Environmental Requirements for Federal Agency-to-Agency Property Transfer

MAY 26 1995

MEMORANDUM FOR THE CHIEF OF NAVAL OPERATIONS (N4)
COMMANDANT OF THE MARINE CORPS (L)

Subj: DON ENVIRONMENTAL POLICY MEMORANDUM 95-01: ENVIRONMENTAL REQUIREMENTS FOR FEDERAL AGENCY-TO-AGENCY PROPERTY TRANSFER AT BRAC INSTALLATIONS

Ref: (a) DUSD(ES) memo of 1 June 94, "finding of suitability to transfer for brac property"

(b) DON Environmental Policy Memorandum 93-03 of 15 September 93, "procedures for identification of uncontaminated property and cleanup of contaminated property at closing installations"

Encl: (1) Excerpt: Section III from reference (a)

Background. References (a) and (b) provide guidance on the environmental review required prior to transfer by deed of Base Realignment and Closure (BRAC) properties. This policy memorandum clarifies the environmental requirements which must be met for the transfer of Navy/Marine Corps BRAC property to another federal agency.

Requirements. An Environmental Baseline Survey (EBS) shall be performed in accordance with Section III.B.1-B.3 of reference (a), (see enclosure (1)). The prospective federal agency transferee shall be provided with the notice described in 42 U.S.C. Section 9620(h)(1) [CERCLA Section 120(h)(1)]. The notice will consist of the required summary document and copies of the source documents discussed therein.

Approval. The summary document shall be forwarded to ASN(I&E) as part of the package requesting approval for property transfer. The summary document shall be signed by the person authorized in reference (b) to approve Findings of Suitability to Transfer/Findings of Suitability to Lease (FOST/FOSL) and must include:

1. A brief statement identifying past and current DoD and non-DoD uses of the property, and the proposed use by the Federal agency receiving the property.

2. A statement that an EBS has been performed, the findings of the EBS as to whether any hazardous substances or petroleum products were stored for one year or more, released, treated, or disposed of on the property, and any other significant information in the EBS.

3. Recommended restrictions on use of the property, if any, required to protect human health and the environment, or the environmental restoration process. For remediated parcels, such restrictions would include those documented in the remedial Record of Decision (ROD) or equivalent decision documents.

4. A summary of the requirements of any Federal Facility Agreement (FFA), Federal Facility Site Remediation Agreement (FFSRA), or other enforcement agreement or order relating to the property.

5. A statement of which agency is responsible for any existing or future environmental restoration of the property and whether any other commitments or guarantees, have been provided regarding responsibility for any future cleanup liability.

6. A statement of finding that the property is environmentally suitable for transfer to another Federal agency because:

   1. No hazardous substances or petroleum products were stored on the property for one year or more, known to have been released, treated, or disposed of;

   2. Although storage for one year or more, release, treatment, or disposal occurred, the property is not contaminated because either storage occurred without a release, a release occurred but no response action is required, or a response action has been completed; or

   3. The property contains some level of contamination by hazardous substances or petroleum products, but the property can be transferred for the proposed use, with the specified use restrictions, with acceptable risk to human health and the environment and without interference with the environmental restoration process.

Distribution. Please ensure the distribution of this policy to all subordinate commands. The points of contact for this policy in the OASN(I&E) are Mr. Paul Yaroschak, (703)614-1282, for environmental matters, and Ms. Michele Greco, (703)695-2153, for real estate matters.

(original signed)

ROBERT B. PIRIE, JR.

Excerpt from DSD memo of I Jun 94, "finding of suitability to transfer for brac property", Section III.B.1-B.3.

III. POLICY.

B. Investigation.

1. Environmental Baseline Survey (EBS). An EBS will be prepared encompassing any property to be transferred. The EBS will be based on all existing environmental information related to storage, release, treatment or disposal of hazardous substances 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 EBS to support the FOST determination.

   A previously conducted EBS may be updated as necessary and used for making a FOST determination, where appropriate. An EBS also may satisfy other environmental requirements (e.g., to reach a Finding of Suitability to Lease (FOSL) or satisfy the requirements of the Community Environmental Response Facilitation Act (CERFA)).

2. Procedures for Conducting an EBS. The EBS will consider all sources of available information concerning all environmentally significant current and past uses of the real property and shall, at a minimum, consist of the following:

   1. Detailed search and review of available information and records in the possession of the DoD Components or records made available by the regulatory agencies or other involved Federal agencies. DoD Components are responsible for requesting and making reasonable inquiry into the existence and availability of relevant information and records to include any additional study information (e.g., surveys for radioactive materials, asbestos, radon, lead-based paint, transformers containing PCB, Resource Conservation and Recovery Act Facility Assessments and Investigations (RFA and RFI), Underground Storage Tank Cleanup Program) to determine the environmental condition of the property.

      ENCLOSURE (1)

   2. Review of all reasonably obtainable Federal, State, and local government records for each adjacent facility where there has been a release of any hazardous substance or any petroleum product, and which is likely to cause or contribute to a release or threatened release of any hazardous substance or any petroleum product on the real property.

   3. Analysis of aerial photographs which are in the possession of the Federal Government or are reasonably obtainable through state or local government agencies that may reflect prior use of the real property.

   4. Interviews with current and/or former employees involved in operations on the real property.

   5. Visual inspections of the real property; any buildings, structures, equipment, pipe, pipeline, or other improvements on the real property; and of properties immediately adjacent to the real property, noting sewer lines, runoff patterns, evidence of environmental impacts (e.g., stained soil, stressed vegetation, dead or ill wildlife) and other observations which indicated actual or potential release of hazardous substances or petroleum products.

   6. Identification of sources of contamination on the installation and on adjacent properties which could migrate to the real property.

   7. Ongoing response actions and actions that have been taken at, or adjacent to, the real property.

   8. A physical inspection of property adjacent to the real property, as appropriate, and to the extent permitted by owners or operators of such property.

   
   

   NOTE: For the purposes of paragraphs b, e, f, g, & h above, "adjacent properties" are defined as either those properties contiguous to the boundaries of the property being surveyed or other nearby properties. In either case, the survey should be addressed to those portions of the priorities relatively near the installations that could pose significant environmental concern and/or have a significant impact on the results of the EBS.

3. Documentation of an EBS. At the completion of the EBS, a report will be prepared which will include the following:

   1. An Executive Summary briefly stating the areas of real property (or parcels) evaluated and the conclusions of the survey.

   2. The property identification (e.g., address, assessor parcel number, legal description).

   3. Any relevant information obtained from a detailed search of Federal Government records pertaining to the property, including available maps.

   4. Any relevant information obtained from a review of the recorded chain of title documents regarding the real property. The review should address those prior ownerships/uses that could reasonably have contributed to an environmental concern, and, at a minimum, cover the preceding 60 years.

   5. A description of past and current activities, including all past and current DoD and non-DoD uses to the extent such information is reasonably available, on the property and on adjacent properties.

   6. A description of hazardous substances and petroleum products management practices (to include storage, release, treatment or disposal) at the property and at adjacent properties, to the extent such information is reasonably available.

   7. Any relevant information obtained from records reviews and visual and physical inspections of adjacent properties.

   8. Description of ongoing response actions or actions that have been taken at or adjacent to the property.

   9. Reference to key documents examined (e.g., aerial photographs, spill incident reports, investigation results). (The documents will be made available by DoD upon request.)