Office of Procurement, Grants, and Administrative Services
Construction Staff

August 31, 1995

REAL PROPERTY TRANSFERS - ENVIRONMENTAL ASSESSMENTS

This document provides guidance on environmental assessments for real property transfers. These assessments are required by section 120 (h) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 USC 9620 (h)) for property transferred by the Federal agencies.

SALE OR TRANSFER OF REAL PROPERTY - CONTRACT NOTICE

Whenever a Federal agency enters into a contract for sale or other transfer of real property, the agency must include a contract notice about any hazardous substances on site which includes the information to answer the following questions (see 42 USC 9620 (h)(1)):

1. What type of hazardous substance was on the site?

2. How much (quantity) hazardous substance was on the site?

3. Was it stored on the site?

4. Was it released on the site?

5. Was disposed of on the site?

6. When was the hazardous substance on the site?

It is suggested that summary tables be used to present the information, such as the example in Appendix 1.

INTENT TO TERMINATE OPERATIONS - IDENTIFY UNCONTAMINATED PROPERTY

Whenever a Federal agency has jurisdiction over a site and intends to terminate operations at the site, the agency must identify the portions of the real property that uncontaminated by hazardous substances or petroleum products or petroleum derivatives (includes motor oil and aviation fuel). The identification must consist of an investigation and review of the following sources about its current and past uses of the property (see 42 USC 9620 (h)(4)(A)):

1. Detailed search of government records;

2. Recorded chain of title documents;

3. Past aerial photographs;

4. A visual inspection including adjoining property;

5. A physical inspection of adjoining property;

6. Federal, State, and local records about the release or threat of release of any hazardous substance or petroleum product or derivative (includes motor oil and aviation fuel);

7. Interviews with current or former employees involved in operations on the property;

8. If appropriate, identification sampling.

Further -

1. The results are to be submitted immediately to: (a) U.S. Environmental Protection Agency, (b) State officials, (c) Local officials, and (d) made available to the public.

2. If the facility is listed on the National Priorities List, there must be a concurrence of the results from the U.S. Environmental Protection Agency;

3. If the facility is not listed on the National Priorities List, the State is given a 90 day opportunity to concur or decline to concur.

APPENDIX 1 (Example)
HAZARDOUS COMMODITIES

TABLE 1: Hazardous Commodities that are Hazardous Substances
("Hazardous Substances" as defined and listed at 40 CFR 302.4 dated mm, dd, 199x)

ITEM NAME	QUANTITY	STORED?	RELEASED?	DISPOSED OF?	WHEN?	SOURCE OF INFORMATION	COMMENTS

TABLE 2: Other Hazardous Commodities

ITEM NAME	QUANTITY	STORED?	RELEASED?	DISPOSED OF?	WHEN?	SOURCE OF INFORMATION	COMMENTS