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:

1.1.2 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.