TCEQ PARTNERSHIPS WITH FEDERAL AGENCIES

ENVIRONMENTAL CLEANUP PARTNERSHIPS

TCEQ PERSPECTIVE ON PERFORMANCE BASED CONTRACTS

POTENTIAL IMPACTS OF FEDERAL FUNDING CUTS ON TCEQ DSMOA PROGRAM

TCEQ READY FOR REUSE PROGRAM

TEXAS DSMOA/CA PROGRAM GOALS OF THE DSMOA PROGRAM

Expedite the Cleanup Process Ensure DoD Cleanups Comply with

State Regulations; and, Improve Coordination and

Cooperation between State and DOD

TEXAS DSMOA/CA PROGRAM State Services include:

Provide timely review and comment on cleanup documents;

Provide timely technical and regulatory assistance;

Participate in public education activities; and,

Conduct site visits

TEXAS DSMOA/CA PROGRAM Current Cooperative Agreement

12 major active installations 8 closing installations; and, 28 Formerly Used Defense Sites

(FUDS)

TEXAS DSMOA/CA PROGRAM Cleanup Achievements for IRP

Sites 9 of 12 major active installations

have achieved final site-wide remedy-in-place

5 of 8 closing installations have site-wide RIP; and,

Remaining active and closing facilities should achieve RIP within next several years.

Other Federal Agencies Dept. of Energy Pantex Plant

Agreement in Principle in Place Site-wide groundwater remedy-in-place

and operating successfully achieved Bureau of Land Management

Former Exell Helium Plant Facility U.S. General Services Administration

Fort Worth Federal Center Sale of former NWIRP Dallas facility

Other Federal Agencies U.S. Army Corps of Engineers (civilian

branch) San Antonio River Channel Improvement

Project Trinity River Dallas Floodway Extension

Upper Chain of Wetlands Project

TCEQ Perspective on Use of Performance Based Contracts (PBC) at Federal Facility

Cleanups

2007 Dept. of Defense (DOD) PBC Guidance Provides broad framework for using PBCs.

Intended to: Familiarize State regulators, contractors,

and other stakeholders with PBC process; Indicate stages of the PBC process for

regulator involvement; and, Stress the importance of regulatory

communication and coordination.

TCEQ Perspective on Use of Performance Based Contracts (PBC) at Federal Facility

Cleanups

DOD Components Instructed to Take Following Steps to Involved State Regulators Early in the PBC Process

Consider Regulator Input for Using PBC for Specific Sites;

Consider Regulator’s View of Cleanup Standards Allow Regulators to present their View to

Prospective Bidders; Meet with the Regulator and Contractor to Discuss

Schedule; and, Coordinate Oversight with Regulator

TCEQ Perspective on the PBC Process

Overall, work relations are good with both the components and the contractor during PBC execution Although TCEQ PMs have noted occurrences

where Contracting Office Representatives have prepared contracts without adequate State input

Generally, TCEQ input has been sought on regulatory standards and performance objectives during development of the RFP

TCEQ PMs have been invited to participate in site visits as well as bidder conferences

TCEQ Perspective on the PBC Process

To avoid conflict of interest issues prospective bidder regulatory questions should be submitted to COR who can then forward to TCEQ for a written response

Will ensure all bidders have same information

Use of PBCs for Military Munitions Response Program

Sites

For Munitions Response Sites (MRSs) PBCs are being implemented for the remedial investigation phase;

Good communication and coordination with State is critical in this phase of the cleanup process

State has seen good example where DOD and contractor regularly communicates with the State regarding proposed investigation activities

State also has bad example where DOD has failed to respond timely to regulator written comments

Logistics involved in conducting a munitions RI require that we get it right the first time

Recommendations to Improve Effectiveness of PBCs

Components should seek feedback on adequacy of State involvement during contract development and execution;

Ensure the Components maintain decision making during PBC execution;

Components and contractors should meet with State during development of the PBC, discuss anticipated workload, and options for State to manage increased workload, if applicable

Impacts of Federal Funding Cuts on

TCEQ DSMOA Program DoD has not indicated DSMOA funding will be

cut, however, cut in component project work will have same effect

Currently, have no specifics on how reductions in DOD funding/sequestration/budget disputes could affect future years

New 2-year CA process just beginning so issue will become clearer as installations finalize their Joint Execution Plans (JEPs)

Important to coordinate with State PMs regarding any decisions to re-prioritize projects or revise cleanup schedules.

TCEQ READY FOR REUSE PROGRAM

The purpose of the RfR determination is to promote beneficial reuse of contaminated properties with appropriate environmental safeguards A Voluntary Regulatory Designation available to

all industrial and hazardous waste facilities that meet the qualifying criteria

A technical determination that recognizes when a property has been characterized and remediated to the extent that it is protective for redevelopment based on current or planned land use

Encourages cleanups that will quickly support redevelopment opportunities

TCEQ READY FOR REUSE PROGRAM

Intended to supplement and be consistent with other State actions (e.g., “No Further Action” decisions)

RfR Guidance developed within framework of existing regulations

A Ready for Reuse determination is documented in a letter signed by the TCEQ

RfR Certificate is also issued

RfR Benefits Defines cleanup conditions for site reuse

(i.e., residential, commercial/industrial) Cleanups can be targeted for multiple

reuse scenarios

Determination can apply to entire property or parcels

Provides a mechanism to reintroduce mothballed or warehoused properties back into the marketplace

Brooks City-Base Formerly Brooks AFB in San Antonio Property (1300 acres) transferred to

Brooks Development Authority (BDA) in July 2002

First Federal Facility to receive RfR Certification

Mr. Greg Hammer, Environmental Coordinator for BDA: “RfR determination has benefited BDA by allowing us to easily convey to prospective developer or tenant the property is safe for development and future use.”

Additional RFR Determinations Naval Weapons Industrial Reserve Plant

McGregor, 2006 Fort Worth Federal Center, Fort Worth, 2006 Exell Helium Plant, Bureau of Land

Management, Masterson, 2010 Pending:

Hensley Field (former Naval Air Station Dallas), City of Dallas,

Former Atlas Missile Site No. 3, Clyde (FUDS)

More information on Ready for Reuse determinations can be found at: http://www.tceq.texas.gov/remediation/corrective_action/rfr_guidance.html/view

RfR Ceremony at Brooks City-Base 2002

Association of State and Territorial Solid Waste Management Officials (ASTSWMO)

Website: ASTSWMO.ORG ASTSWMO’s role is to assist States in

learning from and working with other States.

ASTSWMO Federal Facilities Research subcommittee produces work products on issues of interest to States

ASTSWMO Recent work products include:

Analysis of Interim Risk Management at Munitions Response Sites (June 2013)

State Perspectives on the Use of Performance-based Contracting at Federal Facilities Cleanups (August 2010)

Green Remediation at Federal Facility Cleanups (January 2011)

Final BRAC Guide (Updated April 2010)

For More Information Allan Posnick, DSMOA Program Mgr Corrective Action/VCP Section 512-239-2332 Allan.Posnick@tceq.texas.gov