulatory consultation or concurrence, or both, during the conduct of the ECP or during the identification and use of the standard environmental condition of property area types.
1.1.1 Environmental Condition of Property-In accordance with the federal landholding agency policies and General Services Administration”s (GSA) federal real property management regulations, an ECP will be prepared or evaluated for its usefulness (and updated if necessary) for any federally-owned property to be transferred by deed or leased. The ECP will be based on existing environmental information related to storage, release, treatment, or disposal of hazardous substances, munitions, or petroleum products on the property to determine or discover the obviousness of the presence or likely presence of a release or threatened release of any hazardous substance or petroleum product. In certain cases, additional data, including sampling, if appropriate under the circumstances, may be needed in the ECP to support the FOST or FOSL. A previously conducted ECP may be updated as necessary and used for making a FOST or FOSL. An ECP also may help to satisfy other environmental requirements (for example, to satisfy the requirements of CERFA or to facilitate the preparation of environmental condition reports). In addition, the ECP provides a useful reference document and assists in compliance with hazard abatement policies related to asbestos and lead-based paint. The ECP process consists of discrete steps. This practice principally addresses ECP-related information gathering and analysis.
1.1.1.1 Discussion-Prior versions of this practice referred to environmental baseline surveys (EBS). The 2018 Department of Defense 4165.66M Base Redevelopment and Realignment Manual changed the focus to ECP. Appendix 3 of DODM 4165.66M provides direction on the preparation of FOST and FOSL documentation. Section C2.4.2.3 of DODM 4165.66M provides direction for Department of Defense property proposed for disposal and redevelopment.
Product Details
- Published:
- 09/01/2022
- Number of Pages:
- 58
- File Size:
- 1 file , 1.4 MB
- Redline File Size:
- 2 files , 3 MB
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