Department of Defense

PROGRAM OVERVIEW

The State Water Resources Control Board and nine Regional Water Quality Control Boards partner with the Department of Defense (DoD) through the Defense and State Memorandum of Agreement (DSMOA) to oversee the investigation and remediation of water quality issues at military facilities. Approximately 200 military facilities listed on Attachment A of the DSMOA require environmental cleanups that range from a few UST cleanups to complex Superfund cleanups.

The DoD environmental restoration program is carried out within the environmental legal framework of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund. State Water Resources Control Board/Regional Water Quality Control Boards authority for cleanup of contaminated sites is found under the following laws:

California Water Code, Division 7, Section 1300, Section 13304, and Section 13172, and

California Health and Safety Code, Chapter 6.7.

DoD facilities fall under one of the following three categories:

Active bases where the military currently conducts operations,
Base Realignment and Closure (BRAC) installations which are being cleaned up and prepared for transfer to communities and to other federal, state, and local agencies, and
Formerly Used Defense Sites (FUDS) which are properties that DoD once owned, operated or leased.

The California Department of Toxic Substances Control administers the DSMOA Cooperative Agreement and is the lead regulatory agency on approximately one-third of the military installations. The Regional Boards and DTSC share the lead at approximately one-third of the installations, and the Regional Boards are lead at approximately one-third of the installations. Some military installations are listed as federal Superfund sites, those sites will have federal Environmental Protection Agency oversight involvement. The EPA is involved on non-Superfund bases, e.g. base closures, too.

The State Water Resources Control Board administers the DoD Program while the Regional Boards provide regulatory oversight at DoD facilities. Regional Board oversight includes:

Participating in technical work groups with DoD and other state/federal/local environmental agencies to develop mitigation alternatives for contaminaed sites,
Providing oversight for leaking underground storage tank cases,
Reviewing and commenting on technical reports/studies designed to develop remedial alternatives, and
Achieving public outreach and education through participation in public meetings, e.g., Restoration Advisory Boards

One of the biggest challenges facing the DoD program at the State and Regional Boards is the coordination with other State and Federal agencies, while continuing to achieve a high quality, timely investigation and cleanup. Not only are the State Department of Toxic Substances Control (DTSC) and Federal Environmental Protection Agency (EPA) involved with the State and Regional Boards in overseeing the environmental restoration at most DoD installations, but other state agencies are incorporated into the decision making process where necessary. Examples of other agencies possibly involved with the restoration of bases are:

State Department of Fish and Game assisting with wetland and ecological risk issues,
Office of Environmental Health Hazard Assessment assisting with Human Health and Ecological Risk Assessments,
California Integrated Waste Management Board assisting with landfill health and safety issues, and
Department of Health Services Radiological Division assisting with radiological contamination issues.

These other organizations may assist Regional Board staff in overseeing the investigation and remediation of water quality issues. Additionally, public involvement is legally established for DoD installations, and carried out through Restoration Advisory Boards. Regional Board staff participate on Restoration Advisory Boards.

Information on specific DoD facilities may be accessed through the USEPA's Federal Facility Site Information website.