California Department of Toxic Substances Control

Last updated
Department of Toxic Substances Control
DTSC logo.png
Agency overview
Formed1991 (1991)
Preceding
Jurisdiction Statewide jurisdiction over toxic substances control
Agency executives
Parent agency California Environmental Protection Agency

The California Department of Toxic Substances Control (or DTSC) is an agency of the government of the state of California which protects public health and the environment from hazardous waste. DTSC is part of the California Environmental Protection Agency, with one thousand employees, and is headquartered in Sacramento. As of 2023, DTSC has regional offices in Berkeley, Chatsworth, Clovis, Commerce, Cypress, El Centro and San Diego and environmental chemistry laboratories in Berkeley and Pasadena. [1] Meredith Williams has served as the director of DTSC since 2019. [2]

Contents

History

The Hazardous Waste Control Act of 1972 [3] established legal standards for hazardous waste. Accordingly, in 1972, the Department of Health Services (now called the California Health and Human Services Agency) created a hazardous waste management unit, staffing it in 1973 with five employees concerned primarily with developing regulations and setting fees for the disposal of hazardous waste. In 1978, the Love Canal disaster caused an upswing in funding for the unit, which grew to seventy people before being made an official branch of the department.

In 1981, the unit was renamed to the Toxic Substances Control Division, consisting of a laboratory in Berkeley and a headquarters office in Sacramento, and took on public information duties. Eventually, the Division was severed from the Department of Health Services and placed under the new California Environmental Protection Agency. [4]

The agency has since expanded to include the regulation of commercial products including toys, jewelry and food packaging.

Areas of responsibility

DTSC regulates the generation, handling, treatment and disposal of hazardous waste in California. DTSC also cleans up hazardous waste sites in California such as disposal sites and industrial sites that resulted in contamination of soil and groundwater. Since 1 October 2013, DTSC can impose a range of regulatory responses to address hazards or potential harmful exposure. According to the Safer Consumer Products regulations, DTSC may: require additional product information for consumers; impose use restrictions on chemicals and products; prohibit the sale of a product; require engineering controls; require end-of-life management; or order funding for green chemistry research. [5]

Programs and laws

In cooperation with the United States Environmental Protection Agency, DTSC administers state and federal hazardous waste programs including:

Office of Criminal Investigations

Within DTSC's Hazardous Waste Management Program is the Office of Criminal Investigations (OCI). OCI is staffed with criminal investigators (sworn California State Peace Officers), environmental scientists and computer forensics specialists. DTSC Investigators are duly sworn peace officers of the State of California. [7] They are authorized to conduct investigations, make arrests, and carry firearms (among other duties).

As of 2015, Hansen Pang is the director of OCI. [8]

Criticism

In 2015, Exide lead contamination raised concerns about longstanding problems at the state Department of Toxic Substances Control. The governor and state legislators sought new laws, oversight hearings, and other reform efforts after a battery recycling facility east of Los Angeles was allowed to operate without a full permit for more than three decades and the company was not required to set aside adequate funds to clean up pollution coming from the plant. [9]

Related Research Articles

<span class="mw-page-title-main">Hazardous waste</span> Ignitable, reactive, corrosive and/or toxic unwanted or unusable materials

Hazardous waste is waste that has substantial or potential threats to public health or the environment. Hazardous waste is a type of dangerous goods. They usually have one or more of the following hazardous traits: ignitability, reactivity, corrosivity, toxicity. Listed hazardous wastes are materials specifically listed by regulatory authorities as hazardous wastes which are from non-specific sources, specific sources, or discarded chemical products. Hazardous wastes may be found in different physical states such as gaseous, liquids, or solids. A hazardous waste is a special type of waste because it cannot be disposed of by common means like other by-products of our everyday lives. Depending on the physical state of the waste, treatment and solidification processes might be required.

<span class="mw-page-title-main">Industrial waste</span> Waste produced by industrial activity or manufacturing processes

Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.

<span class="mw-page-title-main">Toxic waste</span> Any unwanted material which can cause harm

Toxic waste is any unwanted material in all forms that can cause harm. Mostly generated by industry, consumer products like televisions, computers, and phones contain toxic chemicals that can pollute the air and contaminate soil and water. Disposing of such waste is a major public health issue.

<span class="mw-page-title-main">Superfund</span> US federal program to investigate / clean up sites contaminated with hazardous substances

Superfund is a United States federal environmental remediation program established by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The program is administered by the Environmental Protection Agency (EPA). The program is designed to investigate and clean up sites contaminated with hazardous substances. Sites managed under this program are referred to as Superfund sites. Of all the sites selected for possible action under this program, 1178 remain on the National Priorities List (NPL) that makes them eligible for cleanup under the Superfund program. Sites on the NPL are considered the most highly contaminated and undergo longer-term remedial investigation and remedial action (cleanups). The state of New Jersey, the fifth smallest state in the U.S., is the location of about ten percent of the priority Superfund sites, a disproportionate amount.

<span class="mw-page-title-main">Resource Conservation and Recovery Act</span> Federal law in the United States governing the disposal of waste

The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste.

<span class="mw-page-title-main">Toxicity characteristic leaching procedure</span>

Toxicity characteristic leaching procedure (TCLP) is a soil sample extraction method for chemical analysis employed as an analytical method to simulate leaching through a landfill. The testing methodology is used to determine if a waste is characteristically hazardous, i.e., classified as one of the "D" listed wastes by the U.S. Environmental Protection Agency (EPA). The extract is analyzed for substances appropriate to the protocol.

<span class="mw-page-title-main">Santa Susana Field Laboratory</span> Industrial research and development facilities in California

The Santa Susana Field Laboratory (SSFL), formerly known as Rocketdyne, is a complex of industrial research and development facilities located on a 2,668-acre (1,080 ha) portion of Southern California in an unincorporated area of Ventura County in the Simi Hills between Simi Valley and Los Angeles. The site is located approximately 18 miles (29 km) northwest of Hollywood and approximately 30 miles (48 km) northwest of Downtown Los Angeles. Sage Ranch Park is adjacent on part of the northern boundary and the community of Bell Canyon is along the entire southern boundary.

Hazardous Waste Operations and Emergency Response is a set of guidelines produced and maintained by the Occupational Safety and Health Administration which regulates hazardous waste operations and emergency services in the United States and its territories. With these guidelines, the U.S. government regulates hazardous wastes and dangerous goods from inception to disposal.

<span class="mw-page-title-main">Household hazardous waste</span>

Household hazardous waste (HHW) was a term coined by Dave Galvin from Seattle, Washington in 1982 as part of the fulfillment of a US EPA grant. This new term was reflective of the recent passage of the Resource Conservation and Recovery Act of 1976 in the US. This act and subsequent regulations strengthened the environmental protection requirements for landfills, in Subpart D, and created a "cradle to grave" management system for hazardous wastes, in Subpart C. From RCRA 1976 the US EPA promulgated rules in 1980 which explicitly excluded any wastes from household origins from regulation as a hazardous waste at the federal level. Most US states adopted parallel regulations to RCRA 1976 but were allowed to be more stringent. California took advantage of this allowance and chose to not exempt household origin wastes from their state hazardous waste laws. HHW products exhibit many of the same dangerous characteristics as fully regulated hazardous waste which are their potential for reactivity, ignitability, corrosivity, toxicity, or persistence. Examples include drain cleaners, oil paint, motor oil, antifreeze, fuel, poisons, pesticides, herbicides and rodenticides, fluorescent lamps, lamp ballasts containing PCBs, some smoke detectors, and in some states, consumer electronics. Except for California, most states exclude HHW from their hazardous waste regulations and regulate the management of HHW largely under their solid waste regulatory schemes.

<span class="mw-page-title-main">Hazardous waste in the United States</span>

Under United States environmental policy, hazardous waste is a waste that has the potential to:

<span class="mw-page-title-main">Energy Technology Engineering Center</span>

The Energy Technology Engineering Center (ETEC), was a government-owned, contractor-operated complex of industrial facilities located within the 2,850-acre (11.5 km2) Santa Susana Field Laboratory (SSFL), Ventura County, California. The ETEC specialized in non-nuclear testing of components which were designed to transfer heat from a nuclear reactor using liquid metals instead of water or gas. The center operated from 1966 to 1998. The ETEC site has been closed and is now undergoing building removal and environmental remediation by the U.S. Department of Energy.

<span class="mw-page-title-main">Waste management law</span> Area of law regarding waste

Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.

<span class="mw-page-title-main">Kettleman Hills Hazardous Waste Facility</span> Hazardous waste and municipal solid waste disposal facility

The Kettleman Hills Hazardous Waste Facility is a large hazardous waste and municipal solid waste disposal facility, operated by Waste Management, Inc. The landfill is located at 35.9624°N 120.0102°W, 3.5 mi (5.6 km) southwest of Kettleman City on State Route 41 in the western San Joaquin Valley, Kings County, California.

Solid waste policy in the United States is aimed at developing and implementing proper mechanisms to effectively manage solid waste. For solid waste policy to be effective, inputs should come from stakeholders, including citizens, businesses, community-based organizations, non-governmental organizations, government agencies, universities, and other research organizations. These inputs form the basis of policy frameworks that influence solid waste management decisions. In the United States, the Environmental Protection Agency (EPA) regulates household, industrial, manufacturing, and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). Effective solid waste management is a cooperative effort involving federal, state, regional, and local entities. Thus, the RCRA's Solid Waste program section D encourages the environmental departments of each state to develop comprehensive plans to manage nonhazardous industrial and municipal solid waste.

The California Green Chemistry Initiative (CGCI) is a six-part initiative to reduce public and environmental exposure to toxins through improved knowledge and regulation of chemicals; two parts became statute in 2008. The other four parts were not passed, but are still on the agenda of the California Department of Toxic Substances Control green ribbon science panel discussions. The two parts of the California Green Chemistry Initiative that were passed are known as AB 1879 : Hazardous Materials and Toxic Substances Evaluation and Regulation and SB 509 : Toxic Information Clearinghouse. Implementation of CGCI has been delayed indefinitely beyond the January 1, 2011.

Certified Unified Program Agencies, or CUPAs, are local agencies that are certified by the Secretary of the California Environmental Protection Agency (CalEPA) to implement the CalEPA Unified Program elements in the CUPA's jurisdiction. The CalEPA Unified Program consolidates, coordinates, and makes consistent the administrative requirements, permits, inspections, and enforcement activities of six environmental and emergency response programs in California. These six programs are:

<span class="mw-page-title-main">Exemptions for fracking under United States federal law</span>

There are many exemptions for fracking under United States federal law: the oil and gas industries are exempt or excluded from certain sections of a number of the major federal environmental laws. These laws range from protecting clean water and air, to preventing the release of toxic substances and chemicals into the environment: the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund.

<span class="mw-page-title-main">Environmental cleanup law</span> Area of law

Environmental cleanup laws govern the removal of pollution or contaminants from environmental media such as soil, sediment, surface water, or ground water. Unlike pollution control laws, cleanup laws are designed to respond after-the-fact to environmental contamination, and consequently must often define not only the necessary response actions, but also the parties who may be responsible for undertaking such actions. Regulatory requirements may include rules for emergency response, liability allocation, site assessment, remedial investigation, feasibility studies, remedial action, post-remedial monitoring, and site reuse.

Brook Industrial Park (BIP) is an industrial area occupying 4.5 acres of the Borough of Bound Brook, New Jersey, in the United States of America. It is located on the northern bank of the Raritan River. Industrial, chemical and pesticide operations began in 1971 and eventually lead to the contamination of groundwater and exposure of workers to harmful dioxins. Throughout 1980 to 1988 the United States Environmental Protection Agency (EPA) and the New Jersey Department of Environmental Protection (NJDEP) conducted studies to determine if there were any threats being posed on the workers, community or environment by the BIP companies in their disposal of processed and stored chemicals.

References

  1. "DTSC: Who We Are and What We Do". Department of Toxic Substances Control. Retrieved 2023-09-26.
  2. "Executive Leadership Team". Department of Toxic Substances Control. Retrieved 2023-09-26.
  3. Cal. Health & Safety Code § 25100 et seq.
  4. "Our History". Department of Toxic Substances Control (DTSC).
  5. Duvall, Mark N.; Carra, Ryan J. & Serie, Timothy M. (March 19, 2016). "Evolving State Green Chemistry Initiatives". The National Law Review . Beveridge & Diamond PC. Retrieved 21 March 2016.
  6. CERCLA, 42 U.S.C. § 9601–9675.
  7. Cal. Penal Code § 830.3 subd. (h)
  8. "Governor Appoints Pang as DTSC's New OCI Chief". Department of Toxic Substances Control. Retrieved 2023-09-26.
  9. Barboza, Tony (May 28, 2016). "For public officials, accountability for Exide lead contamination has been scant". Los Angeles Times . Retrieved 2 June 2016.