1. 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

2. 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

3. 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

4. TEXAS DSMOA/CA PROGRAM Current Cooperative Agreement 12 major active installations 8 closing installations; and, 28 Formerly Used Defense Sites (FUDS)

5. 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.

6. 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

7. 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

8. 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.

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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.

15. 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

16. 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

17. R f R 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

18. 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.”

19. 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)

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

21. RfR Ceremony at Brooks City-Base 2002

22. 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

23. 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)

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