Fairfax County Parkway July 2011 TRB Workshop CERCLA 120(h) CERCLA §120(h) imposes several requirements on all transfers of federal real property to non-federal entities Environmental Baseline Survey Finding of Suitability to Transfer (FOST) Protective Covenants in Transfer Deed
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Fairfax County ParkwayJuly 2011TRB Workshop CERCLA 120(h) CERCLA §120(h) imposes several requirements…
Fairfax County ParkwayJuly 2011TRB Workshop Covenants and Property Acquisition RCRA and CERCLA can be in conflict; fee acquisition under RCRA imparts ownership Responsible Party status may negate Covenants Transfer by Easement does not clearly require Protective Covenants
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Fairfax County Parkway July 2011TRB Workshop
CERCLA 120(h)
CERCLA §120(h) imposes several requirements on all transfers of federal real property to non-federal entities
Environmental Baseline Survey Finding of Suitability to Transfer (FOST) Protective Covenants in Transfer Deed
Fairfax County Parkway July 2011TRB Workshop
CERCLA Covenant
Warrants: "all remedial action necessary to protect human health and the environment with respect to any such substance
remaining on the property has been taken before the date of such transfer,“ and “return and perform any additional response action that may be required in the future”
Does not address the scheduling or pace of such remedial actions
Fairfax County Parkway July 2011TRB Workshop
Covenants and Property Acquisition
RCRA and CERCLA can be in conflict; fee acquisition under RCRA imparts ownership
Responsible Party status may negate Covenants
Transfer by Easement does not clearly require Protective Covenants
Fairfax County Parkway July 2011TRB Workshop
FOSET (Early Transfers)
Allows known contaminated property to be transferred prior to completion of remedy provided:
Demonstration property suitable for intended use
EPA Concurrence 30-day Public Comment Period Approval by Governor
Fairfax County Parkway July 2011TRB Workshop
Fairfax County Parkway
1.5 Mile 4-Lane highway to support 9000 BRAC employees Transfer of 165 acres from Fort Belvoir former Engineering Proving Ground EPG part of Base-wide RCRA Corrective Action SWMUs and Ordnance Range in ROW; investigation/clearance ongoing since 1990 Ordnance Investigation/Clearance 2000-2005 Significant cuts to achieve roadway design grades
Fairfax County Parkway July 2011TRB Workshop
Fairfax County Parkway Timeline
VDOT Design-Build procurement scheduled May 2005
March 2005 FOST due date missed
May 2005 VDOT cancels procurement
Army proposes FOSET in August 2005
EPA issues RCRA 3013 Consent Order – Sept. 2005
Army “discovery” of new SWMU (FATTS) January 2006
Fairfax County Parkway July 2011TRB Workshop
Former Aboveground Test Tank Site (FATTS)
PICTURE
Fairfax County Parkway July 2011TRB Workshop
Fairfax County Parkway Timeline (cont.)
October 2006 Congress authorizes Army/FHWA to build project
December 2007 MOA reached – VDOT match not to be used for any related cleanup costs