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D5746-24 – Standard Test Method Technical Guide
ASTM D5746−24 provides a standardized classification system for federally-owned real property undergoing sale, lease, or transfer. Developed to satisfy the disclosure requirements of Section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended by the Community Environmental Response Facilitation Act (CERFA) and the National Defense Authorization Act for Fiscal Year 1997, this standard defines eight distinct environmental condition of property area types. Critically, it addresses a historical regulatory gap by explicitly incorporating explosive safety classifications for areas containing unexploded ordnance (UXO), discarded military munitions (DMM), or commercial explosives.
📋 Purpose and Regulatory Framework
The primary purpose of D5746-24 is to permit a federal landholding agency to classify property into eight standard area types. This classification facilitates and supports Findings of Suitability to Transfer (FOSTs), Findings of Suitability to Lease (FOSLs), and uncontaminated parcel determinations. Users of this classification should note that it does not address requirements for appropriate and timely regulatory consultation or concurrence during the identification and use of these area types.
⚠️ Important Distinction: The disclosure and classification process developed in the 1990s did not adequately address situations where DoD military munitions or commercial explosives remained on the property. D5746-24 augments the requirements of 40 CFR 373 with explosive safety classifications to correct this deficiency, ensuring that transferring agencies can fully disclose the environmental condition of the property.
🟦 The Eight Standard Environmental Condition of Property Area Types
An identification of an area type on an environmental condition of property map means that a federal landholding agency has conducted sufficient studies to make a determination of the recognized environmental conditions. The following table summarizes the structure of the eight area types defined in the standard.
| 🟦 Area Type | 📏 Standard Definition |
|---|---|
| Type 1 | An area or parcel of real property where no release, or disposal of hazardous substances or petroleum products or their derivatives has occurred (including no migration of these substances from adjoining properties). |
| Types 2–4 | Areas where a release or disposal of hazardous substances or petroleum products has occurred, requiring specific documentation and response actions under the traditional CERCLA framework. |
| Types 5–8 | Areas specifically addressing the presence or potential presence of DoD military munitions (UXO, DMM) or commercial explosives. These categories augment the existing environmental condition classifications with standardized explosive safety classifications. |
📌 Key Application for Explosives Safety: The classification of a property as Type 5 through 8 signifies that the landholding agency has complied with the identification requirements regarding explosive hazards. This is particularly critical for Formerly Used Defense Sites (FUDS) and other properties under DoD jurisdiction being transferred to another federal landholding agency, state agency, or non-governmental organization.
⚙️ Explosives Safety Classification Augmentation
A distinctive feature of this standard is its integration of explosive safety. Recognizing that traditional CERCLA classifications did not adequately handle unexploded ordnance (UXO) or discarded military munitions (DMM), D5746-24 extends the classification system to cover these scenarios. The standard explicitly notes that this addresses rare situations where property under DoD jurisdiction at which military munitions may remain present on the surface or in the subsurface is transferred. Furthermore, it addresses situations in which commercial explosives (for example, dynamite, fireworks) may have been abandoned or stored pending final disposition on other Federally-owned property.
❓ Frequently Asked Questions
🔍 What is the primary purpose of ASTM D5746-24?
Its purpose is to define eight standard environmental condition of property area types for federally-owned real property, to facilitate compliance with CERCLA Section 120(h) disclosure requirements and to address explosive safety scenarios not adequately covered in the original 1990s framework.
💡 How does D5746-24 address the presence of military munitions?
It augments traditional environmental classifications with specific explosive safety categories (Types 5-8) for areas where unexploded ordnance (UXO), discarded military munitions (DMM), or commercial explosives are present, stored, or have been disposed of.
⚡ What specific regulatory findings does this standard support?
It supports Findings of Suitability to Transfer (FOSTs), Findings of Suitability to Lease (FOSLs), and uncontaminated parcel determinations required by CERFA and the National Defense Authorization Act for Fiscal Year 1997.
📌 What constitutes a Standard Environmental Condition of Property Area Type 1?
Type 1 is an area where no release, disposal, or migration of hazardous substances or petroleum products or their derivatives has occurred, representing the baseline clean condition for classification.