ENVIRONMENTAL LEGAL BLOGS

FEDERAL GOVERNMENT AND CALIFORNIA REACH AGREEMENT TO DEMOLISH MAJORITY OF BUILDINGS AT SANTA ANA LABORATORY NUCLEAR SITE

     According to the Ventura County Star newspaper, the U.S. Energy Department and the California Department of Toxic Substances Control have reached agreement on demolishing 10 of the 18 buildings at the site, located just outside of Simi Valley, California.  See the November 19, 2020 edition of the paper, https://www.vcstar.com/story/news/local/communities/simi-valley/2020/05/20/energy-department-tear-down-10-buildings-toxic-santa-susana-site-california/5220880002/.

 

     The site has long been the subject of controversy, as neighborhoods in the area claim that contamination from historic testing operations at the site has contributed to cancer and other ailments among residents.

 

California-new toxicity criteria; see DTSC announcement

Ver batim quotation from the DTSC:

Notice: The Department of Toxic Substances Control Will Hold a Public Workshop to Discuss Proposed Regulations Specifying the Toxicity Criteria for Human Health Risk-Based Screening Levels, Action Levels and Remediation Goals 

The Department of Toxic Substances Control (DTSC) is currently drafting regulations to add Chapter 51.3 to the California Code of Regulations, under Title 22, Division 4.5. This rulemaking proposes to require that any human health risk screening or risk assessment shall use the most protective of the three federal and state accepted toxicity criteria sources for each cancer and non-cancer contaminant of concern for any site in California. 

DTSC will be hosting a public workshop to discuss proposed regulations that would specify toxicity criteria for human health risk-based screening levels, action levels, and remediation goals. The workshop information can be found below in the notice text that was published in the Office of Administrative Law’s Notice Register. This workshop is the first step toward beginning the formal rulemaking process in 2017.  

In addition to this workshop, DTSC would like to extend the opportunity for interested stakeholders and the public to ask questions or provide feedback on this proposed regulation during this informal review period. Comments will be accepted until January 16, 2017. Please note that due to the informal nature of the workshop, responses will not be issued to comments received; however, all comments received before the January 16, 2017 comment period will be considered.  The following is the official information was published in the Notice Register:

Workshop Date: 

December 12, 2016,

1:00 PM – 4:00 PM

Workshop Location: 

DTSC Cal Center Offices

8800 Cal Center Drive

Board Room, 1st floor,

Sacramento, CA. 95826

 

* * *

 

DTSC has determined that calculating screening levels and cleanup goals from a single source of toxicity criteria does not always provide the best protection to human health. DTSC proposes to require that any human health risk screening or human health risk assessment shall use the most protective of the following three toxicity criteria sources for each cancer and non-cancer contaminant of concern:  

1. Office of Environmental Health and Hazard Assessment Chemical Database, or its successor.  As of November 12, 2015, the database is available online at http://oehha.ca.gov/tcdb/index.asp.  
2. US EPA Integrated Risk Information System (IRIS) database.  As of November 12, 2015, the database is available online at http://www2.epa.gov/iris.
3. Provisional Peer-Reviewed Toxicity Value (PPRTV).  As of November 19, 2015, these values are available online at http://hhpprtv.ornl.gov/quickview/pprtv.php.

 

Environmental Legal Blogs - Now on YouTube

Have you seen our Environmental Legal Videos on YouTube? Here's one, regarding how you should react if a government agency or individual makes an environmental claim against you or your business:

More Environmental Legal Blogs videos are available by clicking the link to YouTube, on the left.

CONSOLIDATION OF CALIFORNIA UNIVERSAL WASTE REGULATIONS

     This from DTSC:

Proposed Regulation Concept:
Consolidation of California Universal Waste Regulations
(Finalization of Authorized Treatment of Universal Waste Regulations)

The Department of Toxic Substances Control (DTSC) will host workshops on June 28, 2007 and July 11, 2007, to discuss concepts developed to finalize DTSC's three emergency regulations related to universal wastes (UWs), adopted pursuant to the California`s Electronic Waste Recycling Act of 2003, as amended (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004) and existing regulations. Please refer to DTSC's website to access the times and location of the workshops at http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/CA_UWR.cfm.

The concept language for the regulations will be made available on June 15, 2007, at http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/CA_UWR.cfm.  After review of the concept language, if you have questions that you would like to have addressed at the workshop, please submit them via email to [email protected] by June 21, 2007.  Please include the workshop date that you plan to attend in the subject line of your email.

PUBLIC COMMENT PERIOD ON CALIFORNIA DTSC ENVIRONMENTAL FEE

     The California Department of Toxic Substances Control ("DTSC") is in the midst of a public comment period which began on May 11 and ends on June 27, 2007 regarding the proper implementation of the State's "environmental fee" (a broad-based fee levied on almost all businesses of 50 or more employees which is used to fund certain DTSC programs).  DTSC will hold a hearing regarding this subject on June 27, 2007 in Sacramento.

     You can read the proposed regulations by going to http://www.dtsc.ca.gov and can get more information about the proposed regulations and the June 27 hearing by e-mailing Laura Hayashi, Regulations Coordinator, Regulations Section, DTSC at [email protected]

     Ms. Hayashi's phone # is 916 322 6409.

NEW PERMANENT MANAGEMENT STANDARDS FOR TREATED WOOD WASTE

     California DTSC has put out an announcement that the agency is promulgating permanent management standards for such waste (which is not regulated by the feds) to replace the present interim standards.

     DTSC will accept written comments on the proposed permanent standards beginning yesterday, November 24, 2006 and lasting through January 8, 2007.  Also, DTSC will hold a hearing on the proposed standards on January 8, 2007, at 10 am,  in the Byron Sher Auditorium, 2nd Floor, 1001 "I" Street, Sacramento, California.

    Technically, DTSC's proposal is to amend California Code of Regulations, title 22, division 4.5, chapter 11, article 5, Appendix XII, and to add title 22, California Code of Regulations, sections 66261.9.5, and 67386.1 through 67386.11.  You can read the proposed regulations by going to the Disc's website at http://www.dtsc.ca.gov.

    
Additionally, you can submit written comments on the proposed regulations by writing to: Ms. Nicole Stark, Chief, Environmental Analysis and Regulations Section, Department of Toxic Substances Control, P.O. Box 806,           Sacramento, CA  95812-0806 E-mail Address: [email protected]

NEW ENVIRONMENTAL FEE REGULATIONS

     From the California DTSC:

The Department of Toxic Substances Control (DTSC) is conducting a public workshop to discuss the proposed Environmental Fee Regulations.  The regulations are being developed as a result of the April 24, 2006, California Supreme Court ruling in the Morning Star v. State Board of Equalization et. al. case.  The Supreme Court's decision allows the collection of the environmental fee to continue without interruption, but directs DTSC to promulgate valid regulations under the Administrative Procedures Act. 

The Environmental Fee is a fee paid by businesses in industry groups that use, generate or store hazardous materials or that conduct activities related to those materials. It applies to businesses with 50 or more employees that are employed more than 500 hours in California during a calendar year. The fee is based upon the total number of employees.  The Environmental Fee is the main funding source for the DTSC contaminated site cleanup, hazardous materials laboratory, and pollution prevention activities. 

The public workshop is scheduled for November 28, 2006 at 10:00 am; Byron Sher Auditorium
1001 I Street, 2nd Floor; Sacramento, California  95812.  You can also participate by webcast at www.calepa.ca.gov/broadcast

CAL DTSC PROPOSING CHANGES IN UST REGULATIONS

     For your info:

     DTSC proposes some changes in California's underground storage tank regulations dealing with secondary containment structures.  The specific regulations to be amended are Title 22, California Code of Regulations, sections 66264.191, 66264.193, 66265.191, and 66265.193.

     There will be a public comment period from May 19-July 6 and a public hearing on the proposed changes to be held on July 6, 10 am in the Byron Sher Auditorium, 2nd Floor, 1001 "I" Street, Sacramento.

     Questions?  per the DTSC announcement of these regulatory changes, contact:

Ms. Joan Ferber, Regulations Coordinator
Environmental Analysis and Regulations Section
Department of Toxic Substances Control

Mailing Address:    P.O. Box 806, Sacramento, CA  95812-0806

E-mail Address:    [email protected]

Fax Number:        (916) 323-3215

Phone number:    (916) 322-6409. 

SCHWARZENEGGER MAKES KEY ENVIRONMENTAL APPOINTMENTS

     The California Governor announced the following appointments, per the Sacramento Bee's December 23 edition, as reported by Big News Network:

     -  Maureen Gorsen to head the Department of Toxic Substances Control ("DTSC"); Ms. Gorsen is presently a deputy secretary for law enforcement and counsel at California EPA

     -  Robert Sawyer to chair the State Air Resources Board; Mr. Sawyer is a Professor Emeritus at UC Berkeley

     -  Joan Denton (reappointment) to head the State Office of Environmental Health Hazard Assessment ("OEHHA")

     Each of these appointments requires State Senate confirmation.

    

CALIFORNIA DTSC SEEKING TO AMEND UPA REGS

     DTSC has announced it will hold a hearing in Sacramento on November 28, 2005 regarding proposed amendments to Unified Program Agency ("UPA") regulations.  Per DTSC's announcement:

The broad objectives of the proposed regulations are to provide criteria and a process for a unified program agency to demonstrate that it is qualified to conduct or require corrective action consistent with activities required by DTSC and other UPAs throughout the state. The specific objectives are to establish a tiered system of qualifications, allowing UPAs to select the level of qualification best suited to the types of facilities and corrective action they intend to address, and to provide a general procedure for conducting corrective action consistent with the requirements DTSC uses to ensure consistency throughout the state.

Further info of use:

Statements, arguments or contentions regarding rulemaking and/or supporting documents must be submitted in writing or may be presented orally or in writing at the public hearing in order for them to be considered by DTSC before it adopts, amends or repeals these regulations. To be included in this regulation package's mailing list, and to receive updates of this rulemaking, please leave a message on the DTSC mailing list phone line at (916) 324-9933, submit an e-mail message to [email protected], or submit a message to the listserv for these proposed regulations at www.calepa.ca.gov/Listservs/dtsc.