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Hazmat Requirements for Sales and Other Conveyances |
There are different reporting and mitigation requirements for hazardous materials that may be in or around a building that you want to sell, exchange, or transfer to another agency, depending on the authority that is being used for the conveyance. No matter what conveyance authority you will be using, you must almost always inspect for and document the presence or absence of hazardous materials and any current mitigation. Hazardous materials that are present must usually be removed or mitigated. The regional or zone environmental engineer can provide records and/or assistance for evaluations of these materials. Check out items 11 through 19 of the Excess Real Property Checklist to get an idea of the inspection and documentation requirements. The complete disposal process is explained in the Excess Facilities section of this toolbox. If you will be disposing of the building using conventional authorities or the Pilot Conveyance Authority, you may not have to inspect the building for asbestos or if there is asbestos in the building, it may not have to be removed. There are some circumstances under which lead based paint does not have to be removed if you are disposing of a building under the Pilot Conveyance Authority. You will probably need the assistance of your facilities engineer and zone or regional environmental engineer to determine which federal regulations and CERCLA requirements apply to each particular situation. If you will be disposing of the building using the Forest Service Facility Realignment and Enhancement Act of 2005, mitigation and abatement of lead based paint (LBP) and asbestos containing materials (ACM) are not required. However, the Forest Service must provide notice of the LBP/ACM to the transferee and obtain written assurances from the transferee that the transferee will comply with laws and regulations for LBP/ACM management, including any applicable demolition and disposal requirements. Read the letter from the WO explaining these requirements. Read the specifics of these requirements, including what wording to put in advertisements and purchase agreements. These requirements are complex and you will probably need the assistance of your facilities engineer and zone or regional environmental engineer to determine which federal regulations and CERCLA requirements apply to each particular situation. |