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Department of Toxic Substances Control

The Department of Toxic Substances Control (DTSC) is responsible for regulating hazardous waste facilities and overseeing the cleanup of hazardous sites in California. Through its inspection, compliance and corrective action programs, DTSC ensures that state and federal requirements for managing hazardous wastes are implemented.

Accomplishments during Second Half of 1999

1. Environmental Assessment of School Properties. DTSC directed a significant level of additional staff resources to its newly created Schools Unit to oversee the investigation and cleanup of hazardous substances on public school properties. The Schools Unit worked closely with the Los Angeles Unified School District on investigation and health risk assessment activities at three school sites - Jefferson Middle School, South Gate High School and Belmont Learning Complex. DTSC also had an active and visible role in support of hazardous waste investigation and cleanup work at contaminated properties adjacent to the Suva School in Bell Gardens Los Angeles County, and other school sites throughout the state.

2. Chemical Incident Risk Reduction for Y2K. DTSC was actively involved in the Davis Administration’s efforts to minimize the possibility of year 2000 related chemical release incidents. DTSC lent 10 staff to the Office of Emergency Services to assist in the effort. DTSC used its resources and database information to identify more than 10,000 facilities throughout the state, including chemical manufacturers, contaminated sites, hazardous waste generators, and hazardous waste treatment and disposal facilities. Working with local governments and other regulatory agencies, DTSC helped develop a successful program to reduce potential environmental and public health risks from these facilities.

3. State Superfund Program. Following passage of SB 47, which reformed the State Superfund Program, DTSC began using this new authority at 268 sites throughout California that pose a threat to public health or the environment because of hazardous waste contamination. The new Superfund program re-establishes the Orphan Share Fund, requires financial assurance for long term maintenance at sites, and provides more flexibility in DTSC’s investigation and oversight work.

4. Brownfields Redevelopment. California is a national leader in the environmental cleanup and reuse of brownfields, former industrial properties that are being increasingly eyed by the public and private sectors as key components to economic revitalization. Two of the most significant brownfields projects currently under development are in the Los Angeles area, where DTSC negotiated environmental cleanup agreements during the reporting period that will have major economic, employment and environmental benefits.
   • The first Prospective Purchaser Agreement negotiated by DTSC was with Alameda Corridor Transportation Authority for a redevelopment project in downtown Los Angeles that is expected to stimulate major new commercial and industrial activities, and trigger a 10-year project to double the capacity of Los Angeles Harbor. More than 10,000 temporary construction jobs will be created as a result. By 2010, the project is expected to realize a $136 billion increase in trade and a $6 billion increase in state and local revenues.
   • DTSC also entered into an agreement with the Los Angeles Media Tech Center for redevelopment of a 50-acre parcel in the Cypress Park area of Los Angeles. When completed, the project will have 735,000 square feet of office space for media and technical-related use and create 2,200 new jobs. Union Pacific Railroad, the current property owner, has completed cleanup of hazardous substances and will monitor the site.

5. Emergency Response Program. Emergency cleanups were completed at more than 1,100 illegal methamphetamine drug labs during the reporting period. In providing law enforcement officials with technical expertise and assistance in removing hazardous chemicals from these labs, DTSC helped address a serious threat to the environment and public health. Cleanups were conducted at 59 sites other than drug labs, including an emergency removal action at the Gibson Used Oil facility in Bakersfield.

6. Hazardous Waste Issues at Westley Tire Fire. DTSC provided a broad range of environmental protection activities at the Filbin Tire Fire in Westley, Stanislaus County, in September. Initially, an emergency removal action was carried out by DTSC to drain pyrolitic oil being generated by the burning tires from an onsite retention pond that was quickly filling up. DTSC also coordinated emergency response work to identify an appropriate facility that could handle the waste oil and provided assistance to Cal/EPA and other agencies involved with this project to develop an environmental investigation plan for the site.

7. Environmental Fees. DTSC won a summary judgment on Morning Star v. State Board of Equalization and DTSC. The plaintiffs challenged the constitutionality of Health and Safety Code 25205.6, which established the environmental fee on California corporations with 50 or more employees. The case is valued at approximately $18 million.

8. Military Facilities. The DTSC Office of Military Facilities conducted environmental assessment and protection work on dozens of active and closed military bases throughout the state. Two of the most significant activities in the reporting period were:
   • In August, DTSC signed an agreement with the U.S. Navy to ensure full environmental cleanup and protection work at the Tustin Marine Corps Air Facility in Orange County.
   • In September, DTSC completed negotiations and signed an agreement with the Presidio Trust to provide continued regulatory oversight of the Presidio’s hazardous substance investigation and cleanup work at the former Presidio of San Francisco Army Base.

9. Laboratory Accreditation. In July, California’s Department of Health Services was granted laboratory accrediting authority under the new National Environmental Laboratory Accreditation program. DTSC negotiated a formal contract to approve the hazardous waste test methods and provide expertise and consultation to this important program.

10. Environmental Technology Verification (ETV) Program. DTSC coordinated with U.S. EPA on pilot projects to test and verify the performance of new environmental technologies that hold promise for innovative, new approaches to waste treatment, recycling and pollution prevention. DTSC worked on the verification of the Katec aerosol can recycling system, Rayovac’s renewal rechargeable alkaline household battery system and Smartsonic’s aqueous based printed circuit board cleaner. All three of these technologies promote the reduction of the generation of hazardous wastes.

Priorities for First Half of 2000

1. Comprehensive Enforcement Initiative. DTSC will strengthen the enforcement component of its regulatory program through enhanced use of hazardous waste manifest data for investigative and enforcement purposes, and through the expanded use of this information by prosecutors, Certified Unified Program Agencies (CUPAs), and other federal, state and local environmental enforcement agencies. Specifically, DTSC will continue to train and give guidance to CUPAs in order to achieve seamless enforcement of hazardous waste laws in California; increase the use of electronic technology to target generators and facilities that are potentially operating in violation of hazardous waste laws and regulations; focus on making sure facilities and onsite treatment operations provide adequate financial assurance to deal with any residual wastes so that communities and the general public do not bear the cost of cleanup; and improve responsiveness to complaints through a new electronic logging and distribution system.

2. Children’s Environmental Health Initiative. A major focus for DTSC will be to support a comprehensive, multimedia approach to address children’s health issues. In this capacity, DTSC will provide technical assistance related to the cleanup of hazardous substances at existing and potential public schools. The first half of 2000 will see initial implementation of SB 162 (Escutia) and AB 387 (Wildman), which require DTSC to ensure a rigorous environmental review or cleanup process for properties throughout the state that are under consideration as a public school site. Increased public participation and health risk assessment activities will be conducted as part of this initiative. DTSC will also finalize a master agreement with the Los Angeles Unified School District for the oversight and investigation of nearly 50 proposed and existing school sites.

3. California-Mexico Border Pollution Initiatives. To address growing pollution problems in the border region, DTSC will enhance and expand its existing work to improve the border environment and public health. Specific activities will focus on pollution prevention projects, compliance strategies, and additional training for industry and government officials on proper hazardous waste management practices, including those associated with transport and handling of the more than 11,000 tons of hazardous wastes shipped into California from Mexico each year.

4. Hazardous Waste Site Permitting, Inspection and Cleanup Activities. During the first six months of 2000, DTSC expects to conduct inspection, compliance, corrective action, permitting and closure activities at approximately 500 facilities. In addition, cleanup work is projected at more than 100 hazardous waste sites, 50 military facilities and 1,000 clandestine drug labs. Progress will also be made to complete the few remaining backlogged permit and closure projects.

5. Community Assistance Centers. As envisioned in the new State Superfund Program, DTSC will expand its public participation activities with the establishment of a new Community Services Office prior to July 2000. The office will provide online informational services as well as other resources for the public on general hazardous waste issues, site specific projects, and other environmental programs. To facilitate the ability of the public to access a full range of information as part of this effort, DTSC will utilize its four regional offices and will establish a pilot program to provide Internet access to community groups involved in its decision-making process.

6. Resource Leveling. In order to better respond to emerging environmental issues and prioritize work projects, DTSC will undertake internal actions aimed at breaking down the barriers that currently exist between its various programs in order to increase the effectiveness and utilization of staff and other resources. This will include improved collaboration between the Site Mitigation and Hazardous Waste Management programs in site cleanups and enforcement work. DTSC will also be working to improve coordination with its sister agencies within Cal/EPA to attain more consistent cleanup work and standards for the safe management of air, water and wastes.

7. Recyclable Hazardous Wastes, Implementation of SB 606. The enactment of this legislation provides DTSC with the ability to better track recyclable hazardous wastes and develop an improved, automated reporting and tracking system for the transport of hazardous wastes. These activities, which will begin in early 2000, will provide opportunities to make hazardous waste recycling more efficient and promote its use, as well as ensure more accurate accountability of hazardous wastes throughout the state.

8. Hazardous Waste Fees. Pursuant to Governor Davis’ direction, a fee advisory panel has been convened by DTSC to review the adequacy of the current Hazardous Waste Management Program fee structure and future funding of DTSC. Participants include approximately 40 representatives from industry, environmental groups, labor unions and the Legislature. In the coming months, a package of proposals will be developed to address DTSC’s funding needs and the needs of the legislative, regulated, environmental and employee communities. This fee package will be submitted for consideration to the Legislature.

9. New Internet Web Site and Public Outreach Efforts. DTSC will have a new, redesigned Web site in early 2000, with features that will allow the public and regulated community to obtain expanded information on hazardous waste sites and facilities, as well as more comprehensive information about DTSC projects, initiatives, accomplishments and resources. In addition to the new Web site, additional efforts will be focused on outreach and informational activities to students, the public and the regulated community through Earth Day events, trade shows and conferences, and through the work of the regional Duty Officer program.

10. Regulatory Field Activities at Hazardous Waste Facilities and Contaminated Sites. Additional resources and staffing will be directed to better protect DTSC employees from physical, chemical, and biological hazardous substances encountered in the course of field investigation and compliance activities carried out at hazardous waste facilities and sites. Improvements in this area will not only meet DTSC’s obligation to provide and maintain a safe and healthful workplace for its employees in the field, but also allow hazardous waste cleanups, inspections and other important activities to proceed in a more expeditious manner.

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