DTSC UPA App CUPA 2011 presentation

1. Department of Toxic
Substances Control (DTSC)
Corrective Action-Delegated
Unified Program Agencies (UPA)
meeting
CUPA Conference
February 1, 2011
Tuesday 3-5
Valencia Room

2. 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)

3. Corrective Action Programs
USEPA
CalEPA
DTSC SWRCB
Local Agencies/Districts
Health and Safety Code
LOPs/LIAs for petroleum hydrocarbons
under Health and Safety Code 25299
Voluntary Programs for all other contaminants
under Health and Safety Code Section 101480
Corrective Action UPAs for CUPA regulated facilities
under Health and Safety Code Section 25187
Water Code

4. 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)

5. 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

6. 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

7. 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

8. 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

9. UPA Application
•Form DTSC 1447
–model application and
instructions, finalized
1/17/2008
–both available on
DTSC web site

10. UPA Application
•DTSC 1447A –
Identification and Tier
Selection

11. 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)

12. 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)

13. 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)

14. 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

15. 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

16. UPA Application
•DTSC 1447G Tier 2
Specialist
–Only needed for
services contracted
out

17. 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

18. UPA Application
•DTSC 1447I Tier 2
UPA Experience
–Additional years of
LOP or response
action experience
–Relevant (Tier 2)
projects

19. UPA Application
•DTSC 1447J
Implement
Assessments and
Corrective Action
–Narrative of policies,
procedures, and
guidance docs
–Copy and work with
DTSC

20. UPA Application
•DTSC 1447K
Adequacy of Staff
Resources
–Organization chart of
UPA staff only
–Additional staff
required, explain even
if you answer no

21. 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

22. 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)

23. 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

24. 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?