|
|
Close





Property Transfer: What you need to know

Governing Law and Regulations

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 42 USC 9601 to 9675

For a Limited Time receive a FREE EHS Report "Recordkeeping for EHS Managers." This special report contains a recordkeeping checklist to help you keep track of your records for major environmental laws and OSHA's Hazard Communication Standard. Download Now

All appropriate inquiry standards: 40 CFR 312.1 to 312.31

Oil pollution: 33 CFR 137.1 to 137.85

Federal property transfer applicability and reporting: 40 CFR 373.1 and 40 CFR 373.2

Contract notice requirement: 40 CFR 373.3

Definitions: 40 CFR 373.4

National Environmental Policy Act (NEPA) regulations: 40 CFR 1500 to 1508

Environmental justice: Executive Order (EO) 12892

Hazardous waste injection wells: 40 CFR 146.72

Underground storage tank (UST) foreclosures: 40 CFR 280.210(c)

Brownfields: The Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Act), Public Law 107-118

Regulatory Agency

U.S. Environmental Protection Agency (EPA)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

Overview

Property transfers can trigger numerous environmental requirements. Site permits and environmental agreements require consideration before a transfer as they may require reapplication or transfer to the new responsible party. Deeds should be carefully reviewed to determine whether any environmental covenants, restrictions, or easements apply.

Property transfer is defined broadly and can include a change in stock, title, or real estate interest, as well as changes in right of ways, easements, or property use rights. "Real property" includes land and improvements (such as roads, buildings, and other structures, including installed permanent fixtures) on the land. Federal property transfer requirements typically apply to those sites that have or have had commercial and industrial land uses.

Sellers are required to disclose all site environmental conditions, ...


>> Read more about Property Transfer

State Requirements

Alabama | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | New Hampshire | New Jersey | New York | North Carolina | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | Tennessee | Texas | Utah | Virginia | Washington | West Virginia | Wisconsin |

Property Transfer Resources

TypeTitle
Forms Well Disclosure Certificate

Property Transfer Products

SPCC Interactive Webinar Recording
BLR Webinar: "SPCC: Current Status and Upcoming Changes; Get Your Facility Up to Speed Now""
Free Special Reports
Get Your FREE Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Recordkeeping for EHS Managers

One of the most tedious aspects of an EHS manager’s job is to keep track of a host of records. Laws have been passed in every jurisdiction requiring facilities to produce and retain records of various kinds. Don’t get caught without the necessary records in the event of a surprise EPA or OSHA inspection! This special report shows EHS managers at a glance the records they must keep on hand and for how long.

Download Now!

This special report contains a recordkeeping checklist to help you keep track of your records for major environmental laws and OSHA’s Hazard Communication Standard.

Also included are 3 useful tables which provide:
  • A summary listing of federal environmental recordkeeping requirements
  • A list of federal safety recordkeeping requirements.
  • A list of federal recordkeeping requirements for DOT and the Department of Homeland Security as they apply to hazardous material transporters and chemical facilities.
Download Now!