WHAT IS A FINDING OF SUITABILITY
FOR EARLY TRANSFER (FOSET)?
The Superfund statute (officially known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)) has a provision that provides Federal agencies with the ability to transfer property prior to completion of cleanup actions. The Department of Defense explains, “This provision, known as early transfer authority (ETA), authorizes the deferral of the CERCLA covenant requiring all remedial actions to be complete before Federal property is transferred when the findings required by the statute can be made and the response action assurances required by the statute are given.”
When a property is listed on the National Priorities List, “…the deferral must be provided by the Environmental Protection Agency (EPA) with the concurrence of the Governor.“ At Fort Ord EPA approved the early transfer and the Governor concurred as required.
For further information on early transfers see the following documents:
1. Department of Defense Early Transfer Authority Fact Sheet
2. Environmental Protection Agency Overview of Early Transfer Guidance