ITEM: 4

SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A GRANT AMENDMENT WITH THE DEPARTMENT OF ENERGY REGARDING STATE OVERSIGHT ACTIVITIES AT LAWRENCE LIVERMORE NATIONAL LABORATORY SITE 300

DISCUSSION: The Department of Energy, the United States Environmental Protection Agency, the Department of Toxic Substances Control and the Regional Water Quality Control Board signed a Federal Facilities Agreement (FFA) for State and Federal oversight activities at DOE’s Lawrence Livermore National Laboratory (LLNA) Site 300 on 29 June 1992. The State has been providing oversight for DOE’s environmental restoration and waste management activities. Since January 1993, the Regional Water Quality Control Board (RWQCB) has provided assistance in implementing the program by performing water quality oversight of DOE environmental restoration and compliance activities.  The present grant amendment expires on 30 September 1999.

DOE submitted a draft site-wide feasibility study to the regulatory agencies on 1 March 1999. The State submitted comments on the feasibility study on 14 May 1999. The State, EPA and DOE are negotiating remedial alternatives for soil and groundwater for eight operable units. An interim record of decision (ROD) is scheduled to be issued in September 2000. The remedial project managers agreed to an interim ROD because the agencies have not agreed on final cleanup levels. The remedial actions instituted after the interim ROD is signed will provide information to help determine technically and economically feasible cleanup levels to be set in the final ROD, presently scheduled to be completed in 2007. The remedial project managers are presently negotiating a new schedule for the FFA which would move the final ROD date to 2006.

POLICY ISSUE: Should the State Water Board authorize the Executive Director or his designee to execute a Grant Amendment with DOE? Approval of the Grant Amendment demonstrates a continued commitment by the State Water Resources Control Board to cooperate with DOE to ensure coordinated State oversight of LLNL’s environmental restoration and waste management activities.

FISCAL IMPACT: The additional resources from DOE will ensure adequate oversight of LLNL’s environmental compliance and cleanup efforts. The Grant Amendment will provide approximately $315,000 for State oversight from 1 October 1999 to 30 September 2002. The Central Valley Regional Board will work with the Budget Office to ensure there is adequate expenditure authority.

REGIONAL WATER BOARD IMPACT: Central Valley Regional Board

STAFF RECOMDATION: That the State Water Board adopt a resolution authorizing the Executive Director or his designee to execute the proposed Grant Amendment.

WHEREAS:

1.  The United States Department of Energy (DOE) has established an Environmental Restoration and Waste Management Plan to bring its facilities into compliance with the letter and spirit of the state and federal environmental laws, regulations and requirements.

2.  Communication and coordination with State agencies is critical to DOE’s success in this endeavor.

3.  DOE and the State of California have negotiated a Federal Facilities Agreement that authorizes funding for State oversight at DOE’s Lawrence Livermore National Laboratory (LLNL) Site 300 facility.

4.  Since January 1993, the Regional Water Quality Control Board (RWQCB) has provided assistance in implementing the program by performing water quality oversight of DOE environmental restoration and compliance activities.

5.  DOE will provide financial resources of $315,000 to the State Water Resources Control Board (SWRCB) and RWQCB to fund oversight work from 1 October 1999 to 30 September 2002.

6.  A grant amendment between the SWRCB and DOE has been drafted which provides funds to the SWRCB and RWQCB and represents a commitment by the RWQCB to conduct oversight of DOE environmental restoration and compliance activities at LLNL’s Site 300 on a timely, constructive and fiscally sound basis.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board authorizes the Executive Director or his designee to execute a grant amendment in the amount of $315,000 with the Department of Energy regarding State oversight of LLNL’s Site 300 facility.

The undersigned, Administrative Assistant to the Board, does hereby certify 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 August 19, 1999.
_______________
Maureen Marche'
Administrative Assistant to the Board