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.

1.1.2 CERCLA Section 120(h) Requirements—This 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 property (42 USC 9601 et seq.), (see Appendix X2). Examples of other federal landholding agencies that must comply with CERCLA §120(h) requirements include the Bureau of Land Management, the Federal Aviation Administration, and U.S. Forest Service.

1.1.3 CERFA Requirements—This 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 property listed on the National Priorities List, Environmental Protection Agency (EPA) concurrence must be obtained for the property to be considered “uncontaminated” and therefore transferable under CERCLA § 120(h)(4). The EPA has stated that there may be instances in which it would be appropriate to concur with the federal landholding agency that certain property 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 property (see EPA Office of Enforcement and Compliance Assurance, May 2019). 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 property should be eligible for expeditious reuse.

1.1.4 Petroleum Products—Petroleum 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 Laws—This 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. Users should also be aware that there are likely to be other legal obligations with regard to hazardous substances or petroleum products discovered on property that are not addressed in this practice and that may pose risks of civil or criminal sanctions, or both, for noncompliance.

1.1.6 Other Federal, State, and Local Real Property and Natural and Cultural Resources Laws—This practice does not address requirements of any federal, state or local real property or natural and cultural resources laws. Users are cautioned that numerous federal, state, and local laws may impose additional environmental and other legal requirements that must be satisfied prior to deed transfer of property that are beyond the scope of this practice.

1.1.7 Non-Federal Property—This standard may also be used by tribal, state and local agencies to assess the environmental condition of non-federal property.