2000 Accomplishments and Priorities

Department of Toxic Substances Control

The Department of Toxic Substances Control (DTSC) regulates hazardous waste facilities and oversees the cleanup of hazardous waste sites in California. Protection of public health and the environment is the focus of all DTSC programs, and the Department's permitting, site cleanup, pollution prevention, environmental technology certification, public participation and education activities are driven by this commitment.

Accomplishments during the Second Half of 2000

1. Brownfields - Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) Program. Governor Davis signed SB 667 on September 29, 2000. The provisions of SB 667 provide the guidelines for the CLEAN Program and how DTSC is to use the $85 million that was appropriated in the 2000/01 Budget Act. The CLEAN Program provides low-interest loans to investigate and clean up hazardous materials at underutilized urban properties. DTSC drafted emergency regulations and loan application forms, met with stakeholders, began marketing and outreach efforts, and had discussions with other state agencies regarding partnerships to promote and administer the program.
2. California-Mexico Border Pollution Initiatives. DTSC participated in numerous meetings between representatives of Border States, the Mexican Federal Environmental Enforcement Agency and the U.S. Environmental Protection Agency. Training and workshops have been held to provide information regarding Mexican, U.S. and California regulations and requirements for import and export of hazardous waste.
3. Hazardous Waste Manifesting/Hazardous Waste Tracking System (HWTS). DTSC completed the Request for Proposal to develop and implement an updated Internet-based system for reporting and tracking hazardous waste shipments, and with the Request for Proposal solicited bids. DTSC received and evaluated five different proposals. The selected proposal will provide an Internet-based hazardous waste manifesting system, electronic manifest data file transfer capabilities, updated generator, transporter, and facility information tracking, automated processing of manifest data, including correction processes, a data warehouse for information storage, standardized reports, and a reporting utility. The Department of General Services’ Office of Procurement has published the Intent to Award Notification and the Feasibility Study Report has been completed and submitted to the Department of Information Technology for review.
4. Enforcement. DTSC enforcement activities included:

• Phibro-Tech, Incorporated (PTI). A schedule for compliance on consent was issued to PTI for exceeding its permitted hazardous waste storage capacity and for storing wastes in unauthorized areas at its Santa Fe Springs facility. The facility is operating under the compliance schedule, which became effective in July 2000. DTSC is proceeding with an enforcement action in response to the violations.
• AAD Distribution and Dry Cleaning Services. DTSC has conducted extensive surveillance and enforcement activities at the facility’s Vernon location and at several other locations in California where the company stored hazardous wastes illegally. In November 2000, DTSC issued a permit revocation, temporarily suspending the company’s hazardous waste permit for storage and treatment of hazardous waste generated in dry cleaning operations.

• American Recovery, Incorporated (ARI) and A-American Environmental (AAE). An enforcement order was issued to ARI and AAE July 2000. AAE was cited for eight violations of the Hazardous Waste Control Law.
• Task Force Support and Special Investigations Branch. The branch provided technical support to more than 40 environmental task forces throughout the state resulting in six criminal referrals. Of the 36 'complex cases' referred to the branch, two were referred to the Attorney General for prosecution, seven were reclassified, five were investigated and closed, a permanent injunction was ordered for one and another was terminated by administrative order. The Branch also supported several investigations of the Cal/EPA cross-media enforcement unit, including one referral to the local district attorney for prosecution.

5. Pollution Prevention. The work plan required by SB 1916 of 1998 was completed and approved by the Governor’s Office targeting Vehicle Service and Repair for the small business sector, and Petroleum Refineries for the large business sector. DTSC is now implementing the plans. The pollution prevention program explores partnerships under the Vehicle Service and Repair Industry with Ford, Toyota, NAPA Auto Parts, AAA, and others.
6. Financial Responsibility of Hazardous Waste Facilities. DTSC continues to evaluate the financial assurances provided by hazardous waste facilities to ensure that sufficient financial resources exist to close the facilities and clean up any hazardous wastes. DTSC has been monitoring the bankruptcy proceedings of Safety-Kleen, a corporation that operates several hazardous waste facilities in California.
7. Analogous Project 2000. DTSC and U.S. EPA have been conducting environmental compliance audits, otherwise known as the Analogous Project, at numerous high-priority facilities undergoing corrective action. The Regional Water Quality Control Boards (RWQCBs) and DTSC's Site Mitigation Program (SMP) are overseeing activities at these facilities. The objectives of the 2000 Analogous reviews have changed to include the Environmental Indicator (EI) status of the facilities. The new goals include:

• Documents are available in electronic formats, including the Internet.
• Develop and implement recommendations regarding the EI status of facilities and apprise management of the likelihood of the facilities meeting the national GPRA goals.
• Document new RCRA-analogous activities into the national RCRA Information System (RCRIS) database.
• Develop and implement recommendations regarding old and new non-analogous activities.
• Evaluate the cleanup activities to ensure RCRA corrective action program objectives are met.

8. Universal Waste Rule. The California Universal Waste Rule is proceeding towards adoption of permanent regulations. The final regulation package was submitted to the Office of Administrative Law (OAL) in December for a 45-day public review. The emergency regulations will be effective until early March 2001.
9. Data Management Project. Data has been collected, organized and entered into a database program as the first step in the development of a comprehensive database of permitted facilities and potentially responsible parties.
10. Naturally Occurring Asbestos. DTSC has been working on the U.S.EPA-funded Garden Valley Discovery project whose goal is to identify potential sources of naturally occurring asbestos that could release fibers into the air. The Air Resources Board, working in cooperation with DTSC, conducted air monitoring at three locations in the community and at the two quarries. These results are being analyzed.
11. Complaint Hotline. DTSC’s Statewide Compliance Division completed the transition of the Complaint Hotline calls from the Task Force Support and Special Investigations Branch. Approximately fifteen complaint calls are received daily.
12. Emergency Response Program. Emergency removal actions were completed at 980 drug labs and 65 other sites throughout the State. A major removal action at Gibson Environmental in Bakersfield to empty and demolish several large waste oil storage tanks is scheduled for completion in early 2001.
13. State Superfund Program. Among the most notable accomplishments for DTSC’s State Superfund Program were:

• Casmalia Resources Facility. Technical work continues to focus on the construction of caps for the five landfill units at this former hazardous waste landfill. Corrective work on one cap continues and the final designs for the other caps are nearing completion.
• Stringfellow Acid Pits. Comments have been received on the draft Supplemental Feasibility Study Report that will include a recommended plan for remediation of the site. U.S. EPA will incorporate this recommended plan into a final Record of Decision (ROD 5).
• Westley Tire Fire. DTSC conducted an initial characterization of soils, burned tire debris, and groundwater, and a geophysical survey to determine the extent of buried tires and debris. DTSC provided oversight of removal of oil-contaminated sludge from one of the site ponds and conducted its own removal of the same type of contaminant in two other ponds. A public meeting and elected officials briefing were provided for the removal actions. Concurrently, DTSC reached a partial settlement with one potentially responsible party and a full settlement with another, and provided assistance to other state agencies involved in the cleanup activities.

14. Hazardous Waste Facility Permitting.

• Sierra Army Depot. Four public hearings have been held in Nevada and California for the Sierra Army Depot permit and draft Environmental Impact Report. A draft response package to comments received through oral testimonies and written comments has been released. A 30-day ambient monitoring program has been completed. The data will be used as a tool to complete the permit and EIR process.

DTSC staff are also working with the Paiute Indian Reservation and the State of Nevada during the completion of the permit process. Nevada officials have invited DTSC staff to a meeting with Army officials in January to discuss the strategies for the treatment of the munitions on site.

• Variances. Seven variances have been issued that allow the California Department of Transportation (CalTrans) to excavate, stockpile, transport, and reuse contaminated soil. The CalTrans activities will take place on state-owned highway. rights-of-way within the following seven CalTrans Districts: District 4 (San Francisco Bay Area), District 6 (Fresno, Kern, Kings, Madera, and Tulare Counties), Districts 7, 8, and 12 (Los Angeles Basin), and District 11 (San Diego metropolitan area). Each variance was issued for a term of five years. A negative declaration under CEQA was developed and approved for these projects.

15. Certification of Environmental Technologies. DTSC has evaluated and certified the performance of hazardous waste related environmental technologies.

• DTSC certifications during the last six months:
• Benthic Flux Sampling Device. Developed by the U.S. Navy, this is a site characterization technology for determining the transfer rate of metals from contaminated sediments into the sensitive waters of bays and estuaries.
• Site Characterization and Analysis Penetrometer System (SCAPS) Hydrosparge Sensor. This equipment provides in-situ, real-time analyses of volatile organic compounds in groundwater.
• SCAPS Thermal Desorption Sensor. This equipment provides in-situ real-time analyses of volatile organic compounds in subsurface soils to depths of up to 80 or more feet.
• Fluorometer. This equipment continuously measures petroleum-derived pollutants.
• Formaldehyde Destruction. This is a technology that chemically destroys formaldehyde in hospital and lab wastes.

• Interstate Technology and Regulatory Cooperation. A forum that offers state regulators the ability to collectively learn about new and innovative environmental technologies. The ITRC Work Group now includes 38 states as members. Activities of DTSC staff in the ITRC include: In Situ Bioremediation Task Group. DTSC staff led ITRC’s In Situ Bioremediation Task Group and filled the roles of state engagement coordinator and state point of contact for California. Training. Development and implementation of 12 Internet-based training sessions, reaching 2,300 students in 17 countries and 49 states. Training modules allow ITRC to offer Internet-based training 2 to 3 times monthly. Two classroom-style training classes for bioremediation and phytoremediation are in development as well.

16. Public Participation. A significant effort was made to increase the level of public outreach during the past six months due to the expansion of the public participation program and a renewed focus to provide more information to communities. More than 350,000 community members and interested parties were informed about the DTSC's activities resulting in the following achievements:

• Tripling the number of public meetings.
• Doubling the number of fact sheets and public notices.
• A 70 percent increase of Restoration Advisory Board meetings at closing military installations.
• Doubling the number of public participation plans.

17. Environmental Justice. DTSC's environmental justice working group developed a department policy and designed specific elements for program implementation including:

• Translation services for outreach documents including fact sheets, public notices and background documents.
• A Web site link to federal and state environmental justice Internet resources.
• Training for department employees.

18. Public Health Goals. Under contract to OEHHA, DTSC completed public health goals (PHGs) for 1,1 dichloroethane, 1,1,2-trichloroethane and cis 1,2-dichloroethylene.
19. Schoolsite Assessments. DTSC completed the review and evaluation of 240 Phase I Environmental Assessment reports and 26 Preliminary Endangerment reports on properties being considered for new school construction. DTSC also provided regulatory oversight for removal actions that were completed at four potential school sites.

top

Priorities for the First Half Of 2001

1. Enforcement. DTSC will focus on the following enforcement activities:

• Administrative Penalty Assessment Regulations. DTSC will adopt regulations that govern the assessment of penalties in administrative enforcement actions.
• RCRA-Equivalent Financial Assurance Regulations. DTSC will adopt regulations that allow California to maintain its Resource Conservation Recovery Act (RCRA) authorization for financial responsibility.
• Financial Assurance Evaluations. DTSC will continue to evaluate financial assurance instruments used by hazardous waste facilities to verify adequate coverage for third party liability, as well as adequate financial resources to cover closure and post-closure costs.
• Enforcement initiatives. DTSC will continue to assess specific industrial sectors to identify violations and ensure compliance.
• California-Mexico Border. DTSC will continue its efforts with Cal/EPA, U.S.EPA and other agencies to develop a collaborative U.S./Mexico plan that addresses environmental issues in and near communities along the border.

2. Capacity Assessment and Data Management. DTSC will develop a comprehensive hazardous waste management facilities data system including detailed information on facilities’ capacity and their ability to meet the current and projected waste management needs. This database will enable the DTSC to continuously assess the State’s needs and support legislative, industrial, State and local government efforts to meet them.

3. Post-closure Permitting. DTSC will focus on the issuance of post-closure permits to closed hazardous waste facilities. Many of the facilities that require post-closure permits began operations before the current protective siting, design, treatment, and operation standards were promulgated. They typically include unlined units, contain insufficiently identified wastes, are located in seismically sensitive areas and/or have the potential to degrade public water supplies. Post-closure permit issuance will provide for continuous financial assurance, maintenance, and monitoring to prevent undesirable impacts of these substandard facilities.
4. Naturally Occurring Asbestos. In the next six months, DTSC expects to receive the results from the Garden Valley sampling efforts, compile a summary report and present results to the Garden Valley community through fact sheets and public meetings. Using funds from U.S.EPA, air monitoring will continue within the community to collect information on winter, spring and summer conditions. DTSC staff will continue to participate in coordination meetings and review information gained from national studies on investigating releases, assessing exposure and evaluating risk from naturally occurring asbestos releases.
5. Brownfields. DTSC anticipates accomplishing the following Brownfield projects in the next six months:

• Hercules Properties. A prospective purchaser agreement will be completed with the Bixby Company for a 167-acre former state Superfund site in Hercules, Contra Costa County. The proposed mixed use development will generate approximately $2 million per year of property taxes, adding 207 single-family housing units and 840 multi-family home and live/work units which will reduce Hercules' housing demand. The development will also include office and commercial/retail buildings.
• Agnews West Development. Remediation of the approximately 177-acre Agnews West site will be completed in accordance with the two approved final remedial action plans and the two voluntary cleanup agreements for the site. The Agnews West site is owned by the state. Following remediation, the site will be developed into single and multi-family residences, a school, park, hotel, fire station, police substation, public library, day care facility, electric substation, offices, research and development facilities, private and non-profit facilities, and commercial and mixed use facilities.
• Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) Program. DTSC anticipates beginning the adoption process for the permanent regulations, continuing marketing and outreach efforts, finalizing arrangements to administer the program, and begin accepting applications and issuing loans.
• California Screening Levels. To assist in the assessment and potential development of brownfield sites as well as other contaminated properties, DTSC will work to develop draft levels for lead, DDT and total petroleum hydrocarbons (three commonly encountered contaminants). These are to be used as levels of contamination in soils that will require some type of cleanup action, and below which no action will be required to develop the site.

6. Constituency Outreach Campaign. DTSC will target audiences impacted by the DTSC's activities, such as parents and teachers organizations, non-profits, industry and business groups, State and federal agencies and academic institutions. The goal is to create a two-way information flow between DTSC and the constituencies it serves. Initial implementation of the campaign involves:

• Reorganization of DTSC’s educational program.
• Department-wide update of educational materials, fact sheets, and background documents.
• Staff recruitment and resource development to upgrade outreach materials and provide more information to educators, community groups, industry and other public interest groups.
• Enhanced efforts to coordinate more effectively with academic institutions to provide information resources and collateral products.

7. Schoolsite Assessment. DTSC anticipates completing additional guidance for new school properties including guidance on assessment for radon, naturally occurring asbestos, natural oil fields and former dairy farms. In addition, DTSC will continue to review and evaluate Phase I Environmental Assessment and Preliminary Endangerment reports.
8. Environmental Technology Verification (ETV) Program. DTSC conducts one of the twelve pilots chosen by the U.S.EPA to test and verity the performance of environmental technologies. During the next six months, DTSC will be completing its evaluation for national verification a number of innovative technologies that generate less waste and address significant environmental management concerns.
9. Petroleum Refinery Pollution Prevention Project. DTSC will develop a facility profile that assesses the 'environmental footprint' for each refinery in the state. This effort will require the collection of site specific information from various Cal/EPA boards and departments and publicly available facility production information. The profile will be developed for 22 refineries in the state.
10. Data Management Project. DTSC Permitting Division staff will continue to develop a consolidated database system of multiple, linked database files for essential facility status information. DTSC anticipates issuing a formal Request for Proposals in early 2001.
11. Hazardous Waste Manifesting/Hazardous Waste Tracking System (HWTS). Complete Business Systems, Incorporated (CBSI) has been chosen as the implementation contractor for the HWTS. DTSC expects to sign the contract in February 2001, with the development starting immediately thereafter. CBSI has proposed an aggressive development timeline with a projected system completion date in late August 2001. DTSC will also be working with CBSI and U.S.EPA during implementation to take advantage of system expansion opportunities in DTSC’s Permit Processing and Enforcement Tracking areas, as funding permits.
12. Internet Web Site. DTSC’s Internet Web site development remains a goal for the first half of 2001. DTSC will implement the structural guidelines developed by the Governor’s Office.

top

Back to Report of Accomplishments & Priorities