SAM Fall Forum San Diego, California October 2, 2014 Roger Vintze, Branch Chief Enforcement and Emergency Response Division Imperial and Trinity CUPA Department of Toxic Substances Control 627 Wake Avenue El Centro, California 92243

Mission Administration Brownfields and Environmental Restoration (Cleanups) Office of Permitting Safer Products and Workplaces Safer Consumer Products Hazardous Waste Management Enforcement and Emergency Response Division

 DTSC's Mission Statement  The mission of DTSC is to protect California’s people and environment from harmful effects of toxic substances by restoring contaminated resources, enforcing hazardous waste laws, reducing hazardous waste generation, and encouraging the manufacture of chemically safer products.

Vacancies: Director of DTSC Deputy Director, Enforcement and Emergency Response Division Branch Chief, Schools Evaluation and Brownfields Outreach- Cypress Division Chief, Enforcement and Emergency Response Division

Miriam Ingenito, Acting Director and Chief of Staff S. Black, Deputy Director, Brownfields and Environmental Restoration (Cleanups) R. Ghazi, P.E., Sup HSE II Office of Permitting P. Kewin, Division Chief, Enforcement and Emergency Response Division Environmental Justice Imperial and Trinity CUPAs

Eileen Manamian, Supervisor, Brownfields and Environmental Restoration-Cleanup Program will provide update on this Program. Actively Pursuing backfilling the Branch Chief, Brownfields and Environmental Restoration-Cleanup Program-Cypress.

As a result of internal and external concerns on lags in permits being issued, DTSC embarked on inside and outside evaluations (Fixing the Foundation) that made recommendations that resulted in the current process reviews and implementation of 2-Year Permitting Enhancement Work Plan. Permitting successfully completed Lean 6-Sigma training on process improvements that changed internal processes and are now looking to Phase 2 which when accomplished will have permits completed within a two-year cycle. Significant policy and procedures were finalized and have been implemented to gain efficiencies and skill sets for the permit writers. The Permitting Enhancement Work Plan has an emphasis on accessibility to the public and stakeholders to ensure their involvement earlier in the process of issuing or denying a permit. This establishes transparencies to the community, stakeholders, and environmental justice community.

Experts in legal, enforcement, and permitting have been preparing guidance documents to guide permit writers to assist in consistent decision-making. Permit writers guidance manuals will be a resulting document for future permit writers. Moving from teams back to hierarchical process flow. There are 50 permits being renewed and 20 that are being modified. The BCP allowed Permitting to hire 8 permit writers for 2 yr. limited term. Permitting is evolving Envirostor so public review can note future anticipated activities. DTSC is attempting to secure approvals from CalHR for creating a Permitting Division Chief position.

The Safer Consumer Products (SCP) regulations seek to reduce toxic chemicals in consumer products, create new business opportunities in the emerging safer consumer products economy, and make it easier for consumers and businesses to identify what chemicals are present in the products they buy. Instead of banning the use of a chemical without knowing the availability or safety of alternatives, the regulations provide a process for manufacturers to answer two questions: 1) is this chemical necessary? 2) Is there a safer alternative?

Thus far in 2014, 30 states have considered chemical safety legislation due to increasing concerns about the safety of chemicals in consumer products and the absence of TSCA reform. California, Maine, Minnesota, Oregon, Vermont and Washington were among the states that passed chemical safety legislation in 2013 but no state has been as proactive as California, whose Safer Consumer Products Regulations went into effect on October 1, DTSC announced the three proposed initial priority products: 1. Spray Polyurethane Foam (SPF) Systems containing unreacted diisocyanates 2. Children’s Foam Padded Sleeping Products containing Tris(1,3-dichloro-2-propyl) phosphate or TDCPP 3. Paint and Varnish Strippers, and Surface Cleaners with methylene chloride On October, 2014 the DTSC issued a three-year Work Plan as required.

DTSC considers a range of factors in identifying product-chemical combinations: Potential adverse impacts Exposures Sensitive populations Reliable information Adverse waste and end-of-life impacts Availability of safer alternatives

The draft initial Priority Products list identifies three products: 1. Spray Polyurethane Foam (SPF) Systems containing unreacted diisocyanates 2. Children’s Foam Padded Sleeping Products containing Tris(1,3-dichloro-2-propyl) phosphate or TDCPP 3. Paint and Varnish Strippers, and Surface Cleaners with methylene chloride

THIS IS NOT A BAN Listing a product on the initial Priority Products list is only the second step of a four-step process that could eventually lead to DTSC implementing a regulatory response. Once the initial Priority Products list is adopted in regulations, manufacturers of Priority Products will be required to notify DTSC and begin the Alternatives Analysis (AA) process. The findings of each manufacturer’s AA report will ultimately determine what regulatory response, if any, DTSC may impose. The SCP regulations provide a range of regulatory responses, ranging from product labeling to a sales prohibition.

What is upcoming?  October 1, 2013, regulations take effect;  April 1, 2014, deadline for proposing Priority Products list that will be subject to the regulations.  Oct. 1, 2014, deadline for DTSC to issue Priority Products work plan which identifies product categories that DTSC will evaluate to identify product-chemical combinations over next three years.  2015, before the Priority Product list gets finalized, it will undergo rulemaking process which may take up to one year. The date for having a final Priority Products list is therefore not fixed. There are several activities that are based on the date of having a final Priority Products list.  2015, 60 days after posting Final Priority Products list, responsible entities submit Priority Product Notification;  2015, 180 days after posting Final Priority Products list, responsible entities submit Preliminary Alternatives Analysis Report;

WHERE TO COMMENT: Comments on the draft Work Plan may be submitted using our California Safer Products Information Management System (CalSAFER) during the comment period from September 12, 2014 until 5 p.m. (PDT) on October 13, 2014.

Enforcement and Emergency Response Division Environmental Justice (EJ) Environmental justice is defined in California law as “the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.” DTSC defines environmental justice as “equal application of environmental protection for all communities and citizens without regard to race, national origin or income.”

DTSC EJ Initiative goals are: 1. Develop early consultation mechanisms with affected communities to identify environmental problems. 2. Prioritize sites based upon use of screening tools, such as CalEnviroScreen, the degree of cumulative impacts within an affected community. DTSC’s response may involve inspections, criminal investigations, emergency response, and site cleanup or enforcement action. 3. Coordinate with other state and local environmental organizations to solve environmental problems. 4. Provide continual communication channels with community leaders. 5. Provide affected communities with access to Departmental decision- making and policy development.

Enforcement and Emergency Response Division Pilot program on Consent Orders Imperial and Trinity CUPA