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Standard Practice for Determining the Environmental Condition of Federal Property
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STANDARD published on 1.9.2022
Designation standards: ASTM D6008-22
Note: WITHDRAWN
Publication date standards: 1.9.2022
SKU: NS-1096725
The number of pages: 58
Approximate weight : 174 g (0.38 lbs)
Country: American technical standard
Category: Technical standards ASTM
Keywords:
disposal of federal property, emerging chemicals of environmental concern, environment, environmental assessment, environmental baseline, environmental condition, environmental condition of property, munitions, orphaned wells, restoration, site assessment, site characterization, site remediation,, ICS Number Code 13.020.40 (Pollution, pollution control and conservation)
Significance and Use | ||||||||||||||||||||||
4.1?UsesThis practice is intended for use by federal agencies, and environmental professionals in order to facilitate 4.1.1?The ECP reports prepared in accordance with this practice may be used to achieve compliance with the federal Management Regulations, Real Property Disposal rules codified in 41 CFR ?102-75. 4.2?Clarifications on Use:? 4.2.1?Use Not Limited to CERCLAThis practice is designed to assist the 4.2.2?Residential Tenants/Purchasers and OthersNo implication is intended that it is currently customary practice for residential tenants of multifamily residential buildings, tenants of single-family homes or other residential real estate, or purchasers of dwellings for one's own residential use, to conduct an 4.2.3?Site-SpecificThis practice is site-specific in that it relates to assessment of environmental conditions of federal real property. Consequently, this practice does not address many additional issues raised in transactions such as purchases of business entities; or interests therein, or of their assets, that may well involve environmental liabilities pertaining to 4.3?Related PracticesSee Practices E1527 and E2247. 4.4?PrinciplesThe following principles are an integral part of this practice and all related practices and are intended to be referred to in resolving any ambiguity or exercising such discretion as is accorded the user or environmental professional in performing an 4.4.1?Uncertainty Not EliminatedNo ECP can wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a property. Performance of this practice is intended to reduce uncertainty regarding the potential for 4.4.2?Level of Inquiry is VariableNot every federal property will warrant the same level of 4.4.3?Comparison with Subsequent InquiryIt should not be concluded or assumed that an inquiry was not an appropriate inquiry merely because the inquiry did not identify 4.5?Continued Viability of Environmental Baseline SurveyAn ECP meeting or exceeding this practice and completed less than 180 days prior to the date of a subsequent use is presumed to be valid for that use. An ECP not meeting or exceeding this practice or completed more than 180 days previously may be used to the extent allowed by 4.6 4.6.5. 4.6?Prior ECP UsageThis practice recognizes that ECPs performed in accordance with this practice or otherwise containing information which was reasonably accurate at the time prepared will include information that subsequent 4.6.1?Use of Prior InformationSubject to 4.6.4, users and environmental professionals may use information in prior ECPs provided such information was generated as a result of procedures that meet or exceed the requirements of this practice or accurately state the limitations of the information presented. When using information from an Note 3:?Earlier versions of this practice required the review and analysis of a significantly smaller set of records. 4.6.2?Prior ECP Meets or ExceedsSubject to 4.6.4, a prior ECP may be used in its entirety, without regard to the specific procedures set forth in these practices if, in the reasonable judgment of the user, the prior ECP meets or exceeds the requirements of this practice and the conditions at the property likely to affect environmental condition of property area types in connection with the property are not likely to have changed materially since the prior ECP was conducted. In making this judgment, the 4.6.3?Current InvestigationExcept as specifically provided in 4.6.2, prior ECPs should not be used without current investigation of conditions likely to affect the environmental condition of 4.6.4?Actual Knowledge ExceptionIf the user or environmental professional(s) conducting an 4.6.5?Contractual Issues Regarding Prior ECP UsageThe contractual and legal obligations between prior and subsequent 1.1?PurposeThe 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 1.1.1?Environmental Condition of PropertyIn accordance with the federal landholding agency policies and General Services Administrations (GSA) federal real property management regulations, an 1.1.1.1?DiscussionPrior 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 1.1.2?CERCLA Section 120(h) RequirementsThis practice is intended to assist with the identification of federal real property and DoD installation areas subject to the notification and covenant requirements of CERCLA ? 120(h) relating to the deed transfer of contaminated federal real 1.1.3?CERFA RequirementsThis practice provides information to partially fulfill the identification requirements of CERFA [Pub. L. 102-426, 106 Stat. 2174], which amended CERCLA. Property classified as area Type 1, in accordance with Classification D5746 is eligible for reporting as uncontaminated under the provisions of CERFA and the Federal Management Regulations, Real Property Disposal rules codified in 41 CFR 102-75. Additionally, certain property classified as area Type 2, where evidence indicates that storage occurred for less than one year, may also be identified as uncontaminated. At installations and federal Note 1:?Confirmed releases of emerging chemicals of environmental concern may require additional consideration (see 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). 1.1.4?Petroleum ProductsPetroleum products and their derivatives are included within the scope of this practice. Areas on which petroleum products or their derivatives were stored for one year or more, known to have been released or disposed of [CERCLA? 120(h)(4)] are not eligible to be reported as uncontaminated property under CERFA. 1.1.5?Other Federal, State, and Local Environmental LawsThis practice does not address requirements of any federal, state, or local laws other than the applicable provisions of CERCLA identified in 1.1.2 and 1.1.3. These applicable or relevant and appropriate requirements (ARARs) may have a bearing upon the ultimate disposition of the federal property. Users are cautioned that federal, state, and local laws may impose additional ECP or other environmental assessment obligations that are beyond the scope of this practice. 1.1.6?Other Federal, State, and Local Real Property and Natural and Cultural Resources LawsThis practice does not address requirements of any federal, state or local real property or natural and cultural resources laws. Note 2:?The General Services Administrations Excess Real Property Due Diligence Checklist for Federal Landholding Agency Customers, November 2017, provides additional detail on federal 1.1.7?Non-Federal PropertyThis standard may also be used by state and local agencies to assess the environmental condition of non-federal property. 1.2?ObjectivesObjectives guiding the development of this practice are (1) to synthesize and put in writing a 1.3?LimitationsUsers of this practice should note that, while many of the elements of an ECP are performed in a manner consistent with other 1.4?Organization of This PracticeThis practice has 15 sections. Section 1 is the scope. Section 2 identifies referenced documents. Section 3, Terminology, includes definitions of terms not unique to this practice, descriptions of terms unique to this practice, and acronyms and abbreviations. Section 4 is the 1.5?This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety, health, and environmental practices and determine the applicability of regulatory limitations prior to use. 1.6?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. |
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