Standard Practice for Determining the Environmental Condition of Federal Property

Importancia y uso:

4.1 Uses—This practice is intended for use by federal agencies, and environmental professionals in order to facilitate ECP efforts. It is also intended for use by preparers and reviewers of environmental condition of property maps and ECP reports used to support CERFA uncontaminated property identifications and property suitable for transfer by lease or by deed. GSA regulations addressing the disposal of federal property (41 CFR §105-72), require the landholding agency to assert either that (a) there is no evidence of hazardous substance activity, or (b) there is evidence of hazardous substance activity that occurred on the property. If there is evidence that hazardous substance activity occurred on the property, the landholding agency has a “due diligence” obligation to provide detailed, accurate information on all “reportable quantities” of hazardous substances stored, released, or disposed of on property that it reports to GSA for disposal. The specific substances that must be reported under CERCLA and their reporting limits are described in 40 CFR §302.4 and 40 CFR §373. If the landholding agency discloses that hazardous substance activity took place on the property, then the landholding agency must assert whether or not all required remedial action necessary to protect human health and the environment has been taken with respect to those hazardous substances.

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 CERCLA—This practice is designed to assist the user in developing information about the environmental condition of a property and as such has utility for a wide range of persons, including those who may have no actual or potential CERCLA liability (see 40 CFR §373, 41 CFR §102-75 and Section 208 of the Federal Land Policy and Management Act, Public Law 94-579).

4.2.2 Residential Tenants/Purchasers and Others—No 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 ECP in connection with these transactions. Thus, these transactions are not included in the term commercial real estate transactions. Thus, although such property may be included within the scope of an ECP, their occupants shall not be treated as key site personnel with regard to the housing occupied for the purpose of conducting an ECP.

4.2.3 Site-Specific—This 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 properties previously owned or operated or other off-site environmental liabilities.

4.3 Related Practices—See Practices E1527 and E2247.

4.4 Principles—The 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 ECP or in judging whether a user or environmental professional has conducted appropriate inquiry or has otherwise conducted an adequate ECP.

4.4.1 Uncertainty Not Eliminated—No 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 recognized environmental conditions in connection with a property to the minimum practicable level, but not eliminate such uncertainty altogether, as well as to recognize reasonable limits of time and cost for property information.

4.4.2 Level of Inquiry is Variable—Not every federal property will warrant the same level of ECP effort. Consistent with good practice, the appropriate level of ECP will be guided by the type of property subject to ECP and the information developed in its conduct.

4.4.3 Comparison with Subsequent Inquiry—It should not be concluded or assumed that an inquiry was not an appropriate inquiry merely because the inquiry did not identify recognized environmental conditions in connection with a property. The ECPs must be evaluated based on the reasonableness of judgments made at the time and under the circumstances in which they were made. Subsequent ECPs should not be considered valid standards to judge the appropriateness of any prior ECP based on hindsight, new information, use of developing technology or analytical techniques, or other factors.

4.5 Continued Viability of Environmental Baseline Survey—An 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 Usage—This 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 users may want to use to avoid undertaking duplicative ECP procedures. Therefore, this practice describes procedures to be followed to assist users in determining the appropriateness of using information in ECPs performed previously. The system of prior ECP usage is based on the following principles that should be adhered to in addition to the specific procedures set forth elsewhere in this practice:

4.6.1 Use of Prior Information—Subject 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 ECP which, as a whole, fails to meet or exceed the requirements of this practice, the use shall be limited to those portions of the ECP which, based upon the limitations and methodology of the ECP report, the environmental professional finds to be reasonably accurate.

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 Exceeds—Subject 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 user should consider the type of property subject to the ECP and the conditions in the area surrounding the property.

4.6.3 Current Investigation—Except 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 property in connection with the property that may have changed materially since the prior ECP was conducted. For an ECP to be consistent with this practice, a new visual inspection, interviews, an update of the records review, and other appropriate activities may have to be performed.

4.6.4 Actual Knowledge Exception—If the user or environmental professional(s) conducting an ECP has actual knowledge that the information being used from a prior ECP is not accurate or if it is obvious, based on other information obtained by means of the ECP or known to the person conducting the ECP, that the information being used is not accurate, such information from a prior ECP may not be used.

4.6.5 Contractual Issues Regarding Prior ECP Usage—The contractual and legal obligations between prior and subsequent users of ECPs or between environmental professionals who conducted prior ECPs and those who would like to use such prior ECPs are beyond the scope of this practice.

Subcomité:

E50.02

Referida por:

D5681-23, E2091-24, D5746-24, E2091-24, D6235-18, E3358-23A

Volúmen:

11.05

Número ICS:

13.020.40 (Pollution, pollution control and conservation)

Palabras clave:

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;