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 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.
