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• 3'' Oct. 19 ENVIRONMENTAL RESPONSE ACT P.L. 102-426 <br /> SEC. 3. REQUIREMENT FOR IDENTIFICATION OF LAND ON WHICH NO <br /> Et. 4016]; October 19, 1992 HAZARDOUS SUBSTANCES OR PETROLEUM PRODUCTS <br /> OR THEIR DERIVATIVES WERE STORED. RELEASED, OR <br /> DISPOSED OF. <br />'4MENTAL RESPONSE <br /> PION ACT Section 120(h) of the Comprehensive Environmental Response, <br /> Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) is <br /> Report or P.L. 102-426 amended by adding at the end the following new paragraph: <br /> see Re <br /> p f "(4) IDENTIFICATION OF UNCONTAMINATED PROPERTY.—(A) <br /> slative History Section. In the case of real property to which this paragraph applies <br /> (as set forth in subparagraph (E)), the head of the department, <br /> ntal Response,Compensation,and Liability Ad agency,or instrumentality of the United States with jurisdiction <br /> before termination of Federal activities on any over the Fproperty shall,stances <br /> the real property on which <br /> to identify real property where no hazardous no hazardous subbstances and no petroleum products or their <br /> d of. derivatives were stored for one year or more, known to have <br /> and House of Representatives of been released, or disposed of. Such identification shall be based <br /> egress assembled, on an investigation of the real property to determine or discover <br /> the obviousness of the presence or likely presence of a release <br /> or threatened release of any hazardous substance or any petro- <br />:he "Community Environmental leum product or its derivatives, including aviation fuel and <br /> y motor oil, on the real property. The identification shall consist, <br /> at a minimum, of a review of each of the following sources <br /> of information concerning the current and previous uses of <br /> the real property: <br /> g: z` "(i) A detailed search of Federal Government records <br /> in Federal facilities is having pertaining to the property. <br /> mies of local communities by "(ii) Recorded chain of title documents regarding the <br /> ith such facilities, and delay in real property. <br /> contamination of real property "(iii) Aerial photographs that may reflect prior uses <br /> ransfer and private development of the real property and that are reasonably obtainable <br /> through State or local government agencies. <br /> nc instrumentality of the "(iv) A visual inspection of the real property and any <br /> wit al communities, should buildings, structures, equipment, pipe, pipeline, or other <br /> operty that offers the greatest improvements on the real property, and a visual inspection <br /> each facility under of properties immediately adjacent to the real property. <br /> velopment on (v) A physical inspection of property adjacent to the <br /> ent, agency, each <br /> instrumentality <br /> ng real property, to the extent permitted by owners or opera- <br /> ding remedial investigations and tors"( such property. <br /> vi) Reasonably obtainable Federal, State, and local <br /> ve actions at such Federal facili- government records of each adjacent facility where there <br /> anner to facilitate environmental has been a release of any hazardous substance or any <br /> Zfer of such excess real property etroleum product or its derivatives, including aviation <br /> adverse economic effects on the fuel and motor oil,and which is likely to cause or contribute <br /> p <br /> to a release or threatened release of any hazardous sub- <br /> sncy, or instrumentality of the stance or any petroleum product or its derivatives, includ- <br /> 'th applicable law, should make ing aviation fuel and motor oil,on the real property. <br /> cess real property. "(vii) Interviews with current or former employees <br /> 1 property owned by the United involved in operations on the real property. <br /> ther person, the United States Such identification shall also be based on sampling, if appro- <br /> esponsible for conducting any riate under the circumstances.The results of the identification <br /> Lion necessary to protect human shall be provided immediately to the Administrator and State <br /> with respect to any hazardous and local government officials and made available to the public. <br /> ct or its derivatives, including "(B) The identification required under subparagraph (A) <br /> that was present on such real is not complete until concurrence in the results of the identifica- <br /> tion is obtained, in the case of real property that is part <br /> of a facility on the National Priorities List, from the Admuuo- <br /> trator, or, in the case of real property that is not part of <br /> a facility on the National Priorities List, from the appropriate <br /> 2174 lou.S.Cong.News'92-6 106 STAT. 2175 <br /> • <br />