EBS Brochure 2.FH8
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substances. In order to reduce liability for such situations, Air Force Instruction (AFI) 32-7066 Environmental Baseline Surveys in Real Estate Transactions implements this law by prescribing methods and requirements for preparation of EBS reports for Air Force real property transactions. WHEN IS AN EBS NEEDED? Requirements outlined in the AFI must be met for real property transactions involving: acquisition, in-grant, out-grant, and disposal. The preparation of an EBS report may be waived under certain types of transactions, but the records search, site inspection, and personnel interviews must still be conducted and documented in order to determine waiver eligibility. Determining the appropriate level of EBS analysis is important to ensure that Air Force real property transactions are in full compliance with local, state, federal, and Air Force regulations. Additionally, real property transactions must be analyzed under the National Environmental Policy Act (NEPA). The Air Force Environmental Impact Analysis Process, or EIAP, is often conducted in conjunction with an EBS study, as shown below: HOW DO I PREPARE AN EBS? In preparing an EBS, follow the format in AFI 32-7066! The first step is to conduct a thorough review of all relevant and available environmental documentation. This can include Air Force records as well as federal, state, and local agency records. Following the records search, a visual site inspection is conducted. The purpose of the site inspection is to confirm what WHY DO AN EBS? An EBS protects your installation and the Air Force from future adverse actions related to real property environmental contamination. It considers both past and present activities on the property. It identifies potential liabilities associated with environmental An environmental baseline survey, or EBS, is a report that documents the current extent, if any, of environmental contamination of real property. An EBS includes the identification and analysis of all available and relevant records, a visual site inspection of the subject property and associated structures, a recorded chain-of-title documentation review, and interviews with Air Force and non-Air Force personnel associated with the subject property (past and present) and adjacent properties. EBSs are necessary for most Air Force real estate transactions contamination of the site prior to a real property transaction. Section 107(a)(1) of CERCLA defines potential owner liability for site contamination. In general, any property owner can become liable for on-site or off- site contamination, even where such owner has had no participation in the handling of hazardous The end result is an EBS that includes: • documentation of current and historic environmental contamination, • assessment of health and safety risks, • identification of liabilities, • determination of possible effects on property values, and • demonstration of compliance wth CERCLA Sections 120(h)(1-4). RECOMMENDATIONS OF AN EBS: Once the subject property has been fully evaluated, it is assigned a “property category” that leads to a recommendation on whether or not to proceed with the proposed transaction. The majority of real property transactions may proceed without special conditions if contamination is nonexistent, presently below established regulatory thresholds, or has been fully remediated under appropriate regulatory guidelines. If contamination exists which has not been fully remediated, or additional investigation is required to characterize potential contamination issues, then proposed real property transactions may have to be cancelled, deferred, or modified. has been recorded in the documentation, as well as to note any undocumented contamination issues. Finally, a reasonable attempt should be made to interview available current and former personnel involved in operations on the subject property. IS AN EBS WHAT EBSs describe current and past activities on Air Force property... ...and on non-Air Force property prior to a real estate transaction Note: For determination of appropriate level of EIAP, see AFI 32-7061 the Environmental Impact Analysis Process. INITIAL OUT-GRANT EBS OR WAIVER CATEX OR EA IN-GRANT RENEWAL NOT REQUIRED CATEX OR EA OUT-GRANT EBS OR WAIVER CATEX OR EA ACQUISITION EBS EA OR EIS DISPOSAL/ EXCESSING EBS EA OR EIS RENEWAL EIAP EBS TRANSACTION PROPERTY CATEGORIZATIONS PHASE I EBS INITIAL RECORDS REVIEW SITE INSPECTION INTERVIEWS PROPOSED NEPA DECISION DOCUMENT TEMPORARY INTEREST OR FINALIZED REMEDIATION PHASE II EBS REMEDIATION NOT YET FINALIZED SITE IS CLEAN OR REMEDIATION COMPLETE WAIVER PROCEED WITH REAL ESTATE TRANSACTION REQUIRES FURTHER EVALUATION
Transcript of EBS Brochure 2.FH8
substances. In order to reduce liability for such situations, Air ForceInstruction (AFI) 32-7066 Environmental Baseline Surveys in RealEstate Transactions implements this law by prescribing methods andrequirements for preparation of EBS reports for Air Force realproperty transactions.
WHEN IS AN EBS NEEDED? Requirements outlined in theAFI must be met for real property transactions involving: acquisition,in-grant, out-grant, and disposal. The preparation of an EBS report maybe waived under certain types of transactions, but the records search,site inspection, and personnel interviews must still be conducted anddocumented in order to determine waiver eligibility. Determining theappropriate level of EBS analysis is important to ensure that Air Forcereal property transactions are in full compliance with local, state,federal, and Air Force regulations. Additionally, real propertytransactions must be analyzed under the National EnvironmentalPolicy Act (NEPA). The Air Force Environmental Impact AnalysisProcess, or EIAP, is often conducted in conjunction with an EBS study,as shown below:
HOW DO I PREPARE AN EBS? In preparing an EBS, followthe format in AFI 32-7066! The first step is to conduct a thoroughreview of all relevant and available environmental documentation.This can include Air Force records as well as federal, state, and localagency records. Following the records search, a visual site inspectionis conducted. The purpose of the site inspection is to confirm what
WHY DO AN EBS?An EBS protects yourinstallation and the Air Forcefrom future adverse actionsrelated to real propertyenvironmental contamination.It considers both past andpresent activities on theproperty. It identifiespotential liabilities associatedwith environmental
An environmentalbaseline survey,
or EBS, is a report that documentsthe current extent, if any, ofenvironmental contamination of realproperty. An EBS includesthe identification andanalysis of all available and relevantrecords, a visual site inspection ofthe subject property andassociated structures, arecorded chain-of-titledocumentation review, and interviewswith Air Force and non-Air Forcepersonnel associatedwith the subject property (past and present) andadjacent properties.
EBSs are necessary for most AirForce real estate transactions
contamination of the siteprior to a real propertytransaction.Section 107(a)(1) ofCERCLA definespotential owner liabilityfor site contamination.In general, any propertyowner can becomeliable for on-site or off-site contamination, evenwhere such owner has had no participation in the handling of hazardous
The end result is an EBS that includes:• documentation of current and historic environmental contamination,• assessment of health and safety risks,• identification of liabilities,• determination of possible effects on property values, and• demonstration of compliance wth CERCLA Sections 120(h)(1-4).
RECOMMENDATIONS OF AN EBS: Oncethe subject property has been fully evaluated, it is assigned a “propertycategory” that leads to a recommendation on whether or not toproceed with the proposed transaction. The majority of realproperty transactions may proceed without special conditions ifcontamination is nonexistent, presently below established regulatorythresholds, or has been fully remediated under appropriate regulatoryguidelines. If contamination exists which has not been fullyremediated, or additional investigation is required to characterizepotential contamination issues, then proposed real propertytransactions may have to be cancelled, deferred, or modified.
has been recorded in the documentation, as well as to note anyundocumented contamination issues. Finally, a reasonable attemptshould be made to interview available current and former personnelinvolved in operations on the subject property.
IS
AN
EBS
WHAT
EBSs describe current and pastactivities on Air Force property...
...and on non-Air Force propertyprior to a real estate transaction Note: For determination of appropriate level of EIAP, see AFI 32-7061
the Environmental Impact Analysis Process.
INITIAL OUT-GRANT EBSOR WAIVER
CATEXOR EA
IN-GRANTRENEWAL
NOTREQUIRED
CATEXOR EA
OUT-GRANT EBSOR WAIVER
CATEXOR EA
ACQUISITION EBS EAOR EIS
DISPOSAL/EXCESSING EBS EA
OR EIS
RENEWAL
EIAPEBSTRANSACTION
PROPERTYCATEGORIZATIONS
PHASE IEBS
INITIAL RECORDS REVIEWSITE INSPECTIONINTERVIEWS
PROPOSED
NEPA DECISIONDOCUMENT
TEMPORARY INTEREST ORFINALIZED REMEDIATION
PHASE IIEBS
REMEDIATION NOTYET FINALIZED
SITE IS CLEAN ORREMEDIATION COMPLETE
WAIVER
PROCEED WITH REALESTATE TRANSACTION
REQUIRES FURTHEREVALUATION
ROLE OF HQ ACC/A7ZPACC installations conduct the majority of EBSs from within their civilengineering environmental flights. However, communication with HQACC/A7ZP early in the process is important, and can prevent delays inproposed projects due to environmental contamination and/or proceduralissues. In some cases, coordination and approval of environmentaldocumentation for specific real property transactions are required atthe Headquarters or Air Staff level. The role of HQ ACC/A7ZP alsoincludes:
Communicating EBS policies and objectives,
Responding to Congressional, installation, and private sector inquiries on EBS and EIAP requirements for real property transactions,
Assisting with external coordination of EBS documentation via federal, state, and local regulatory agencies.
For more guidance on EBS requirements, contact:
HQ ACC/A7ZP Integrated Planning Branch
129 Andrews Street, Suite 102Langley AFB, Virginia 23665-2769
www.a7zpintegratedplanning.org
An EBS is an essential component of any real estate transactionpackage involving acquisition, disposal, or out-grant.
An EBS can warn that a proposed real estate transaction involvessite conditions that could threaten human health and/or createlegal liability issues for the Air Force.
An EBS involves records searches, a site visit, and interviews withknowledgeable individuals.
Where site conditions clearly warrant it, a written Waiver to a fullEBS may be prepared.
The EBS process and the Environmental Impact Analysis Processshould be conducted concurrently.
KEY POINTS
KEY TERMSAcquisition – Any method of obtaining either permanent or temporarycontrol of and responsibility for real property.
AFI 32-7061– The Environmental Impact Analysis Process.
AFI 32-7066 – Environmental Baseline Surveys in Real Estate Transactions.
CERCLA – Comprehensive Environmental Response, Compensation,and Liability Act.
Declaration of Excess – Description of real property that is nolonger needed for Air Force mission.
Disposal – Transfer of real property fee ownership.
Due Diligence – Inquiring into environmental conditions and historyof a real estate parcel. This is for the purpose of establishing innocentlandowner defense under CERCLA.
Environmental Impact Analysis Process (EIAP) – Air Forceimplementation of requirements under the National EnvironmentalPolicy Act. There are 3 levels of environmental analysis: CategoricalExclusion (CATEX), Environmental Assessment (EA), or EnvironmentalImpact Statement (EIS). (See AFI 32-7061)
Fee Ownership – Full and unconditional ownership by title.
In-Grant – Obtain an interest in (lease, license, permit, easement) orcontrol of real property in less-than-fee ownership.
Out-Grant – Transfer interest or control of real property in less-than-fee ownership to non-Air Force organization or individual.
Real Estate Transaction - Any acquisition, in-grant, out-grant, ordisposal of real property.
Real Property - Land and fixtures and other improvements.
Waiver – Exemption from preparing a full EBS.
