Welcome to the State of California

Accomplishments & Priorities - Semiannual Report

Department of Toxic Substances Control

July 2001 - December 2001

The mission of the Department of Toxic Substances Control (DTSC) is to restore, protect, and enhance the environment to ensure public health and environmental quality and economic vitality, by regulating hazardous waste, conducting and overseeing cleanups, and developing and promoting pollution prevention.

To fulfill its mission, the DTSC has divided its responsibilities into four primary program areas: site mitigation; hazardous waste management; pollution prevention, technology development and environmental science; and external communications.

Site Mitigation Program

DTSC’s Site Mitigation Program is responsible for the cleanup of contaminated sites in California by either ensuring that those responsible for the contamination take all necessary actions or performing those actions itself. Many of these sites were former industrial plants, military bases, small business properties, or landfills contaminated with hazardous waste. The Site Mitigation Program is focused on a variety of issue areas, including brownfields, school sites, State and federal Superfund sites, military sites, and emergency response.

Brownfields and CLEAN Programs

Brownfield sites are properties contaminated (or thought to be contaminated) that are often underused because of potential remediation costs and liability concerns. DTSC has placed special emphasis on brownfields to encourage developers and others to clean up these sites rather than use greenfield (not previously used) properties for their development projects. In addition to its technical programs, DTSC also implements the Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) and the Investigating Site Contamination Program (ISCP) loan programs. These loan programs, sponsored by the Governor and enacted by the Legislature in 2000, were designed to provide low-interest loans to stimulate developer interest in brownfield properties. DTSC began accepting loan applications in 2001.

For additional information on brownfields efforts, also see brownfields information on page 97 under the Office of the Secretary.

Accomplishments

1. CLEAN Program: Chapter 548, Statutes of 2001 (AB 254, Frommer) made changes to the CLEAN program to enhance the marketability of the loan programs. These changes lengthen loan repayment terms; allow other forms of collateral; and enable regional water boards, the State water board, and DTSC to conduct oversight at properties receiving loans. The changes will also promote local government and redevelopment agency participation in the program. DTSC adopted emergency regulations to implement the recent statutory changes and has proposed permanent regulations. DTSC has approved the following loans:

· Crossroads Investors Site, City of Murrieta, Riverside County: The site is a former battery storage facility and has been approved to receive a $750,000 CLEAN loan. The site is to be developed into single-family residential housing.

· Angeles Chemical Site, Santa Fe Springs, Los Angeles County: DTSC approved a $950,000 CLEAN loan for Greve Financial Services, Incorporated, to investigate and clean up the former Angeles Chemical facility. The site is to be developed into a new industrial site.

· Sun Chemical Site, Los Angeles, Los Angeles County: DTSC approved a $1 million CLEAN loan for Butterfield Trails to investigate and clean up the former Sun Chemical Company facility in South Los Angeles. Potential future land use includes either light industrial/warehouse or mixed-use commercial/residential.

· Habitat for Humanity, Oakland, Alameda County: DTSC approved a $270,000 CLEAN loan to clean up a site in Oakland for a major Habitat for Humanity housing project.

· Marina Bay, Richmond, Contra Costa County: DTSC approved a $1.5 million CLEAN loan to the City of Richmond Redevelopment Agency to clean up two of the last undeveloped parcels of the former Kaiser Shipyard. The site will be redeveloped into mixed-use residential, open space, and commercial facilities.

· Walker Chrome Facility, Vacaville, Solano County: DTSC approved a $650,000 CLEAN loan to the City of Vacaville Redevelopment Agency to clean up one of the last remaining former industrial properties in Vacaville’s redeveloped downtown area. The city plans to redevelop the site into a commercial mixed-use development.

2. Brownfields Sites:

· Rivermark Development, Santa Clara County: The Rivermark Development Company, under the oversight of DTSC, performed the cleanup and removal of an estimated 371,000 cubic yards of soil to “residential” cleanup levels as part of the Agnews State Hospital site. (Much of the soil was safely reused on a CalTrans project on Highway 237.) Once completed, this cleanup will pave the way for development of single- and multifamily homes, a school, and other commercial facilities.

· Lorentz Barrel and Drum, Santa Clara County: This five-acre federal Superfund site is a former drum reconditioning facility. DTSC and U.S. EPA signed prospective purchaser agreements with the developer to ensure completion of cleanup activities at the site. The 10th Street Land Management Corporation plans to redevelop the property for commercial use and construction vehicle parking during construction in downtown San Jose.

· Cornfields Site, Los Angeles County: The California Department of Parks and Recreation received a $40 million appropriation to purchase and clean up the 32-acre parcel and develop it into a park. DTSC signed a voluntary cleanup agreement with the Department of Parks and Recreation for DTSC oversight of the remedial activities at the site.

Priorities

1. CLEAN Loan Program: DTSC will oversee site investigations and cleanup actions for sites that have received CLEAN loans. With the loss of the remaining CLEAN Loan funds, DTSC will work with U.S. EPA, the Department of Housing and Urban Development, and other brownfields organizations to identify other sources of money that the CLEAN loan program can administer.

2. Brownfields Sites: DTSC will continue to streamline cleanup processes and expedite decision making related to brownfields sites to assist in coordinating development timelines with cleanup requirements.

3. Environmental Insurance: With Cal/EPA and MGP Environmental Partners, DTSC will develop the FAIR Program, including conducting workshops and receiving public comment to develop the requests for proposal to select the insurance company or companies to provide environmental insurance products in the state.

Cal/EPA-Mandated School Sites Program: School Properties

State laws require all proposed school sites that will receive State funding for acquisition or construction to go through a rigorous environmental review and cleanup under DTSC’s oversight. DTSC works with school districts to ensure that all new school properties, including expansions, are environmentally safe. While investigation of existing school sites was not covered in legislation, a number of school districts have requested assistance from DTSC for environmental oversight of the investigation and remediation.

Accomplishments

1. Statewide Schools Environmental Assessments: DTSC reviewed and provided determinations on 101 phase I site assessments and 112 preliminary endangerment assessments (PEA) submitted by approximately 260 school districts. In addition, staff completed 2 remedial investigations, 5 removal action workplans, 7 California Environmental Quality Act (CEQA) review documents, 7 removal actions, and 4 certifications.

2. Pilot Project to Assist Financially Strapped School Districts: Under the U.S. EPA core grant, DTSC conducted a pilot project to help financially strapped school districts conduct PEAs for proposed school sites. PEAs require between six weeks and four months to complete, and costs range from $39,000 to $75,000. DTSC used its contractor to investigate the proposed Paramount Elementary School in South Gate and the proposed Cockatoo Middle School in Hawthorne.

3. Guidance Documents: DTSC has developed several advisories and fact sheets for school districts and contractors preparing assessment and investigation reports. They address specific contaminants frequently encountered at proposed school sites. The documents included:

· Fact Sheet: Update on School Site Environmental Review Process: AB 972, November 2001.

· Fact Sheet: Information Advisory, Clean Imported Fill Material, October 2001.

· Phase I Environmental Site Assessment Advisory: School Property Evaluations, September 2001.

· Interim Guidance for Evaluating Lead-Based Paint and Asbestos-Containing Materials At Proposed School Sites, July 2001.

4. School Cleanups: DTSC oversaw removal actions at the following sites:

· Burbank Elementary (Terminix), San Bernardino County: Approximately 8,800 tons of soil contaminated with dieldrin, DDE, and chlorodane were excavated and removed from the playground area.

· Montgomery Ward Elementary (aka Chavez), Alameda County: Approximately 480 cubic yards of total petroleum hydrocarbon- (TPH) impacted soil and 675 cubic yards of polychlorinated biphenyls- (PCB) and lead-impacted soil were excavated and removed. In addition, Oakland Unified also discharged approximately 90,000 gallons of TPH-impacted water to the sewer under a special discharge permit authorized by East Bay Municipal Utility District.

· California Fashion Industries (aka Accelerated), Los Angeles County: Approximately 595 tons of arsenic and lead contaminated soil was excavated and removed from the site.

· Ernesto Galarza Elementary, Santa Clara County: Approximately 1,000 cubic yards of pesticide-contaminated soil was excavated and removed.

· Valle Lindo Continuation High School Expansion, Los Angeles County: Approximately 350 tons of arsenic contaminated soil, 360 tons of dioxin contaminated soil, and 230 tons of TPH-contaminated soil were removed from the school classroom areas.

· Etiwanda Elementary School, San Bernardino County: Approximately 160 tons of lead-contaminated soil was excavated and removed from the site.

· Clearlake Community School, Lake County: Approximately 226 cubic yards of arsenic-and mercury-contaminated soil was excavated and removed.

Priorities

1. Statewide Schools Environmental Assessments: DTSC anticipates completing 60 phase I site assessments, 65 preliminary endangerment assessments, 4 remedial investigations/
feasibility studies (RI/FS), 7 removal action work plans, 7 CEQA review documents, 7 removal actions, 7 certifications, and 2 operations and maintenance plans. Additionally, DTSC will work with the Los Angeles Unified School District to complete environmental assessments for 85 properties before June 30, 2002.

2. Belmont Learning Complex: DTSC will work with the Los Angeles Unified School District to review three proposals submitted in October for environmental remediation and monitoring at the Belmont Learning Complex. The selected consultant will prepare the RI/FS.

Military Sites

California has one-third of the closing military bases in the country and more than 1,000 former defense sites. DTSC is currently involved in investigating, cleaning up, or providing technical assistance at more than 160 current or former military installations statewide. DTSC has also provided guidance and consultation for 23 former military bases and defense sites and for 15 open bases not scheduled for closure.

Accomplishments

1. Fort Ord, Monterey County: Working with DTSC to address environmental concerns, the U.S. Army transferred a 71-acre parcel to the Fort Ord Reuse Authority and the City of Marina in October. The U.S. Army and DTSC signed a land-use covenant to prevent residential use of property that may contain unexploded ordnance. (This covenant is binding on all parties concerned.)

2. Tourtelot, Benicia, Solano County: DTSC approved the final remedial action plan and environmental impact report for the cleanup of ordnance, explosives, and other hazardous substances at the Tourtelot property in December. Post-cleanup plans include developing the site for housing and a regional park.

3. Marine Corps Air Station, El Toro, Orange County: DTSC, the local water districts, the U.S. Navy, and the U.S. Department of Justice signed a settlement agreement for the Desalter Plant, completing negotiations that began in 1994. The plant is an essential element in cleaning up groundwater contaminated by solvents from aircraft maintenance, which extends three miles from the boundary of the base. A proposed plan to clean up groundwater contamination was released for public comment in November 2001.

4. Long Beach Naval Complex, Los Angeles County: DTSC approved a transfer of Parcel 1 at the former naval station. DTSC also signed a land-use covenant with the U.S. Navy that allows the Navy to convey the 274-acre parcel to the Port of Long Beach for use as a marine container terminal.

Priorities

1. National Munitions Response Committee: DTSC’s Office of Military Facilities is co-chairing a national effort (which includes the National Association of Attorneys General, the Department of Defense, and U.S. EPA) to reach a consensus on how to clean up closed military ranges. The goal is to produce national guidance to help cleanup teams as they attempt to remove or clear unexploded ordnance from these areas.

2. Mare Island Naval Shipyard, Solano County: The U.S. Navy will transfer part of the former shipyard to the City of Vallejo and Lennar Mare Island in January 2002. Lennar Mare Island will be responsible for cleanup of hazardous substance releases at the site, and the Navy will pay the $80 million cleanup cost. DTSC has entered into a cleanup consent agreement and will sign a land-use covenant to allow the early transfer of the property.

3. Naval Station, Treasure Island, San Francisco: DTSC anticipates that the U.S. Navy will finalize an engineering evaluation/cost analysis and remedial action plan for soil remedial actions in occupied and unoccupied areas at Site 12.

State Superfund Program

California’s Superfund program works on the state’s most contaminated sites that are not listed on the federal national priorities List. Under this program, DTSC also uses State funds to clean up “orphan” sites (sites where responsible parties no longer exist or do not have sufficient funds to pay for cleanup activities).

Accomplishments

1. Westley Tire Fire Site, Stanislaus County: DTSC is working with the California Integrated Waste Management Board and the Central Valley Regional Water Quality Control Board to investigate and remediate the site of a large tire fire in Westley, California. DTSC completed site characterization, air sampling, and an interim cleanup plan. In November, contractors began what is expected to be an 18-month effort to remove approximately 180,000 cubic yards of burned tires, ash, and contaminated soil. Efforts to characterize the groundwater beneath the site began in December.

2. Alhambra Combined Facility Site, Los Angeles County: DTSC is overseeing Southern California Edison’s Alhambra combined facility site under the expedited remedial action program. DTSC approved a remedial action plan to install an in-situ thermal desorption system to treat 15,000 cubic yards of soil contaminated from wood-treating operations. Field activities are to begin in January 2002 and end by December 2002. The use of this innovative technology solution that destroys the contamination will provide a permanent remedy for the site rather than leaving contamination in place and maintaining the site in perpetuity.

3. Midway Village and Bayshore Park, San Mateo County: A gas manufacturing plant contaminated this low-income housing project and adjacent community park. In July, DTSC approved modifications to the final remedies for both properties to remove all contamination in the upper five feet of landscaped areas at Midway Village and the upper two feet of soil in Bayshore Park. DTSC backfilled the excavated area with clean soil and completed re-landscaping in December.

4. Kaiser Steel, San Bernardino County: DTSC approved a preliminary endangerment assessment for the western portion of the site-a former steel mill-to allow the development of approximately 250 acres. Developers view this parcel as prime industrial/commercial property.

5. J&S Chrome Plating, Los Angeles County: DTSC began site characterization using State orphan site funds. Because of its proximity to the Suva School, the project is of significant public interest. Previous interim cleanup measures were designed to ensure that the site does not pose a threat to those at the Suva School.

6. University of California, Riverside County: Under DTSC oversight, contractors excavated 22,708 cubic yards of potentially contaminated soil. Thermal treatment of pesticide-contaminated soil is ongoing.

7. Cudahy City Park, Los Angeles County: DTSC initiated site characterization activities to define the extent of contamination using State orphan site funds. DTSC conducted initial soil sampling at the Cudahy City Park. Results show elevated levels of polynuclear aromatic hydrocarbons and metals in the subsurface soil.

8. Trotter Apartments, Los Angeles County: DTSC conducted an emergency removal of approximately 100 cubic yards of surface soils to prevent lead exposure to residents at this four-unit apartment complex.

9. William Mead Homes, Los Angeles County: DTSC and the Housing Authority of Los Angeles signed a consent order requiring the authority to complete a remedial investigation/feasibility study (RI/FS) and to clean up the site.

Priorities

1. Garden Valley Discovery Site, El Dorado County: DTSC, U.S. EPA, and the U.S. Department of Transportation (Volpe Center) plan to conduct an air assessment of asbestos emissions from serpentine roads in the community. DTSC will also begin testing the effectiveness of resurfacing serpentine roads to reduce asbestos releases. The results may resolve analytical issues with previous soil sampling results.

Federal Superfund Sites

Federal Superfund sites are sites that have been placed on the national priorities list by U.S. EPA. U.S. EPA oversees and directs investigation and cleanup activities at these sites. The State participates with U.S. EPA in these activities and is obligated to provide 10 percent matching funds towards these efforts. Once investigation and cleanup activities are completed, the State is given responsibility to monitor the ongoing operation and maintenance of the remedy.

Accomplishments

1. Stringfellow Superfund Site, Riverside County: DTSC completed identifying and sampling domestic wells downstream of Stringfellow that could be contaminated with perchlorate. At the pretreatment plant, work continues on replacing the sludge tanks and filter presses and on installing volatile organic control systems.

2. Casmalia Resources Facility, Santa Barbara County: DTSC completed the cap design for three of the landfill units, began construction of the cap on two landfill units, and completed the scoping process for facilitywide characterization. Waste discovered near the surface delayed the design of the cap for the caustic/cyanide landfill unit. Staff began work with U.S. EPA to develop a comprehensive consent decree with a large group of potentially responsible parties. The purpose of the consent decree is to fund and conduct future remediation and long-term operation and maintenance, including the cost of regulatory agency oversight.

Priorities

1. Stringfellow Superfund Site, Riverside County: DTSC will develop a conceptual plan for new pretreatment plant to meet more stringent effluent standards that the Orange County Sanitation District is considering. DTSC will also develop a preliminary design for adding
N-nitrosodimethylamine treatment to the existing pretreatment plant to meet the new effluent standard that the district may impose in 2002.

2. Casmalia Resources Facility, Santa Barbara County: DTSC will coordinate with U.S. EPA oversight of the following actions by responsible parties’ contractors:

· Completing cap construction on two of the landfill units.

· Beginning cap construction for a third landfill unit.

· Finalizing redesign and beginning cap construction for a fourth landfill unit.

Oversight includes inspection of construction work and review of design change requests due to unforeseen field conditions. DTSC will also coordinate efforts between U.S. EPA and other State agencies to collect data to evaluate potential final cleanup options. Efforts will continue to complete a consent decree between U.S. EPA, the State, and a large group of potentially responsible parties for funding and performing future cleanup work.

Emergency Response and Special Projects

DTSC has trained responders to provide immediate assistance during sudden releases or threatened releases of hazardous materials to prevent or reduce the danger to public health or the environment. Through its special projects unit, DTSC also provides oversight and technical assistance for cleanup activities that do not fit within its issue-specific program areas.

Accomplishments

1. Emergency Response Program: DTSC completed emergency removal actions at 1,179 clandestine drug lab sites and 90 other sites throughout the State. Staff also assessed the need for a time-critical removal action at a burn dumpsite in Ford City that the California Integrated Waste Management Board referred to DTSC.

2. Clandestine Drug Lab Remediation: DTSC continued efforts to develop procedures to assist local agencies in fully investigating and cleaning up illegal methamphetamine lab sites. DTSC signed an interagency agreement with the Office of Environmental Health Hazard Assessment to assemble the fundamental scientific tools necessary to address clandestine lab remediation.

3. Braito Landfill Site, Solano County: Final remedial work at the Braito site is nearing completion. Contractors used lime/cement to stabilize approximately 25,000 yards of black material and then removed it from the Blake Court area. Soil samples taken at the bottom of the excavation area showed that concentrations of all contaminants of concern were below remedial action objectives.

Priorities

1. Emergency Response Program: DTSC anticipates conducting an additional 1,100 illegal drug lab removals. DTSC also anticipates conducting approximately 50 removals at other sites not related to drug labs. Staff members will also perform site investigation work and removal actions as needed at the Ford City site.

2. Clandestine Drug Lab Remediation Project: DTSC plans to produce a brochure on public awareness of illegal drug lab site remediation issues. In addition, DTSC plans to complete a draft of site investigation and sample analysis procedures and compile toxicological data for use at these sites.

3. Braito Landfill Site, Solano County: DTSC expects to certify the completion of the site cleanup activities.

Hazardous Waste Management Program

The hazardous waste management program ensures that State and federal requirements for managing hazardous wastes are effectively implemented. The program focuses on a variety of issue areas, including permitting, enforcement, criminal investigations, and waste evaluation.

Hazardous Waste Permitting

DTSC assures the appropriate hazardous waste management by making permit determinations on facilities that treat, store, or dispose of hazardous wastes; developing regulations, guidance, and training; maintaining a database and work plan tracking; and providing geologic support services. DTSC has issued permits to more than 130 major commercial facilities. DTSC regulates an additional 5,000 businesses that conduct lower-risk treatment activities using a streamlined tiered permitting process.

Accomplishments

1. Final Permits: DTSC issued the following final permits:

· Filter Recycling Services, Inc. (San Bernardino County).

· J & B Enterprises (Santa Clara County).

2. Draft Permits: DTSC acted on the following draft permits:

· Dow (BIF) (Contra Costa County).

· J & B Enterprises (Santa Clara County).

· Romic Environmental Technologies Corporation (San Mateo County).

3. Class 2 Permit Modifications: DTSC issued the following permit modifications:

· General American Transport Company (San Bernardino County).

4. Variance Determinations: DTSC issued the following variances:

· Agilent Technologies (Santa Clara County).

5. Temporary Authorizations: DTSC issued the following temporary authorizations:

· Boeing/Rocketdyne (Ventura County).

· Pollution Control Industries (Sacramento County).

· Safety Kleen (Reedley, Fresno County).

6. Closure Plan Approvals: DTSC approved the following closure plans:

· Beale Air Force Base (Yuba County).

· Witco Corp. Golden Bear Products (Contra Costa County).

7. Closure Verifications: DTSC verified the following facility closures:

· Alameda Naval Air Station (Alameda County).

· Allied Technology Group (Alameda County).

· Robbins & Meyers, Inc. (Solano County).

Priorities

1. RSR/Quemetco, Los Angeles County: DTSC expects to complete the permit process for RSR/Quemetco following preparation of a response-to-comments document.

2. Sierra Army Depot, Lassen County: Sierra Army Depot has requested changes to its draft permit based on decisions by the U.S. Army. DTSC will discuss and develop new strategies for permit development in early 2002.

Enforcement

Through its enforcement efforts, DTSC works to ensure that hazardous waste generators, transporters, and hazardous waste management facilities meet State and federal requirements. The program monitors hazardous waste transfer, storage, treatment, and disposal facilities and takes appropriate action against handlers that violate hazardous waste requirements. The program also provides technical investigation assistance and expert testimony for civil and criminal investigations.

Accomplishments

1. The Los Angeles Jewelry District: Since August, DTSC and Cal/EPA’s Office of the Secretary have provided technical comments and guidance to the City of Los Angeles task force on the Los Angeles jewelry district. The city, in attempts to control practices and chemical uses by the jewelry manufacturing industry in a number of high rise buildings in the center of Los Angeles, formed the task force to work with the industry to define the conditions under which jewelry manufacturing could continue to take place in the buildings. The task force developed a set of “guidelines” are consistent to govern the occupancy of these buildings. State and local regulatory agencies were consulted to ensure that the guideline is consistent with all environmental regulatory requirements. DTSC provided an appendix to the guidelines that outlines the hazardous waste regulatory requirements. In addition, DTSC has been developing a series of waste- and process-specific fact sheets and pollution prevention recommendations to reduce risk and waste generation.

2. California/Mexico Border: DTSC’s border program routinely conducts truck stops at the Calexico and San Diego border crossings to monitor the import and export of hazardous wastes. DTSC entered into an agreement with San Diego County to conduct a series of pollution prevention training sessions; DTSC also had pollution prevention documents translated into Spanish for use by Mexican government officials and Mexican businesses in the border region.

3. Settlements and Enforcement Orders:

· Cenco Refining Company/Powerine Oil Company, Santa Fe Springs, Los Angeles County: DTSC and Cenco/Powerine reached a settlement in principle to resolve a civil complaint filed on DTSC’s behalf. Under the settlement, Cenco/Powerine will pay a $1 million penalty for hazardous waste violations and will remove and dispose of hazardous waste presently stored in tanks at Cenco.

· Eastman Chemical Company, City of Lynwood, Los Angeles County: Eastman Chemical agreed to pay $25,000 in penalties for violations, $5,000 of which DTSC will credit back to the company for sending an employee to California Compliance School.

· U.S. Navy, Naval Air Station North Island, Coronado, San Diego County: Naval Air Station North Island paid a penalty of $30,000 as a result of a consent order between DTSC and the facility.

· Point-of-Entry-Swift Transportation, Phoenix, Arizona: Swift Transportation paid a penalty of $17,500 to resolve a consent order with DTSC for violations observed during a point-of-entry inspection at the Port of Los Angeles.

· Ecology Control Industries (ECI), Fontana, San Bernardino County, and Richmond, Contra Costa County: ECI is an underground tank dismantling and decontamination facility. In September 2001, ECI Fontana entered into a consent agreement with DTSC. Under the agreement, ECI agreed to correct violations and to apply for a standardized permit. The Richmond facility entered into a similar consent agreement. At both facilities, previous inspections revealed numerous violations, including failure to notify DTSC of a change in ownership. Under the agreements, penalties were waived.

· Cal/EPA Dairy Initiative: DTSC assisted in investigating three ranch and dairy operations for environmental violations as part of the Cal/EPA dairy initiative.

· Masami Cattle Ranch: Masami Cattle Ranch is a subsidiary of a multinational company with a feedlot located in Corning (Tehama County). The company was found to have disposed toxic levels of animal waste into a creek that runs through the ranch. The ranch owner and manager were arrested. On November 20, 2001, the company settled the enforcement case against it for $305,000, to be paid as follows: State Water Resources Control Board, $212,660 for penalties and $32,247 in reimbursement for enforcement costs; and DTSC, $32,340 in penalties and $25,753 as reimbursement for enforcement costs.

· Lucky J Dairy: Lucky J Dairy is located in Tracy (San Joaquin County). Neighbors complained that their fields were being used for sewage disposal and that the dairy did not comply with a cleanup and abatement order issued by the Central Valley Regional Water Quality Control Board. The order required the dairy to stop discharges of waste water and corral runoff into roadside ditches and, ultimately, the San Joaquin River. On November 20, 2001, the dairy agreed to pay a penalty of $100,000 to settle the enforcement case. An additional $1 million penalty was suspended as long as the dairy complies with the injunction and has no illegal discharges for ten years.

· John Ohring, Teddie Mac Corporation, and Golden West Dairies: Final judgment was entered in favor of the people of California vs. defendants John Ohring, Teddie Mac Corporation, and Golden West Dairies, who were found to be discharging manure-contaminated water from the dairy facility. The defendants, however, submitted documentation reflecting improvements to the waste handling facility, including costs incurred to implement State agency requirements of at least $140,000. The final judgment in this civil case was signed August 20, 2001. Penalties of $20,500 are to be paid to the State Water Resources Control Board and $20,500 to DTSC.

· Pacific Treatment Environmental Services, El Cajon, San Diego County: During a routine border inspection on August 28, 1998, Pacific Treatment, a hazardous waste transporter, was found to be transporting hazardous waste in bins with holes and misfitting lids. An agreement was signed on November 28, 2001, settling the enforcement action with payment of a $4,000 penalty.

· Denova Environmental, Inc., Rialto, San Bernardino County: DTSC ordered Denova Environmental, a hazardous waste storage and transfer facility, to stop receiving, handling, or shipping any hazardous wastes off-site.

Priorities

1. Cal/EPA Multimedia Task Force: DTSC will continue to work with Cal/EPA in support of multimedia environmental cases.

2. The Los Angeles Jewelry District: DTSC will finalize and distribute its industry fact sheets. DTSC will also provide technical assistance and support to the Los Angeles County Fire Department as it inspects each of the jewelry manufacturers and takes any necessary enforcement actions to ensure compliance with the hazardous waste management requirements.

Regulations

DTSC develops and adopts a variety of regulatory standards to define hazardous waste identification and management standards, both in response to statutory mandates and to refine the scope of its regulatory programs. In addition, DTSC, in order to maintain its authorization from U.S. EPA as an authorized State program, must modify its regulations to align with changes to federal regulations.

Accomplishments

1. Mercury: DTSC held a series of public workshops to present its draft Mercury report. The report presented a variety of options for changing the hazardous waste identification criteria and management requirements for wastes containing mercury. DTSC staff, State and federal regulators, environmental groups, and industry representatives made presentations. Approximately 80 community members provided testimony.

2. Cathode Ray Tubes: DTSC submitted emergency regulations for managing cathode ray tubes as universal wastes to the Office of Administrative Law for re-adoption.

3. Universal Waste Rule: DTSC submitted its final Universal Waste Rule regulation package to the Office of Administrative Law for approval.

4. Schools Hazardous Waste Collection, Consolidation, and Accumulation Facility Regulations: DTSC developed regulations to give school districts authorization to collect, consolidate, and accumulate hazardous wastes generated during routine operation and maintenance of K-12 schools. The regulations are pending Office of Administrative Law approval.

5. Financial Assurance: DTSC modified its financial assurance regulations to parallel federal financial assurance requirements for hazardous waste facilities.

6. Assessment of Administrative Penalties: The Office of Administrative Law approved DTSC’s regulations for the assessment of administrative penalties. These regulations establish procedures for calculating the penalty amounts to be assessed in administrative orders.

7. RCRA Authorization: On September 26, 2001, DTSC received authorization from U.S. EPA to augment its Resource Conservation and Recovery Act (RCRA) hazardous waste management program. Under California’s augmented RCRA authorization, DTSC will have primary regulatory authority over the following regulatory areas:

· Organic air emissions standards for process vents and equipment leaks.

· Regulations for the burning of hazardous waste in boilers and industrial furnaces.

· Management of various land disposal restrictions for certain types of hazardous waste material.

· Corrective action for hazardous waste releases.

· Changes relating to the toxicity characteristic rule.

Priorities

1. Cathode Ray Tubes: DTSC will continue developing final regulations for managing cathode ray tubes as universal waste.

2. Universal Waste: DTSC, the California Integrated Waste Management Board, and the Energy Commission will continue working together to develop an infrastructure for collecting and recycling household universal waste.

3. Response Action Regulations: DTSC will continue to develop regulations to establish a single cleanup process for site cleanups conducted by DTSC and Certified Unified Program Agencies (CUPA). DTSC expects to post a public notice of the regulations in April 2002.

4. Mercury: DTSC will continue to evaluate its hazardous waste identification criteria for mercury. DTSC scientists will analyze fluorescent tubes and other mercury-containing wastes to identify detection limits and quantification limits for mercury in wastes. Ongoing efforts will focus on evaluating hazardous waste thresholds or criteria for managing these hazardous wastes.

5. Lead: DTSC will evaluate its hazardous waste identification criteria for lead. DTSC expects to hold a public workshop for changes to its lead criteria in March 2002.

6. Waste Code Revision: DTSC plans to issue a public notice in January 2002 for draft regulations to amend its waste code system. The proposed changes will base the waste codes on the criteria used to identify the waste as hazardous and include other information useful to DTSC.

7. Munitions Rule: DTSC expects to issue a public notice of its draft munitions regulations in spring 2002.

Other Activities

Accomplishments

1. Capacity Assessment: DTSC completed a review of commercial off-site treatment, storage, and/or disposal facility capacity, tonnage, and trends for the years 1995 through 1999. DTSC developed a list identifying 31 off-site commercial facilities conducting chemical treatment of hazardous waste.

Priorities

1. Financial Responsibility/Closure Cost Update Project: DTSC plans to update closure cost estimates for all hazardous waste facilities to ensure that each facility has adequate financial resources to close in an environmentally protective manner.

2. Post-Closure Permits: DTSC plans to issue the first of five post-closure permits by June 2002. The post-closure permits will be based on recently developed guidance that ensures long-term operation and adequately funded maintenance that protects human health and the environment.

3. Capacity Assessment: DTSC will complete its assessment of facility capacity by conducting site visits and reviewing applicable State and local permits to determine actual facility throughput capacity and use.

Pollution Prevention

DTSC’s pollution prevention efforts focus on eliminating or reducing hazardous waste at its source, before it is generated. DTSC supports local pollution prevention programs, ensures that inspectors promote pollution prevention, develops materials (fact sheets, checklists, brochures, videos, technical reports, etc.), and works with generators to identify and implement pollution prevention.

Accomplishments

1. Local Government Support: DTSC continued to support local pollution prevention programs. Staff produced T-shirts and posters, participated in pollution prevention week events, and conducted the annual local government pollution prevention conference. About 200 people participated in the conference.

2. SB 1916 Advisory Committee: DTSC continued to work with the external advisory committee to develop a draft pollution prevention work plan for 2002 to 2004. The team also developed concepts for a voluntary pollution prevention project focusing on a chemical or industry of concern.

3. Vehicle Service and Repair Project:

· Two Ford dealerships received certificates of recognition for adopting recommended pollution prevention strategies. Ford/Lincoln-Mercury plans to incorporate these practices statewide.

· DTSC worked with Department of Health Services and the Bureau of Automotive Repair to send out an alert about health concerns associated with n-hexane, a solvent used for automotive parts cleaning.

· DTSC staff conducted 10 pollution prevention training sessions attended by 200 people.

4. Petroleum Refineries: DTSC examined the key environmental parameters of 17 major oil refineries and began discussing voluntary efforts to reduce or eliminate releases and contamination.

Priorities

1. Source Reduction Planning: State law requires larger hazardous waste generators to prepare a series of source reduction planning and reporting documents. Of the approximately 5,000 generators potentially subject to this law, 1,700 have self-certified they are exempt and another 1,700 have not responded to repeated letters. DTSC plans to assess the validity of the self-certifications and to initiate enforcement actions against those who have not responded.

2. Local Government Support: DTSC will continue to support local pollution prevention programs and to establish new local committees in San Diego and in the Kern County area.

3. SB 1916 Advisory Committee: DTSC will continue to work with its external advisory committee to develop a final pollution prevention work plan. Members will select a target industry or chemical to be the focus of a voluntary pollution prevention project and initiate implementation.

4. Vehicle Service and Repair Project: DTSC will continue to provide training. Staff will develop at least one additional corporate partner to participate in the program.

5. Petroleum Refinery Project: DTSC staff will partner with one or two refineries to conduct pollution prevention projects.

Technology Development

DTSC’s technology development program focuses on evaluating new technologies to treat, recycle, clean up, and eliminate or reduce hazardous waste at its source. DTSC scientists evaluate new technologies and help developers bring their ideas to market. DTSC’s Environmental Technology Certification Program has certified 25 hazardous waste technologies since 1994.

Accomplishments

1. Interstate Technology and Regulatory Cooperation (ITRC): The ITRC work group offers State regulators the only forum in this country for collective learning about new and innovative technologies. This work group now includes 46 states. DTSC helped conduct Internet-based training for 2,000 people through 16 sessions on 8 different technology topics. Staff helped organize the ITRC November conference in Long Beach, attended by more than 300 people, and assisted in ITRC’s annual meeting held in Austin, Texas.

2. Life-Cycle Analysis: DTSC is working to develop a life-cycle analysis process to help decision-makers analyze technology alternatives. A streamlined life-cycle analysis comparing re-refining used motor oil to using used motor oil as a fuel is complete. The life-cycle analysis evaluates the quantities of resources used in both alternatives and compares the relative environmental impacts of the alternatives.

3. Soil Vapor Extraction Off-Gas Treatment: DTSC signed an agreement with U.C. Davis to fund a report on technologies for treating vapors and gases from soil vapor extraction wells.

Priorities

1. Interstate Technology and Regulatory Cooperation: DTSC will continue to serve in a leadership role on the ITRC, especially in the in-situ biological treatment and diffusion-based sampler work groups and their related programs.

2. Soil Vapor Extraction Off-Gas Treatment: DTSC will oversee the contract with U.C. Davis to identify, review, and assess applicable vapor-phase treatment technologies.

3. Environmental Technology Verification: DTSC will issue final verification/certification reports and decisions for the ABB and Cooper vegetable oil-based transformer oil technologies and will continue to work with other technology proponents.

4. In-Situ Bioremediation Technology: DTSC will survey in-house site mitigation projects to identify where and how staff are applying in-situ bioremediation. For several selected sites, staff will review the collected data to evaluate technology performance and assess the ongoing data collection and monitoring program.

5. Hydromatix Certification: DTSC will complete the certification decision and report of the Hydromatix Ion Exchange Column Regeneration System and will publish the decision in the California Regulatory Register.

6. LMT Verification: Lithium meta-tungstate (LMT) is a dense aqueous salt solution that can replace the use of hazardous halogenated solvents currently used for mineral separation tests. Staff will complete the verification report and submit it to U.S. EPA for signoff.

7. Puradyne Re-Certification: Staff will complete the test plan and the testing for the second Puradyne re-certification.

8. Environmental Technology Testing and Certification Program: DTSC will continue to work on four technologies in progress. Formalex (formaldehyde treatment), Cerox (destroys liquid organic wastes), ABB and Cooper (vegetable oil-based transformer oils), and Benthic (flux sampling).

Environmental Science

DTSC assesses the risk and hazard to staff and the public from exposure to hazardous substances. Staff scientists conduct chemical analysis, support regulatory programs, conduct studies, develop analytical methods, and conduct studies related to environmental fate and transport of chemicals.

Accomplishments

1. Environmental Indicators: DTSC staff participated in the first report on Environmental Protection Indicators for California (EPIC) by collecting data for hazardous waste, land contamination, harbor seal body burdens, and human body burdens.

2. Chemical Terrorism: DTSC analyzed white powders that were negative for anthrax but potentially toxic. This involved developing protocols with the Department of Health Services and the FBI to analyze suspected chemical agents.

3. EcoNotes: DTSC posted and updated a series of new EcoNotes on the DTSC Web site. The notes supplement DTSC’s Ecological Risk Assessment Guidance document. EcoNotes are peer reviewed by the U.S. EPA Region 9 Biological Technical Assistance Group before posting.

Priorities

1. Environmental Indicators: DTSC will publish measurements of polybrominated diphenyl ethers in harbor seals and human adipose tissue.

2. Chemical Terrorism: DTSC will develop and implement procedures for analyzing potential chemical terrorism samples to support investigations of alleged terrorism.

3. Laboratory Infrastructure: DTSC will purchase a new laboratory information management system; install a new storage facility for samples, gases, reagent chemicals, and laboratory wastes; and complete plans to consolidate the Berkeley laboratory facilities.

4. Brominated Flame Retardants in Electronic Waste: DTSC will develop a method for the measurement of brominated flame retardants and complete its analysis of brominated flame retardants and toxic elements in selected electronic products.

External Communications

Being accessible, accountable, and relevant are crucial to public service. DTSC works toward those goals by communicating with citizens, regulated businesses, community groups, media, and other government agencies. DTSC’s public participation program is nationally recognized as the most proactive example of its type for citizen involvement and supports each of DTSC’s programs.

Accomplishments

1. Community Outreach: DTSC conducted 20 community assessments and developed 35 public participation plans. These documents assess a community’s interest level and determine the steps DTSC will take in performing outreach. Public participation specialists developed and distributed more than 100 fact sheets and 65 public notices to help keep residents informed about pending technical decisions. Staff attended, facilitated, or organized nearly 180 meetings to involve the people DTSC serves.

2. Public Participation Manual: An update of DTSC’s Public Participation Guidance and Policy Manual was completed and posted on DTSC’s Web site. This manual, one of the most extensive of its type in the nation, provides an outline of required and optional outreach activities when implementing permitting or site cleanup activities. The manual underwent significant revisions during the past several years due to new statutes and changes in regulations.

3. E-Government Compliant Web Site: On November 1, 2001, DTSC launched its reorganized Web site to comply with the Governor’s portal standards and industry accessibility standards. DTSC’s new Web site is organized so that site visitors need not be familiar with DTSC programs to be able to find the information they need.

4. Environmental Justice: DTSC participated in environmental justice training sessions sponsored by the Governor’s Office of Planning and Research.

5. Events and Conferences: DTSC participated in various education and outreach efforts (for example, State Scientist Day, Earth Day, Pollution Prevention Week, California Science Teachers Association annual conference, California Regional Environmental Education Council conference). DTSC also distributed environmental educational materials to school districts, teachers, parents, and students.

Priorities

1. E-Government Compliant Web Site: DTSC will continue to augment and expand its Web site to provide access to key DTSC databases, such as CalSites. In addition, in keeping with the Governor’s e-government initiatives, DTSC will continue to pursue efforts to enable the regulated community and other stakeholders to conduct various transactions electronically.

2. Environmental Education: DTSC will participate in developing a unified environmental education strategy for elementary and secondary schools. Staff will continue to identify outreach opportunities for school children through the Environmentality Challenge, conferences, speaking engagements, and Web site enhancements related to environmental education.

3. Environmental Justice: DTSC will continue to assess communities for focused outreach and provide information through the Web site and publications and provide translation services as needed. Staff members will consider training strategies for key DTSC staff regarding State and federal environmental justice policies. Web staff will develop links for environmental justice resources on DTSC’s Web site.

4. DTSC Publications: DTSC will audit its existing publications, creating, revising, and recycling publications where appropriate to provide relevant information for internal and external audiences. Updated publications will be posted on DTSC’s Web site.

Information Technology and the Internet

Having a stable and reliable information technology platform is essential to DTSC conducting its regulatory activities in the most efficient and effective way possible. Further, DTSC’s constituents increasingly rely on the Internet to get information and to conduct transactions.

Accomplishments

1. IT Infrastructure: DTSC completed construction of a true statewide area network, electronically connecting staff in nine geographic locations. The information technology staff can now remotely troubleshoot desktop computer problems and install uniform applications.

2. E-Government Compliant Web Site: On November 1, 2001, DTSC launched its totally reorganized Web site, all of which complies with the Governor’s e-government portal standards and with industry accessibility standards. DTSC’s new Web site is organized so that site visitors need not be familiar with DTSC programs to be able to find the information they need.

3. Information Security: DTSC assigned responsibility for information security to the assistant director to place the appropriate emphasis on the program. DTSC also contracted with Quest Communication for its first-ever comprehensive information security audit.

Priorities

1. IT Infrastructure: DTSC will complete replacing all desktop computers with uniformly configured leased units, and it will institute a routine upgrade and enhancement program that will keep all staff equipped with technologically superior equipment. In addition, DTSC will significantly upgrade the capabilities of various computer peripherals, including introducing an industry standard printer allocation scheme.

2. E-Government Compliant Web Site: DTSC will continue to augment and expand its Web site to provide access to parts of key DTSC databases such as CalSites. In addition, in keeping with the Governor’s e-government initiatives, DTSC will continue to pursue efforts to allow the regulated community and other stakeholders to conduct various transactions electronically. The first of those transactions to be realized is electronic collection of information about hazardous waste transporters, a requirement created as part of DTSC’s response to the terrorist threat.

3. Information Security: DTSC will complete an audit of its critical electronic information assets and implement newly developed policies to ensure their security.

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Last updated: November 19, 2003
California Environmental Protection Agency, http://www.calepa.ca.gov/Publications/
General Public Contact, cepacomm@calepa.ca.gov (916) 323-2514