ITEM 5: CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN INTERAGENCY AGREEMENT (IA) WITH THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL (DTSC) FOR THE REGIONAL AND STATE BOARDS TO PROVIDE TECHNICAL SUPPORT FOR SITE REMEDIATION AT UNITED STATES DEPARTMENT OF DEFENSE (DoD) FACILITIES

DISCUSSION: The Regional Water Quality Control Boards (RWQCBs) and the DTSC have been overseeing cleanup at DoD facilities for several years. The DTSC is the sole recipient of funding through the DoD Cooperative Agreements to support cleanup oversight. The DTSC provides DoD funding to the State Water Resources Control Board (SWRCB) through IAs.

In 1996, the SWRCB adopted a resolution authorizing the Executive Director to execute an IA between the SWRCB and the DTSC. The 1996 IA provided funding to allow for continuing cleanup oversight at 144 DoD facilities. The IA for Fiscal Year (FY) 1996-97 provided $5,248,000. However, due to federal budget reductions, the RWQCBs were instructed to reduce expenditures in FY 1996-97 and their FY 1997-98 budget was established at $4.2 million. During FY 1997-98, DoD facilities were split between DTSC and the RWQCBs in order to avoid regulatory overlap. Consequently, the RWQCBs are lead oversight agency for a number of DoD facilities and remain the lead agency for oversight of petroleum cleanups at all DoD facilities.

Pursuant to a 1996 DoD Report to Congress, responses such as investigations, interim actions, design, cleanup, and long-term monitoring have been completed at 1,156 of 3,684 sites (31 percent) in California. Responses are underway on the majority of remaining sites.

The DTSC and SWRCB staff are negotiating an IA for FYs 1998-99 and 1999-2000 to continue SWRCB and RWQCB involvement at military bases. The funding level will be based on the DoD funding available. The SWRCB and RWQCB involvement is to ensure water quality concerns are addressed in response actions at military bases.

POLICY ISSUE: Should the SWRCB continue to oversee cleanups at DoD facilities and, therefore, be a party to the proposed IA?

FISCAL IMPACT: Currently, the SWRCB has $4.3 million identified in the SWRCB's FY 1998-99 budget. Negotiations, thus far, indicate that the DTSC will fund less than this amount for FY 1998-99 through the IA. The DoD has indicated that it anticipates decreases in funding. The amount of funds that DTSC passes through to the SWRCB depends on how much funding is obtained from the DoD.

RWQCB IMPACT: Yes, all RWQCBs.

STAFF RECOMMENDATION: That the SWRCB authorize the Executive Director or his designee to-execute the proposed IA.

DRAFT May 4, 1998

WHEREAS:

1. The State Water Resources Control Board (SWRCB) has been funded previously through cooperative agreements by DoD and has actively participated in the DoD Environmental Restoration Program.

2. California Environmental Protection Agency designated DTSC to be the sole recipient of funding through DoD Cooperative Agreements.

3. The SWRCB and DTSC have agreed to split lead responsibility at DoD facilities in order to avoid duplication in cleanup oversight.

4. DTSC will provide to the SWRCB funding from DoD through an IA to ensure water quality concerns are addressed in response actions at military bases.

5. Approval of this IA will ensure that there will be coordinated state agency oversight of the DoD facility cleanup activities, including those activities at closing bases.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board authorizes the Executive Director to execute a two-year IA with DTSC for oversight of the cleanup of military facilities during FYs 1998-99 and 1999-2000 in the amount of approximately $8 million.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 27, 1998.

______________________________

Maureen Marche

Administrative Assistant to the Board