01-26-1993 PTRC Meeting MInutes - Laserfiche WebLink

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KG.-2nd SESS. Oct, IS: Oct. 1 g ENVIRONMENTAL RESPONSE ACT P.L. 102-426 concurrence which is required w "(II) real property that is or has been used as a military rence is deemed to be obtained installation and on which the United States plans to close a request for the concurrence, or realign military operations pursuant to a base closure y either concurring or declining<' law. urrence. "(ii) For purposes of this paragraph, the term `base closure in clauses (ii), (iii), and (iv) law' includes the following: �.W- "(I) Title II of the Defense Authorization Amendments >nce required under subpara- and Base Closure and Realignment Act (Public Law 100- + ly, shall be made at least 6 526; 10 U.S.C. 2687 note). of operations on the real prop "(II) The Defense Base Closure and Realignment Act ert described in subparagraph. of 1990 (part A of title XXIX of Public Law 101-510; Y10 U.S.C. 2687 note). have been closed or realigne "(III) Section 2687 of title 10, United States Code. alignment pursuant to a base "(IV) Any provision of law authorizing the closure or iragraph (EXiiXI) or (EXiiXII) realignment of a military installation enacted on or after the Community Environmental '' the date of enactment of the Community Environmental identification and concurrence Response Facilitation Act. (A) and (B), respectively, shall "(F) Nothing in this paragraph shall affect, preclude, or is after such date of enactment. otherwise impair the termination of Federal Government oper- _ �erty described in subparagraph� ations on real property owned by the United States.". e closed or realigned or become SEC. 4.CLARIFICATION OF COVENANT WARRANTING THAT REMEDIAL went pursuant t0 the base clo-:` graph (EXiiXID after the date ACTIGN HAS BEEN TARN. unity Environmental Response (a) CLARIFICATION.—Paragraph (3)of section 120(h) of the Com- ion and concurrence required prehensive Environmental Response, Compensation, and Liability ), respectively, shall be made Act of 1980 (42 U.S.C. 9620(hX3)) is amended by adding after r the date by which a joint the last sentence of such paragraph the following: "For purposes ure or realignment of the real r of subparagraph (BXi), all remedial action described in such of such base closure law must = subparagraph has been taken if the construction and installation solu has not been enacted. of an approved remedial design has been completed, and the remedy rty�ribed in subparagraphs `~ has been demonstrated to the Administrator to be operating prop- closed or realigned pursuant erly and successfully. The carrying out of long-term pumping and d in subparagraph (EXii)(III) treating, or operation and maintenance, after the remedy has been d concurrence required under demonstrated to the Administrator to be operating properly and spectively, shall be made not successfully does not preclude the transfer of the property. . ate on which the real property (b) ACCESS To ROPERTY.—Paragraph (3) of such section is ment pursuant to such a base further amended— (1) by striking out ", and at the end of subparagraph or other transfer of any parcel c (AXiii)and inserting in lieu thereof a semicolon; (2) by striking out the period at the end of subparagraph r subparagraph (A), the deed subparagraph a such property by the (BXii) and inserting in lieu thereof", and"; and nsf ' (3) by adding after subparagraph (B) the following new rsonor entity shall contain tin that an response action subparagrapph: g Y po (C) a clause granting the United States access to be necessary after the date the property in any case in which remedial action or correc- 11 be conducted by the United tive action is found to be necessary after the date of such transfer.". the United States access to - SEC 5.REQ NT TO NOTIFY STATES OF CERTAIN LEASES. n which a response action or be necessary after such date >;: Section 120(h) of the Comprehensive Environmental Response, access is necessary to carry .: Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), as corrective action on adjoining >; amended by section 3, is further amended by adding at the end the following new paragraph: s to— "(5)NOTIFICATION OF STATES REGARDING CERTAIN LEASES— ed by the United States and In the case of real property owned by the United States, on s plans to terminate Federal which any hazardous substance or any petroleum product or er than real property described its derivatives(including aviation fuel and motor oil)was stored for one year or more, known to have been released, or disposed 2176 106 STAT. 2177