Effective October 1, 2015, the Postal Service™ is revising Handbook RE-6, Facilities Environmental Guide, to reflect changes in Postal Service policies and practices, updates to applicable laws and regulations, and changes to the Facilities and Postal Service organizations. The revised Handbook RE-6 provides an accessible, current statement of environmental policy under applicable laws, regulations, and Postal Service policies.
Major changes include: a redefined approval policy for real estate actions affecting contaminated properties; the removal of historic artwork policies and consolidation of such policies in Handbook RE-1, U.S. Postal Service Facilities Guide to Real Property Acquisitions, as recommended by the Office of the Inspector General; updated references to those laws and regulations applicable to the Postal Service; and the removal of outdated case studies and illustrations.
Handbook RE-6, Facilities Environmental Guide
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[Revise the text of Handbook RE-6 in its entirety to read as follows:]
1 Overview
1-1 Purpose and Scope
This Handbook RE-6, Facilities Environmental Guide (RE-6), provides Postal Service employees with policies regarding real estate actions (e.g., purchases, sales, and leases) and design and construction (which include facility repair and alterations) that may affect the environment. This version 3 (October 2015) RE-6 replaces and supersedes all preceding versions, including version 1 (December 1997), version 2 (November 2004), and any amendments thereof.
1-2 Applicability
The policies in this publication apply to all real estate and design and construction activities of the Facilities Department with respect to owned and leased properties, and other real property interests.
1-3 Updates
The Facilities Department periodically issues revisions to this handbook. Revisions will appear in the Postal Bulletin, which is posted online at https://about.usps.com/postal-bulletin/welcome.htm.
2 The National Environmental Policy Act
2-1 Background
The National Environmental Policy Act (NEPA) was signed into law on January 1, 19701 and requires federal agencies2 to consider the environmental impacts of their actions and decisions. Under NEPA, the Postal Service integrates environmental considerations into its decision-making and planning processes before implementing certain actions. Environmental considerations can include factors such as pollution, traffic, historic resources, and wetlands. The NEPA process engages project planners and decision-makers to assess, analyze, document, and communicate the environmental impacts of their proposed actions. NEPA’s goal is to consider environmental impacts along with other factors such as cost, feasibility, and design.
2-2 Regulatory Policy and Scope
The Postal Service has issued regulations setting forth specific environmental procedures implementing NEPA. These regulations are in 39 C.F.R. part 775.
2-3 Determining NEPA Applicability and Documentation
The vice president of Facilities or his or her designee is responsible for developing NEPA policy as it affects real estate actions and design and construction actions. All proposed Facilities Department projects must undergo the appropriate level of NEPA analysis, in accordance with 39 C.F.R. part 775, to determine the level of environmental impacts. Based on that analysis, the Facilities environmental specialist may find that the NEPA regulations categorically exclude a proposed project from further NEPA consideration or that a particular project may require further NEPA study. Categorical exclusions are listed in 39 C.F.R. § 775.6. Consult with the Facilities environmental specialist and the Law Department on questions regarding application of categorical exclusions.
3 Environmental Requirements for Facilities Department Actions
3-1 Federal Regulatory and USPS Policy Considerations
The Postal Service must examine numerous federal statutes when carrying out Facilities Department actions as described in this handbook. Some statutes may require compliance as a matter of law, while others may require compliance as a matter of USPS policy, and yet others may not apply to the Postal Service due to its unique status as an independent establishment of the Executive Branch. The following are some of the federal environmental laws applicable in whole or in part to Facilities Department projects:
n Clean Water Act, 33 U.S.C. §§ 1251 et seq.
n Comprehensive Environmental Response, Compensation, and Liability Act (commonly known as “Superfund”), 42 U.S.C. §§ 9601 et seq.
n Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.
n Clean Air Act, 42 U.S.C. §§ 7401 et seq.
n Endangered Species Act, 16 U.S.C. §§ 1531 et seq.
n Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.
The Postal Service may adopt policies to voluntarily comply with certain other laws, regulations, or executive orders. For example, the Postal Service is not legally obligated to follow Executive Order 11988, Floodplain Management, or Executive Order 11990, Protection of Wetlands. However, the Postal Service issued regulations at 39 C.F.R. part 776, Floodplain and Wetland Procedures, to implement the goals of these Executive Orders.
The Postal Service also examines other environmental conditions — such as asbestos, mold, lead, and indoor air quality — in connection with Facilities Department projects. The Postal Service has a commitment to employee health and safety, including compliance with the federal Occupational and Safety Health Act (OSHA), hence the examination of these environmental conditions.
Consult with the Facilities environmental specialist and the Law Department on questions regarding applicability of laws, regulations, and policies.
3-2 State and Local Regulatory Considerations
Most states have enacted environmental statutes and regulations that complement federal laws. Some federal laws specifically authorize the states or municipalities to enforce federal law by enactment and implementation of a state program. Other state or local statutes and regulations set standards that may be stricter than the corresponding federal standard. Consult with the Law Department to determine the applicability of these statutes and programs to USPS operations and projects.
4 Environmental Due Diligence
4-1 Introduction
This section discusses environmental due diligence for the Facilities Department’s real estate actions. Environmental due diligence is intended to analyze potential environmental risks associated with the property.
4-2 Legislative Background
Federal laws define a property owner’s liability for the environmental condition of a property. Among these federal laws are: the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”), 42 U.S.C. §§ 9601 et seq.; the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901; and the Clean Water Act (CWA), 33 U.S.C. §§ 1251 et seq. In many cases, CERCLA imposes strict liability on a property owner or operator that is joint and several, meaning that the particular level of culpability or contribution of contamination is irrelevant to the degree of liability.
Given the strict liability standard under CERCLA, the Postal Service conducts environmental due diligence when acquiring property in order to qualify for defenses under CERCLA. A landowner who meets the criteria of a “bona fide prospective purchaser” or “innocent landowner” receives certain protections from CERCLA liability. In order to satisfy the necessary criteria, the landowner must conduct “all appropriate inquiries” into the previous ownership and uses of the property prior to acquisition of the property. To establish these protections, the USPS environmental due diligence process must meet the “all appropriate inquiries” standard. Furthermore, following acquisition of the property, the landowner must demonstrate compliance with all continuing obligations on the property, such as land use restrictions and institutional controls, and must take “reasonable steps” to stop any continuing release of hazardous substances, prevent any threatened future release, and prevent or limit human or environmental exposure to any hazardous substances, if applicable.
4-3 Policy
4-3.1 Due Diligence
USPS policy is to conduct some level of environmental due diligence on any property proposed for use as a USPS facility. The scope of due diligence varies with the type of facility, the type of real estate action, and the environmental condition of the property.
When conducting Phase I–level environmental site assessments, the Postal Service follows the most current version of the American Society for Testing and Materials (ASTM) E1527, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The Facilities environmental specialist may advise applying other ASTM standards when a site requires further inquiry beyond the Phase I Environmental Site Assessment (e.g., a Phase II Environmental Site Assessment).
4-3.2 Acquisition
In order to effectively and efficiently operate, the Postal Service may determine that the acquisition of contaminated property is in the best interest of the Postal Service. If the property is contaminated but the applicable regulatory agency states in writing that corrective action is not required for the contamination, then the Postal Service can purchase the property without additional approvals beyond what is required for any purchase. Health and safety concerns related to the contamination will be addressed separately as a part of any purchase.
Prior to purchasing a property that has environmental contamination at a level that, under local, state, or federal law, requires corrective action on the property, the Postal Service must take the following actions:
1. If the contamination on the property qualifies the property as a “Superfund” site under CERCLA or the state equivalent of a Superfund site, then the vice president of Facilities, the general counsel, and the vice president of Area Operations must recommend the purchase in writing, and the committee responsible for approving capital expenditures must vote to approve the purchase. In addition, the Postal Service may not occupy and/or operate in or on the purchased property until the Facilities environmental specialist, in conjunction with the area safety manager, determines that any health and safety issues related to the contamination are resolved.
2. If the property is contaminated but is not a “Superfund” site under CERCLA or a state equivalent Superfund site, yet the contamination on the property is such that the enforcing environmental regulatory agency would require the Postal Service to take corrective action, then the vice president of Facilities, the general counsel, and the vice president of Area Operations must provide written approval of the purchase. In addition, the Postal Service may not occupy and/or operate in or on the purchased property until the Facilities environmental specialist, in conjunction with the area safety manager, determines that any health and safety issues related to the contamination are resolved.
3. If the property is contaminated but is not a “Superfund” site under CERCLA or a state equivalent Superfund site, yet the contamination on the property is such that the enforcing environmental regulatory agency requires a party other than the Postal Service to take corrective action, then the Postal Service may purchase the property without additional approvals beyond what is required for any purchase. However, the Postal Service must evaluate its potential liability prior to purchase. In addition, the Postal Service may not occupy and/or operate in or on the purchased property until the Facilities environmental specialist, in conjunction with the area safety manager, determines that any health and safety issues related to the contamination are resolved.
4. If the property is solely contaminated by the Postal Service, as confirmed by the Facilities environmental specialist, then the Postal Service may purchase the property without additional approval beyond what is required for any purchase, regardless of the type of the contamination caused by the Postal Service. Any health and safety concerns related to the contamination will be addressed independent of the purchase.
4-3.3 Leasing
In order to effectively and efficiently operate, the Postal Service may decide that it is in the best interest of the Postal Service to lease a contaminated property. Prior to the Postal Service entering into a lease of contaminated property, the Facilities environmental specialist, in conjunction with the area safety manager, must confirm that the Postal Service has addressed any health and safety concerns related to the contamination, if any exist. In addition, indemnification of the Postal Service by the landlord or other appropriate entity for matters related to the contamination may be required. Note that under some state laws and under some Brownfields Programs, the Postal Service, by entering into a lease, may be considered to be an owner/operator, and thus have owner/operator liability under environmental laws. Consult with the Law Department on applicable laws and regulations.
The USPS Environmental Due Diligence process also addresses common environmental considerations on leased properties as well as associated compliance obligations required of the Postal Service and the landlord. The Postal Service and the landlord should review these obligations and define responsibility prior to executing a lease.
4-3.4 Disposal
Prior to disposing (via sale, exchange, or any other form of transfer) of a property that has environmental contamination at a level that, under local, state, or federal law, requires corrective action on the property and/or ongoing environmental compliance requirements, the Facilities Department will consult with the Law Department to ensure, at a minimum, the following:
1. The Postal Service notifies the prospective purchasers regarding relevant environmental findings.
2. The terms of the disposal adequately protect the Postal Service from environmental liabilities connected to site contamination.
3. The Postal Service, as applicable and as allowed, properly transfers permits, consent decrees, and administrative orders on consent to the prospective purchaser.
4. The disposal of a property does not unreasonably impair third-party agreements of the Postal Service (e.g., an indemnity by a third party).
5 Environmental Oversight of the Construction Process
5-1 Introduction
The Postal Service integrates environmental considerations into design, construction, and post-construction processes for new construction projects and repair and alteration projects. The Postal Service evaluates environmental considerations in the planning stage of a project and throughout the entire construction process.
5-2 Project Responsibilities
5-2.1 Environmental Considerations
Environmental considerations for a project may include the following:
n Groundwater or soil contamination.
n Asbestos.
n Lead.
n Storage tanks.
n Mold.
n Vapor intrusion and indoor air quality.
n Floodplains.
n Wetlands.
n Historic and cultural resources.
n Environmental compliance obligations (e.g., permitting/inspection costs for fuel tanks).
5-2.2 Design Responsibilities
The Facilities environmental specialist works with the project manager to ensure that all site concerns identified during the NEPA review and environmental due diligence are incorporated into the project. During this process, the Facilities environmental specialist serves as the technical advisor on environmental and related health and safety issues (in conjunction with the area safety manager) and assists the project manager with any special environmental requirements for inclusion in project design.
The Postal Service is committed to incorporating environmentally beneficial or sustainable design elements in its projects where practicable in accordance with the most current version of USPS Standard Design Criteria.
5-2.3 Construction Responsibilities
The Postal Service ensures that all applicable environmental permits and records or reports required by the permits are obtained.
As part of the project planning stage, the project manager and the Facilities environmental specialist identify environmental activities and mitigation measures, if any, to be implemented during construction. The Facilities environmental specialist serves as a technical advisor to the project manager on environmental matters throughout the construction process.
Contractors must comply with all applicable federal, state, and local environmental, health and safety laws, and regulations. Consult with the Law Department to determine when the laws and requirements under this Section may apply to the Postal Service and its contractors.
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We will incorporate these revisions into the next online update of Handbook RE-6, Facilities Environmental Guide, which is available on the Postal Service PolicyNet website:
n Go to http://blue.usps.gov.
n In the left-hand column under “Essential Links”, click PolicyNet.
n Click HBKs.
The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.
— Facilities, 10-1-15
