Regulatory Cleanup Programs - Innovative Regulatory Tools

A truly effective Brownfields program, in California or anywhere, requires a variety of tools to address the three primary concerns of potential developers: legal liability, regulatory compliance, and the financial burden of investigation and cleanup. Cal/EPA is actively engaged in developing innovative regulatory tools designed to adhere to California’s high environmental standards yet be responsive to economic and other factors that influence brownfields development. These tools can be used separately, and in concert, to encourage capital investment in blighted sites, not only to clean them up but also return them to productive use.

Within Cal/EPA, the Department of Toxic Substances Control (DTSC), the State Water Resources Control Board (Water Board) and Regional Water Quality Control Boards (Regional Boards) are charged with cleaning up the broad universe of all contaminated properties throughout the state. These “traditional” programs have been addressing pollution from former industrial activities and leaking underground petroleum tanks for many years. Cal/EPA has also created or tailored many programs to specifically address brownfields.

Department of Toxic Substances Control (DTSC)

Thousands of properties throughout California are contaminated with some level of toxic substances. DTSC's Statewide Cleanup Operations (PDF) Division conducts and oversees cleanup on an average of 220 of these sites at any given time. They also complete an average of 125 cleanups each year. This division has 124 staff members throughout the State who coordinate all aspects of the cleanup from investigation through certification. Expediting this cleanup work is one of the most important goals of the program. DTSC created the Voluntary Cleanup Program, Expedited Remedial Action Pilot program, and other "Brownfields" tools to encourage redevelopment of blighted urban areas. DTSC also encourages property owners to investigate and clean up contamination through a combination of low-interest loans.

• Voluntary Cleanup Program
  In the late 1980's, DTSC established a policy to address the needs of property owners who wanted regulatory oversight over the cleanup of low-threat sites, called walk-in sites. In 1993, DTSC reorganized its walk-in program, and created its Voluntary Cleanup Program (PDF). The Voluntary Cleanup Program was designed to respond to lower priority sites. Under the Voluntary Cleanup Program, DTSC enters site-specific agreements with project proponents for DTSC oversight of site assessment, investigation, and/or removal or remediation activities, and the project proponents agree to pay DTSC’s reasonable costs for those services.
• Expedited Remedial Action Program
  The Expedited Remedial Action Program (PDF) is intended to accelerate the cleanup process by restructuring liability based on fair and equitable standards; eligibility for the state to pay the “orphan share” of the cleanup costs; providing indemnification protection through a covenant not to sue; permitting risk-based cleanup based on the ultimate use of the site; streamlining the cleanup process; and establishing a dispute resolution process.
• Prospective Purchaser Agreements
  DTSC developed its “Prospective Purchaser Policy” (PDF) to remove or lessen the liability that prospective purchasers face when contemplating purchasing or developing brownfield sites. Under the terms of an agreement between DTSC and a prospective purchaser, DTSC commits to not pursue enforcement against prospective purchasers, tenants, or lessors who become site owners or operators if they are not responsible for the contamination, they do not contribute to the contamination, their activities at the site do not pose health risks to persons on the site, they allow access for cleanup activities, they are not illegally disposing at the site, and there are responsible parties who are willing to clean up the site.
• Private Site Management Program
  This program (PDF), when implemented, will authorize qualified private individuals, rather than state regulatory agency staff, to oversee site assessments and cleanups at less complex hazardous substances sites. DTSC is currently developing regulations to implement this program, scheduled to begin in late 2002.
• Property Over Contaminated Groundwater
  Under this policy (PDF), owners of property over groundwater contaminated by others on adjacent or nearby properties are not subject to enforcement or cost recovery action provided their property is not the source of the contamination.
• Partial Site Cleanup
  This policy (PDF) allows qualified sites to be subdivided and "clean parcel letters" issued before cleanup is completed, to facilitate the revitalization of areas that are ready to be developed.
• Preliminary Assessment/Site Investigation Grant
  DTSC, through a cooperative agreement with U.S.EPA, conducts preliminary assessments and site investigations to evaluate sites that pose a potential risk to public health and the environment or as part of a list of backlogged sites that require additional evaluation. For further information describing the status of DTSC's efforts in grant implementation, see the Site Mitigation Program's Core Grant Projects (PDF). The purpose of the program is to provide environmental information to either dispel concerns about sites, or to confirm that contamination is present. The sites that are the focus of these efforts have been brought to either agency’s attention by others (local health departments, redevelopment agencies, or private citizens) or as part of a list of backlogged sites that require additional evaluation.
• Military Facilities
  Since 1988, the Department of Defense has closed 29 major California military bases and 4 smaller installations. These closures resulted in direct and indirect losses of 200,000 jobs. Conversely, the closures will ultimately make 77,269 acres of property available for redevelopment. In addition to the closed bases, there are 107 military installations that remain open and 1,087 formerly used defense sites. Standing in the way of redevelopment of the closed bases and formerly used defense sites is environmental contamination - most of these military bases and formerly used defense sites contain extensive areas of contamination. DTSC's Office of Military Facilities oversees the investigation and cleanup of contaminated California properties currently or previously owned and operated by the various branches within the federal Department of Defense.

State Water Resources Control Board / Regional Water Quality Control Boards

It is the responsibility of the Regional Water Board to make decisions regarding cleanup and abatement goals and objectives for the protection of water quality and the beneficial uses of waters of the state within each Region. The basis for Regional Water Board decisions regarding investigation, and cleanup and abatement includes: (1) site-specific characteristics; (2) applicable state and federal statutes and regulations; (3) applicable water quality control plans adopted by the State Water Board and Regional Water Boards, including beneficial uses, water quality objectives, and implementation plans; (4) State Water Board and Regional Water Board policies; and (5) relevant standards, criteria, and advisories adopted by federal and other state agencies, especially the Department of Toxic Substances Control as concerns Brownfields Groundwater Cleanups.

Spills, Leaks, Investigations, and Cleanup Program
The Spills, Leaks, Investigation and Cleanup Program in each Regional Board addresses site investigation and corrective action at sites not overseen by the Regional Boards’ other programs. This program covers all types of pollutants (e.g. solvents, petroleum fuels, and heavy metals) and all media (soil, surface water, and groundwater). For more information about a particular Regional Board's program, please follow one of the following links:

• North Coast Region(1)
• San Francisco Bay Region (2)
• Central Coast Region (3) (PDF)
• Los Angeles Region (4)
• Central Valley Region (5)
• Lahontan Region (6)
• Colorado River Basin Region (7)
• Santa Ana Region (8)
• San Diego Region (9)

Aboveground Tank Program
The Aboveground Tank Program governs the operation and maintenance of aboveground storage tanks, as well as the response to leaks and spills and their resulting environmental contamination.

Underground Storage Tank Program
The Underground Storage Tank Program governs the operation and maintenance of underground storage tanks, as well as the response to leaks and spills and their resulting environmental contamination.