Department of ToxicSubstances Control (DTSC)Corrective Action-Delegated

Unified Program Agencies (UPA) meeting

CUPA Conference February 1, 2011

Tuesday 3-5Valencia Room

Meeting Outline

• Brief description of history of UPA regulations

• Review of application and instructions• Discussion of implementation of program

by agencies already delegated (Ventura, Merced, and Los Angeles Counties)

Corrective Action ProgramsUSEPA

CalEPADTSC SWRCB

Local Agencies/Districts

Health and Safety Code

LOPs/LIAs for petroleum hydrocarbonsunder Health and Safety Code 25299

Voluntary Programs for all other contaminantsunder Health and Safety Code Section 101480

Corrective Action UPAs for CUPA regulated facilitiesunder Health and Safety Code Section 25187

Water Code

History of UPA Regulations• Mandated by statue in 1997• Regulations for designation (i.e. application)

developed in 2006 under CCR Title 22 Division 4.5 Chapters 45 and 50 Sections 67450.7 and 68400.11-68400.16 and Appendix 1

• Applicability, definitions, qualifications (tiers, criteria, determination), and corrective action process discussed in DTSC presentation at 2006 CUPA conference (emailed to agencies in Jan 2011)

• Corrective action, application, and streamlining discussed in DTSC presentation at 2008 CUPA conference (http://www.calcupa.net/civica/filebank/blobdload.asp?BlobID=2731)

Corrective Action UPA Regulations• Allows Health & Safety Code Chapter 6.5 Section 25187,

25200.3, 25200.10, 25407.14 orders at facilities subject to oversight by CUPA– Generators, Conditional Authorization, Conditional Exemption,

and Permit by Rule (except TTUs)• Less versus more complex sites for Tier 1 and 2

designations– Characterize and remediate sites by excavating <60 cubic yards

with remaining risk <1x10-6 and hazard index <1 and only CHHSL chemicals

– Different education, training, and personal experience– AEO authority, generator inspections, and either Site

Designation program, LOP, or agency experience– Recordkeeping and accounting systems and cost recovery

ordinance

Corrective Action UPA Regulations

• Phase 1 Assessment Checklist (DTSC Form 1151 required by filled out by 1/1/97 identified many corrective action sites ) or 1 year after CA or PBR notification

• Generators that can not obtain clean closure during facility closure and property or business transfers identify a majority of new corrective action sites

• Delegation to UPAs only applies to Health & Safety Code Chapters 6.5

Corrective Action UPA Regulations

• Corrective Action UPA Application (Section 68400.15)– Completeness Review – 60 days– Determination/Technical Review – 90 days– Notice of Approval or Denial 30 or 45 days– Appeal Process to DTSC then DTSC Director

• Periodic reviews by DTSC of qualifications• Lack of resources notification to DTSC

Corrective Action Process• Full and meaningful public involvement (CEQA)• Site screening (Preliminary Endangerment Assessment)• Site investigation (using DTSC guidance documents)

• Selection of remedy and cleanup levels• Adequate resources & oversight• Written documentation of corrective action

activities• Enforcement of corrective action completeness• Financial assurance• Land use controls

UPA Application

• Form DTSC 1447– model application and

instructions, finalized 1/17/2008

– both available on DTSC web site

UPA Application

• DTSC 1447A – Identification and Tier Selection

UPA Application

• DTSC 1447B– Personnel Expertise or …– Can either compare staff

positions to California State Personnel Board defined positions

– One page for each of your staff

– Identify title and provider of training for each field of proficiency for each staff

– Include training records (certificates, syllabus, outline)

UPA Application

• … DTSC 1447C – Personnel Experience– … or provide educational

background– One page for each of your

staff– Identify title and provider of

training for each field of proficiency for each staff

– Include training records (certificates, syllabus, outline)

UPA Application

• DTSC 1447D – Tier 2 Personnel Experience– One page for each of

your staff– Identify title and

provider of training for each field of proficiency for each staff

– Include training records (certificates, syllabus, outline)

UPA Application

• DTSC 1447E – Specialized Geological Expertise– One page for each of your

geologic expert staff– Registration and education– Commitment of hours to

UPA– Training records– Can contract out

UPA Application

• DTSC 1447F Specialized Toxicological Expertise– One page for each of your

toxicological expert staff– Registration and education– Commitment of hours to

UPA– Training records– Can contract out

UPA Application

• DTSC 1447G Tier 2 Specialist– Only needed for

services contracted out

UPA Application

• DTSC 1447H UPA Past Experience– Agency’s AEO,

generator inspection, and corrective action experience (DTSC: how to deal with PAs within an applicants geographic area?)

– Triennial evaluation– AEO authority if not in

your last triennial audit– Relevant (Tier 1)

projects

UPA Application

• DTSC 1447I Tier 2 UPA Experience– Additional years of

LOP or response action experience

– Relevant (Tier 2) projects

UPA Application

• DTSC 1447J Implement Assessments and Corrective Action– Narrative of policies,

procedures, and guidance docs

– Copy and work with DTSC

UPA Application

• DTSC 1447K Adequacy of Staff Resources– Organization chart of

UPA staff only– Additional staff

required, explain even if you answer no

UPA Application

• DTSC 1447L Recordkeeping and Accounting– Additional staff

required, explain even if you answer no

– Description of budget and accounting process, tracking system, and file management

UPA Application

• DTSC 1447M Local Ordinance Authority for Cost Recovery– Provide copy of

ordinance for cost recovery

– Be careful of language in ordinance (i.e. soil vs. groundwater only; LUST only)

UPA Application

• Other Documents Needed– List of facilities that fall

under this regulation• Basically all generator,

conditionally authorized, conditionally exempt, and permit by rule (except TTUs) facilities currently overseen by CUPA

• Used to justify work load versus staffing

Implementation

• Los Angeles County, Ventura County, and Merced County currently designated, San Mateo County and San Diego County revising applications after completeness reviews

• # of sites?• Any AEOs?• Legal challenges?