STATE WATER RESOURCES CONTROL BOARD MEETING

BOARD MEETING SESSSION – DIVISION OF WATER QUALITY

MARCH 19, 2003

ITEM 6

SUBJECT

CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A GRANT AGREEMENT WITH THE U. S. DEPARTMENT OF ENERGY TOPROVIDE REGULATORY OVERSIGHT AT LAWRENCE BERKELEY NATIONAL LABORATORY, LAWRENCE LIVERMORE NATIONAL LABORATORY, SANDIA NATIONAL LABORATORY, AND THE STANFORD LINEAR ACCELERATOR CENTER

DISCUSSION

To fund regulatory oversight at U. S. Department of Energy (DOE) facilities, the San Francisco Bay Regional Water Quality Control Board (RWQCB) has requested that the State Water Resources Control Board (SWRCB) authorize the Executive Director to execute a grant amendment in the amount of $310,614.for an additional three-year period.

There is a need for continued RWQCB regulatory oversight of cleanup activities at the four DOE facilities within the San Francisco Bay Region: Lawrence Berkeley National Laboratory, Lawrence Livermore National Laboratory, Sandia National Laboratory, and the Stanford Linear Accelerator Center.

In 1994, the SWRCB approved a five-year DOE grant to fund regulatory oversight at DOE facilities. In 1999, the SWRCB and DOE extended the grant an additional three years (October1999 through September 2002). The grant has been administratively extended to March 31, 2003, with $570,328 funded. The grant amendment would extend the grant period to September 30, 2005, and add $310,614 to the grant.

POLICY ISSUE

Should the SWRCB authorize the Executive Director or designee to execute a grant amendment in the amount of $310,614?

FISCAL IMPACT

The amended three-year Federal grant total is $310,614, for a total amended project amount of $880,942.

REGIONAL BOARD IMPACT

Yes, the San Francisco Bay Regional Water Quality Control Board supports the Executive Director in executing an amended grant with the U.S. Department of Energy.

STAFF RECOMMENDATION

That the Executive Director execute a grant amendment with the U.S. Department of Energy.

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2003 –

AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A GRANT AMENDMENT WITH THE U.S. DEPARTMENT OF ENERGY TO PROVIDE REGULATORY OVERSIGHT AT LAWRENCE BERKELEY NATIONAL LABORATORY, LAWRENCE LIVERMORE NATIONAL LABORATORY, SANDIA NATIONAL LABORATORY; AND THE STANFORD LINEAR ACCELERATOR CENTER

WHEREAS:

1.Threats to water quality exist at the four United States Department of Energy (DOE) sites within the San Francisco Bay Regional Water Quality Control Board's (RWQCB) jurisdiction. These sites are: Stanford Linear Accelerator Center, located in Menlo Park, San Mateo County; Lawrence Berkeley National Laboratory, located in Berkeley, Alameda County; Lawrence Livermore National Laboratory Livermore Site and Sandia National Laboratory both located in Livermore, Alameda County.

2.The 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.

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

4.State Board Resolution 94-103 approved the initial DOE grant request providing financial resources of $1,090,167 to the State Water Resources Control Board (SWRCB) and RWQCB to fund oversight work from October 1, 1994 to September 30, 1999. The grant amendment provides an additional $310,614 to fund oversight work from April 1, 2003 to September 30, 2005, which brings the total amount committed from the original grant to $880,942 with a cumulative project period of 11 years 3 months.

5.On February 19, 2003, the San Francisco Bay Regional Water Quality Control Board passed Resolution 03- supporting authorization by the SWRCB of the Executive Director to execute an amended grant with the United States Department of Energy for $310,614 for the period ending September 30, 2005.

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

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board authorizes the Executive Director or designee to execute a grant amendment in the amount of $310,614 with the Department of Energy regarding state oversight of the four DOE facilities within the San Francisco Bay Region.

CERTIFICATION

The undersigned, the Clerk 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 March19, 2003.

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Maureen Marché

Clerk to the Board