Mohsen Nazemi, M.S., P.E., Deputy DirectorBrownfields and Environmental Restoration Program

DTSC Site Mitigation Overview/UpdateDTSC Independent Review Panel Meeting – Part I

CalEPA Building, SacramentoJanuary 11, 2017

DTSC Site Mitigation (Cleanup) Program Overview/Update

• Program Mission/Vision/History• Core Programs/Organizational Structure• Authorities/Types of Cleanup Actions• School Siting Program• Universe of Cleanup Sites• Items for Next Meeting

DTSC Site Mitigation Program’s Mission

“To protect California’s people and environment from harmful effects of toxic substances by restoring contaminated resources”

DTSC Site Mitigation Program’s Vision

Californians enjoy a clean and healthy environment, and as a result of our efforts• Communities are confident that we protect them from toxic

harm • Businesses are confident that we engage them with

consistency and integrity

Site Mitigation Federal Program• 1970s - Concerns for health impacts from uncontrolled

hazardous waste disposal sites • 1980 - Comprehensive Environmental Response,

Compensation, and Liability Act (Federal Superfund Law) passed, gave United States Environmental Protection Agency (U.S. EPA) authority to: – Order responsible parties to clean up sites– Use federal funds at sites with no responsible parties

Site Mitigation State Program• 1981 - California Hazardous Substance Account Act (Health & Safety Code

Division 20 Chapter 6.8)– State authority to order responsible parties to clean up sites– Provide matching state funds for cleaning up National Priorities List

sites• State program established in 1981 to address uncontrolled hazardous

substance release sites • Department of Health Services Toxic Substances Control Division given

responsibility for program• Started in Sacramento headquarters and expanded to other offices in

Northern and Southern California

Site Mitigation Program in 1980s• Hazardous Substances Cleanup Bond passed in 1984 – funding at

$100 million fully expended • State site list grew from 60 to > 400 (1983-1990)• Started with staff < 10 in 1981

– First operated from small office in Sacramento– Managed by Sacramento, Emeryville, Long Beach, and Burbank

offices in 1990

Site Mitigation Program in 1990s

• Department of Toxic Substances Control (DTSC) and California Environmental Protection Agency (Cal/EPA) formed in 1991

• Established Site Mitigation Program in 1993• Office of Military Facilities formed in 1994 • Schools Program established in 1999

Site Mitigation Program in 2000s• Site Mitigation Program Expanded

– Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) Loan Program established in 2000. DTSC issued 5 loans totaling more than $3.3 million. The existing statute mandates participation of entities that no longer exist. DTSC cannot issue new loans until statutory changes are made to abolish the obsolete committee.

– California Land Reuse and Revitalization Act (CLRRA) passed in 2004 – Revolving Loan Fund Program funded by U.S. EPA in 2006 – approved over $5

million in 6 loans and over $5.6 million on 22 subgrants since inception• Reorganized into “One Cleanup Program” in 2008

– Incorporated corrective action program and Human & Ecological Risk Office • Cleanup sites grew from 60 in 1983 to >1,600

Site Mitigations/Cleanups/Evaluations

National Priorities List (U.S. EPA Lead) State Response (State Lead Enforcement) Corrective Action/Hazardous Waste Releases

(Hazardous Waste Control Law) Voluntary Cleanup Program (VCA) Schools ProgramMilitary Cleanup Fund-Lead National Priorities List/State Orphan Legacy Landfill

Site Mitigation ProgramCore Functions• Federal Facilities (including Military and Department of Energy

Sites) Cleanups • State Site Cleanups (Responsible Parties & “orphans”)• School Site Evaluations• Legacy Landfills• Exide Closure & Residential CleanupSupport Functions• Engineering & Special Projects Office• Geological Services Unit• Human & Ecological Risk Office• Grants & Program Support Branch

Site Mitigation Program Support• Office of Legal Counsel• Office of Public Participation• Environmental Justice & Tribal Affairs• Communications Office• Office of Planning & Environmental Analysis

Site Remediation Process Summary • Evaluation

– Discovery & verify release and threat– Define contamination extent and risk

• Remedy selection– Evaluate remedy options– Remedy plan, California Environmental Quality Act analysis, and public

review• Implementation

– Designs & monitoring plans– Construction and long-term operation and maintenance (if necessary) – Environmental restrictions (if necessary)

• Emergency and interim actions (if necessary)• DTSC does not make any zoning decisions

Site Mitigation Program Staff Mohsen Nazemi, M.S., P.E. - Deputy Director Bachelor and Master of Science in Chemical Engineering;

Professional Engineer; Certified Hazardous Material Manager Location – Based in Cypress Office Staffing – 331 Positions in 6 offices:

1 Assistant Deputy and 2 Division Chiefs 14 Branch Chiefs 44 Unit Chiefs 272 Environmental Scientists, Hazardous Substances

Engineers, Engineering Geologists, Toxicologists, Administrative Professionals

DTSC Office Locations

Cal Ctr/Sacramento

Headquarters

Berkeley (includes Lab)

Clovis

Cypress

El Centro

Pasadena (LA Lab)

San Diego

Chatsworth

Site Mitigation Program Org Chart

Deputy Director

Assistant DeputyDirector

Exide

Division Chief Division Chief

Corrective Action& Data

Management

ProjectManagement & Field Operations

Human &Ecological Risk Sacramento Berkeley

Grants & ProgramSupport

Engineering &Special Projects Legacy Landfills Cypress

Schools Evaluation& Brownfields

Outreach

San JoaquinSSFL Project

Support Office of Geology Chatsworth

Site Mitigation Program• Ray Leclerc, P.E. - Division Chief, C.E.A.• Bachelor of Science – Geology, Master of Science -

Environmental Engineering; Licensed Civil Engineer• Six Branches

– Dan Ward, Charlie Ridenour, Mark Malinowski, Bill Ryan, and Richard Hume – Sacramento

– Jim Polisini – Chatsworth• Special Projects

– Legislation, financial assurance, corrective action, and financially distressed cleanup sites.

• Staffing: 146 staff in Division

Legacy Landfills Branch

• Richard Hume, P.E. - Branch Chief• Bachelor of Science – Mechanical Engineering Technology; Licensed

Mechanical Engineer • Location - Sacramento Field Office• Organization – Three project management units (three unit chiefs)

and administrative support• Types of Sites – Legacy Landfill (e.g., Stringfellow & BKK-W. Covina),

National Priorities List, state response, military sites• Staffing:

– 12 Hazardous Substances Engineers– 7 Engineering Geologists– 2 Environmental Scientists– 3 Administrative Professionals

Human and Ecological Risk Office• Jim Polisini, Ph.D. - Chief• Bachelor’s degree – Zoology; Ph.D. - Biological Sciences• Location – Sacramento, Berkeley, Chatsworth, and Cypress Field

Offices• Organization - Four human health units and one ecological risk

support unit (five unit chiefs)• Types of Work – Toxicological and risk assessment support• Types of Sites - National Priorities List, military, state response,

corrective action, Voluntary Cleanup Agreement, and orphan sites• Staffing:

– 29 Toxicologists– 1 Health Physicist

Santa Susana and Northern CA Schools Branch

• Mark Malinowski, P.G. - Branch Chief• Bachelor and Master of Science – Geology; • Professional Geologist• Location – Sacramento Field Office• Organization – Two project management units (two unit

chiefs) and administrative support• Types of Sites – Santa Susana Field Lab & Northern California

Schools• Staffing:

– 8 Hazardous Substances Engineers– 6 Engineering Geologists

Sacramento Cleanup Branch • Charlie Ridenour, P.E. - Branch Chief• Bachelor of Science – Chemical Engineering; Licensed Chemical

Engineer• Location - Sacramento Field Office• Organization - Four project management units (four unit chiefs) and

administrative support• Types of Sites - National Priorities List, military, state response,

corrective action, Voluntary Cleanup Agreement, and orphan sites• Staffing:

– 22 Hazardous Substances Engineers– 6 Environmental Scientists– 4 Engineering Geologists– 3 Administrative Professionals

San Joaquin Branch• Bill Ryan, P.E. - Branch Chief• Bachelor of Science – Civil Engineering; Licensed Civil Engineer• Location - Sacramento and Clovis Field Offices• Organization – Two project management units (two unit chiefs) and

administrative support• Types of Sites – San Joaquin Valley National Priorities List, military,

state response, corrective action, Voluntary Cleanup Agreement, and orphan sites

• Staffing: – 6 Environmental Scientists– 6 Engineering Geologists– 5 Hazardous Substances Engineers– 3 Administrative Professionals

Engineering & Special Projects Branch • Dan Ward - Branch Chief• Bachelor of Science - Environmental Toxicology; Master of Science -

Civil/Environmental Engineering• Location – Sacramento and Cypress Field Offices• Organization - One engineering support unit and two hybrid units (three

units with three unit chiefs)• Types of Sites – Engineering support, military coordination, special

projects and project management of several individual sites• Staffing:

– 23 total staff, including 3 Unit Chiefs– 19 Hazardous Substances Engineers (8 staff level consulting engineers)– 2 Engineering Geologists, 1 Environmental Scientist– 1 Administrative Professional

Site Mitigation Program• Dot Lofstrom, P.G. - Division Chief, C.E.A.• Bachelor and Master of Science – Geology; Professional

Geologist• Six Branches (plus one unit of Administrative Professionals)

– Karen Baker, Peter Garcia, and John Scandura – Cypress– Sayareh Amirebrahimi – Chatsworth– Jennifer Black – Sacramento– Janet Naito – Berkeley

• Special Projects– Lean Six Sigma– Strategic Planning

• 180 staff in Division

Chatsworth Cleanup Branch• Sayareh Amirebrahimi - Branch Chief• Bachelor of Science- Biology; Master of Science – Environmental

Engineering• Location - Chatsworth Field Office• Organization – Four project management units (four unit chiefs) and

administrative support– Types of Sites – Southern CA National Priorities List, military, state

response, corrective action, Resource Conservation and RecoveryAct closure, Voluntary Cleanup Agreement, and orphan sites

• Staffing:– 13 Environmental Scientists– 10 Hazardous Substances Engineers– 5 Engineering Geologists– 3 Administrative Professionals

Geology Branch • Karen Baker, P.G. - Branch Chief• Bachelor & Master of Science - Geology; Licensed Professional

Geologist; Certified Hydrogeologist; Certified Engineering Geologist• Location – Sacramento, Berkeley, Chatsworth, & Cypress Field Offices • Organization - Four Geological Support Units (four unit chiefs) and One

Project Manager• Types of Sites – Provide geologic support to Cleanup Program,

Permitting Division, and Enforcement and Emergency Response Division

• Staffing: – 39 Engineering Geologists– 1 Hazardous Substances Engineer– 2 Administrative Professionals

Grants and Program Support Branch• Jennifer Black, J.D. – Branch Chief• Bachelor of Arts – Economics; Doctorate of Jurisprudence – Tax Law

Concentration• Location - Sacramento Field Office• Organization – One administrative branch including two

administrative support units • Types of Work – Grant administration, program budget

administration, legislative, budgetary, and regulatory proposals, legislative reports, run two loan programs (one State-funded and one Federally-funded, other administrative support

• Staffing: – 2 Administrative Unit Supervisors– 9 Administrative Professionals

Southern CA Schools Evaluation & Brownfields Outreach Branch

• Peter Garcia - Branch Chief• Bachelor of Science – Biology• Location - Cypress Field Office• Organization – Three project management units and administrative

support.• Types of Sites – Southern CA Schools, State Response, Corrective

Action, Voluntary Cleanup, brownfields, and orphan sites.• Staffing:

– 3 Unit Supervisors (Supervising Hazardous Substances Engineers)– 11 Hazardous Substances Engineers– 7 Environmental Scientists– 2 Engineering Geologists– 3 Administrative Professionals

Berkeley Cleanup Branch• Janet Naito - Branch Chief• Bachelor of Arts - Environmental Science• Location - Berkeley Field Office• Organization - Four project management units and administrative

support• Types of Sites - Bay Area National Priorities List, military, state

response, corrective action, Voluntary Cleanup Agreement, and orphan sites

• Staffing: – 13 Environmental Scientists– 16 Hazardous Substances Engineers– 3 Engineering Geologists– 4 Administrative Professionals

Cypress Cleanup Branch• John Scandura - Branch Chief• Bachelor of Science – Biological Science; Master of Science –

Environmental Science and Engineering• Location - Cypress Field Office• Organization - Four project management units (four unit chiefs)

and administrative support• Types of Sites – Southern CA National Priorities List, military, state

response, corrective action, Voluntary Cleanup Agreement, and orphan sites

• Staffing: – 15 Environmental Scientists– 9 Hazardous Substances Engineers– 1 Engineering Geologist

Exide Division• Assistant Deputy Director• Location - Sacramento and Field Office in Southern California• Organization – Includes two Branches

– Closure Plan and corrective action for the Exide Facility– Remedial Action Plan for Cleanup of lead contamination in

surrounding residential properties • Staffing:

– Corrective Action and Data Management Branch - 14 staff– Project Management and Field Operations Branch - 25 staff– Support staff - 16 (outside Cleanup program) include Attorneys,

Public Participation Specialists, Environmental Justice staff, and Communications staff.

Exide Division - Project Management and Field Operations Branch

• Tamara Zielinski, P.E. - Branch Chief• Bachelor of Science - Civil Engineering; Licensed Civil

Engineer• Location – Sacramento and Field Office in Southern

California• Staffing: Includes 24 hazardous substances engineers,

environmental scientists, and support staff. Three units including: Project Management, Field Operations, and Contracts Management that include:– 3 Supervising Engineers – 16 Hazardous Substances Engineers – 3 Environmental Scientists– 2 Administrative Professionals

Exide Division - Corrective Action and Data Management Branch

• Suhasini Patel - Branch Chief (Out-of-Office)• Bachelor of Science – Biology; Master of Science – Microbiology• Peter Ruttan, P.G. - Acting Branch Chief• Bachelor of Science – Geology; Professional Geologist• Location – Sacramento Field Office• Organization – Project management units and administrative support (two unit chiefs)• Types of Work – Closure/corrective action, California Environmental Quality Act, and data

management• Staffing includes 14 hazardous substances engineers, engineering geologists, environmental

scientists, and support staff:– 1 Environmental Program Manager – 4 Engineering Geologists– 5 Environmental Scientists – 2 Hazardous Substances Engineer – 2 Administrative Professionals

Site Mitigation Program Authority

Presented by Ray Leclerc, P.E., Division Chief, C.E.A.

Site Mitigation Program Authority• Hazardous Substance Account Act (Health & Safety Code

Division 20 Chapter 6.8)– Require responsible parties to clean up sites– Pursue responsible parties at all sites– State funds for site actions where no responsible party– Compliant with National Contingency Plan (Federal regulation)

• Hazardous Waste Control Law (Health & Safety Code Division 20 Chapter 6.5)– Regulates facilities that treat, store, and dispose of hazardous waste– Corrective action to address hazardous waste releases – Permits for treatment, disposal, > 90 day storage– Requirements for closing permitted units and post closure– Consistent with federal hazardous waste management

requirements

Site Mitigation Authorities (cont.)

• California Land Reuse and Revitalization Act (CLRRA)– Prospective purchasers remediate contaminated properties– Purchasers receive immunities – protection from liability for

existing contamination

• California Education Code Section 17078.54 or Sections 17268 and 17213.1– Requires assessment of school properties for hazardous

substances – Remediation of hazardous substances on school sites

Authority Limits• Sites exempt from Hazardous Substance Account Act

– Contaminants exclusively petroleum hydrocarbons (oilfields, gas stations, and fuel underground storage tank)

– Contamination only from normal application of fertilizers or pesticides

– Nuclear materials regulated by federal law• DTSC does not have authority to make zoning decisions

– We coordinate with local land use authorities to ensure that sites are cleaned to meet current and reasonably foreseeable future land use needs.

Enforcement Mechanisms• State Superfund sites

– Imminent/substantial endangerment determination and order

– Remedial action order or consent agreement• Hazardous waste facilities

– Corrective action order or consent agreement • Federal facilities

– Federal facility agreement (National Priorities List and State Lead sites)

– Memoranda of agreement with DOD and DOE– Administrative Orders on Consent

Other Tools • School sites

– Environmental oversight agreement– School cleanup agreement

• Brownfield sites – CLRRA agreement with prospective purchaser– Voluntary cleanup agreement

• Fence & post order• Land use covenants • Operations & maintenance (O&M) agreement

Cleanup Process

Preliminary Endangerment

Assessment

Remedial Investigation –Feasibility Study

Decision Document

No Risk or Insignificant Risk

Interim Remedy

Risk Assessment & Establish Cleanup Goals

Remedial Action Plan

Removal Action Workplan

Formal Public Comment CEQA

Next Slide

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No Further Action (May require land

use covenant)

Cleanup Process

Pub

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Implementation

Certification (Restricted)

Certification (Unrestricted)

Land Use Restriction

Operation and Maintenance

Five -year Review

Previous Slide

Cleanup Process StepsProcess Step

Corrective Action Facilities State Superfund Sites

EVALUATIONRCRA Facility Assessment Preliminary Endangerment Assessment

RCRA Facility Investigation Remedial Investigation

REMEDY SELECTION Corrective Measures Study Feasibility Study

Remedy Selection/Statement of Basis

Remedial Action Plan

IMPLEMENTATION

Corrective Measures Implementation

Remedial Action Implementation

Operations & Maintenance Operations & Maintenance

Cleanup Authority DifferencesState Superfund Sites Corrective Action Facilities

Applies to any site with hazardous substance releases regulated under Health and Safety Code Division 20 Chapter 6.8

Applies to any sites with hazardous waste releases regulated under Health & Safety Code Division 20 Chapter 6.5

Evaluate remedies using National Contingency Plan Nine Criteria plus other criteria in Health & Safety Code

Comply with Health and Safety Code and California Code of Regulations Title 22 (Use National Contingency Plan as Guide)

Financial assurance required for remedy long term operation and maintenance of remedy (May be required earlier if necessary)

Financial assurance required for remedy implementation and operation and maintenance (May be required earlier if necessary)

Long term operation and maintenance enforced by DTSC-approved cleanup plan, order, and/or agreement

Long term operation and maintenance enforced by post closure permit , order, and/or agreement

Schools Property Evaluation Program

Presented by Peter Garcia,Branch Chief

Safe SchoolsBackground

• Concern over proper environmental investigation of school properties

• January 1, 2000, Assembly Bill (AB) 387 (Wildman) and Senate Bill (SB) 162 (Escutia) became law

• Education Code amended to require DTSC involvement in school property acquisition process

• Applies only to public schools (K-12) using state funds• Includes naturally occurring hazardous substances

legally applied agricultural pesticides• 146 active sites (includes operation and maintenance

and land use covenant sites)

Evaluating & Cleaning-Up School Sites Three-Step Process

Step 1 - Phase 1 Environmental Site Assessment

Step 2 - Preliminary Environmental Assessment

Step 3 - Response Action

School Program Success Metrics1999 - 2016

Safe School Properties

Student Capacity Created

Classroom Capacity Created

Acres Cleared

√

28,311

1,961

669,669

32,572

Types of Sites Presented by Dot Lofstrom, P.G.,

Division Chief, C.E.A.

Types of Sites• National Priorities List (U.S. EPA Lead)• State Response (State Lead Enforcement) • Corrective Action/Hazardous Waste Releases

(Hazardous Waste Control Law)• Voluntary Cleanup Program (VCA)• Schools Program• Formerly Used Defense Sites• Fund-Lead National Priorities List / State Orphan• Other

Types of Sites - CompositionRP Funded

NPL, 74

State Response, 444

Corrective Action, 191

Voluntary Cleanup, 578

Schools, 146

FUDS, 39

Fund-Lead NPL/Orphan,

107

Miscellaneous, 99

National Priorities List (U.S. EPA Lead)• 98 in California (listed by U.S. EPA)• Federal enforceable order or agreement• Includes military bases, industrial, landfills, mines and

Department of Energy sites• 74 responsible party funded• 2 state responsible party (Stringfellow & Leviathan)• 22 fund-lead (no responsible party)

State Response (State Lead Enforcement)

• 444 sites (includes operation and maintenance and land use covenant sites)

• Enforcement order or agreement• Non-National Priorities List• Includes industrial, commercial, landfills, and

military bases (example – Sacramento Railyard)• Responsible party funded

Corrective Action • 191 facilities (includes operation and maintenance

and land use covenant sites)• Order or consent agreement• Cleanup at permitted or non-permitted hazardous

waste facilities• Includes industrial and commercial property• Owner/operator or other responsible party funded

Voluntary Cleanup Program

• 578 sites (includes operation and maintenance and land use covenant sites)

• Voluntary Cleanup Agreement (VCA)• Includes commercial and developments

– Coordinate new applications with RWQCB

• Proponent funded

Schools Sites

• 146 sites (includes operation and maintenance and land use covenant sites)

• K-12 public schools• State funded new construction/additions• Includes commercial/residential infill, agricultural

property, and naturally occurring hazardous substances

• School district funded

Formerly Used Defense Sites• DTSC is working on 39 Formerly Used Defense Sites.• DTSC and/or the Water Boards have either completed

cleanup, or made a No Further Action determination, on 253 properties.

• About 900 additional properties need evaluation.• Includes: airports; county property; county fair sites;

and federal, state and private properties• Former airfields, training bases, bombing ranges,

artillery emplacements, missile bases, etc.• Department of Defense – limited funding

Fund-Lead National Priorities List/State Orphan

• 107 sites (includes operation and maintenance and land use covenant sites)

• 22 fund-lead National Priorities List

• Includes industrial, commercial, and mines

• State contractors• Time-critical / emergency

removal action

Legacy Landfills

• Stringfellow Acid Pits Superfund Site (Jurupa Valley/Glen Avon)

• BKK Landfill State Response Site (West Covina)• International Technology Landfill Post Closure

(various)

Recent Cleanup Examples

• Porsche (Carson/Southern California)• Bay Street (Emeryville/Bay Area)• Argonaut Mine (Jackson/Northern California)

Redevelopment – Porsche, Carson

Porsche Experience Center (Carson, CA) Overview:• Originally part of BKK Main

Street Dump• Permitted to accept Class II

wastes (liquid and solid)• Landfill closed in 1959• Remedial Action Plan

approved in 2012• Remedy completed 2016

Redevelopment – Porsche, CarsonRedevelopment Facts• Former landfill property

transformed into productive re-use

• Redevelopment investment of more than $35M in site development and improvements

• 290 jobs in the short and long term

• Facility is expected to generate $22M in yearly economic activity

• Overall project costs, including remediation, are estimated at more than $50M

Redevelopment – Bay Street, EmeryvilleOverview• Urban in-fill, mixed-use

development • Retail, housing, entertainment,

cultural & office/hotel uses• Walk to regional retail and

high-density housing• Walk to transit center,

accessible from freeways and a free shuttle

• Hub of community activity, including a farmer’s market, street fairs and charity events

Redevelopment – Bay Street, EmeryvilleRedevelopment Information• Former landfill property

transformed into productive re-use• 1,700 jobs• 674,000 square feet of

retail/restaurant space at Bay Street and IKEA, including 16 movie screens

• 379 residential units, including 95 condominiums and 284 apartment units

• 471 hotel rooms in two hotels• $7 million in total property tax• $2.5 million in sales and business

license tax

Argonaut Mine Interim Action• 100+ year old Dam at

Former Gold Mine• EPA Identified risk of

failure• 2015 – EPA Requested

State Support

Argonaut Mine Interim Action

• 2015 Forecast to be El Niño winter

• DTSC constructed storm water interim action.

Argonaut Mine Interim ActionInterim Action operating as designed

Site Mitigation Items for Next IRP Meeting

• Funding for National Priority List and State Orphan Site Cleanups

• Challenges • Improvements Made• Improvements Planned