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

SMWU remedies not completed until February 2009

Phased procurement May 2008 – December 2009