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40 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY A Region 9 75 Hawthorne Street o W CA 94105 San Francisco -3901 C— C= � P Tl N i r -ice June 17, 2003 = �F- Mr. John Guzman n Environmental Program Manager — Defense Distribution Depot San Joaquin California, Tracy Site DDJC-FA, Attn: Environmental Management P.O. Box 960001 Stockton, CA 95296 RE: Tracy Defense Depot Record of Decision (ROD) Amendment, September 2001, and Impacted Remedial Action Reports Dear Mr. Guzman, I wish to call your attention to the status of the Tracy ROD Amendment, an important Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) decision document that has been delayed for more than 18 months. This delay seemed reasonable pending resolution of a national dispute between the Environmental Protection Agency (EPA) and Department of Defense (DOD) over enforcement authority for remedies which include institutional controls (ICs). As you know, this delay was acceptable to all parties of the Federal Facility Agreement (FFA) for the Tracy facility because the draft status of this document would not result in any delay to actual cleanup. However, as you are aware, the long delay in memorializing the CERCLA decisions contained in this ROD Amendment has now delayed the completion of multiple remedial action reports (RARs). These RARs are important milestones toward demonstrating construction complete at the Tracy facility. In an effort to move forward, EPA has provided all parties of the Tracy facility FFA with draft proposed language (reference email from M. Work to J. Guzman dated May 29, 2003) based on the recent Travis AFB model, an open base. It is our hope that such an approach, recently found to be acceptable to EPA, DOD and the State of California for Travis AFB, will again be satisfactory to all parties at the Tracy facility.