1. Department of Toxic Substances Control “IT’S ELEMENTARY!” School Brownfields and Institutional Controls Hamid Saebfar Acting Assistant Deputy Director Department of Toxic Substances Control May 2008

2. Department of Toxic Substances Control How Does DTSC Fit Into California Government? Part of Calif. Environmental Protection Agency Mission: To protect public health and the environment from harmful exposures to hazardous substances and hazardous wastes in air, soil, and water Regulates hazardous waste generation, storage, transportation, treatment, and disposal Responds or oversees response actions and site mitigation at sites with contamination from hazardous substances

3. Department of Toxic Substances Control What Is DTSC’s Role At California Schools? Education Code (§ 17210-17213.2) requires: –DTSC oversight and approval of environmental investigations and cleanups to ensure no environmental health threats at new and/or expanding schools –Systematic approach be followed to evaluate properties for new and/or expanding schools –Allows allocation of public bond funds for property acquisition and school construction if environmentally suitable

4. Department of Toxic Substances Control Why Are Environmental Reviews Required for California Schools? 1995-1999: public concerns about several Los Angeles schools resulted in legislative audit and hearings Some schools built on or near landfills, Superfund sites, oilfields or other hazards New legislation (AB 387 and SB 162) amended Education Code, effective 1/1/00; required DTSC oversight of environmental reviews for new and expanding schools

5. Department of Toxic Substances Control Schools Stakeholders School Districts Consultants Department of Education (CDE) Office of Public School Construction (OPSC) Division Of State Architect (DSA) Regional Water Quality Control Board (RWQCB) Air Resources Board/Air Quality Management District Parents Students Faculty and Staff Community members Political officials Environmental Activists Coalition for Adequate Student Housing (CASH)

6. Department of Toxic Substances Control Problems Facing School Districts Overcrowded, aging schools Need for new/expanded schools to house growing population Limited available land, especially in urban areas Limited funds and high costs for property acquisition and construction Competition with other districts for matching state funds Lack of experience/knowledge re: hazardous wastes/substances/materials

7. Department of Toxic Substances Control School Brownfields 90,000 Brownfields sites in California –Actual or perceived contamination –Potential for development and reuse –May be abandoned, former industrial properties Restoration will –Protect public health and the environment –Stimulate community redevelopment and economic growth –Provide new sites for safe schools

8. Department of Toxic Substances Control How Does DTSC Assist School Districts? Identifies “Recognized Environmental Conditions,” i.e., potential or actual releases of hazardous materials to the environment Identifies health risks and hazards at potential or expanding school sites; potential liabilities Oversees mitigation to reduce health risks and environmental hazards; reduces liabilities Involves community in environmental decisions; responds to concerns re: health and environmental issues

9. Department of Toxic Substances Control Priority “Drivers” for School Sites Imminent and Substantial Endangerment School District schedules Legislative deadlines for Phase Is, PEAs –30days/ 60days Internal deadlines for document review –first drafts = 30 days; revised drafts = 15 days Construction Response = 2 - 3 days Complaints from public = 24 hours Policy and Guidance Development

10. Department of Toxic Substances Control Three-Step Schools Process Step One: Phase I Environmental Site Assessment Step Two: Investigation - Preliminary Environmental Assessment Step Three: Clean-up – Response Action

11. Department of Toxic Substances Control Step 1: Phase I (Record Reviews) Purposes of Phase I: –Conduct record review to identify “Recognized Environmental Conditions” at prospective site –Meet All Appropriate Inquiries, ASTM standard –Evaluate possible release or threat of release of hazardous materials, based on historic operations, site conditions, and offsite impacts –Determine if “No Action” or “Further Action” required

12. Department of Toxic Substances Control Education Code - DTSC Timelines for Schools Phase Is: Within 30 days of receipt, DTSC must –complete review or –request additional information PEAs: Within 60 days of receipt, DTSC must –concur with adequacy of determination or request revisions –issue determination of “further action required” or “no further action required

13. Department of Toxic Substances Control Step 2: Preliminary Environmental Assessment (PEA) - Investigations Purpose of PEA: –Determine if a release or potential for release is present –Determine if hazardous materials pose a threat to human health or the environment –Determine response action Steps involved in PEA: –Environmental Oversight Agreement –Scoping meeting –Limited Sampling –Conduct Screening health risk assessment

14. Department of Toxic Substances Control Step 3 - Response Actions - Cleanups Cleanup Plan –Removal Action Workplan (RAW) or Remedial Action Plan (RAP) –Evaluation of cleanup alternatives, cleanup goals –CEQA –Public Participation DTSC sample documents (templates) available –Facilitate preparation, ensure completeness, and expedite cleanup process

15. Department of Toxic Substances Control Investigation Process

16. Department of Toxic Substances Control Cleanup Process

17. Department of Toxic Substances Control Schools Program Model Protect public health and environment –Multidisciplinary, professional project teams Focus on customer service –Districts seen as project proponents, not polluters –Efficient evaluations; expedited projects Well-defined process, goals, timelines –Education Code, statutory timelines –Guidance, fact sheets, and sample documents provide consistent, predictable roadmap for stakeholders Public outreach, input required

18. Department of Toxic Substances Control Success Indicators Reduction in Toxicity/Environmental Threat Acreage cleared Classrooms constructed Student population served Public outreach events Mandated timeframes achieved Guidance and policies developed Annual Work Plan Outputs – Phase 1s, PEAs, etc. Recovery of DTSC oversight costs

19. Department of Toxic Substances Control Schools Program Accomplishments 2000 through 2007 Overseen 1,975 school projects in 470 districts since 2000: –1,172 Phase I Reviews –1,023 Investigations (PEAs) –Overseen 167 Cleanups (159 RAWs and 8 RAPs) –Cleared 1,546 sites for construction

20. Department of Toxic Substances Control DTSC School Environmental Assessment Manual (SEAM) Currently in development; due mid-2008 Objectives: –Provide comprehensive protocol/reference for conducting environmental assessments for prospective/new schools (Phase I, PEA, SSI) –Provide protocols for investigations of environmental concerns at existing schools –Consolidate information and templates from advisories, fact sheets, and guidance documents

21. Department of Toxic Substances Control Types of Institutional Controls Governmental Controls –Zoning, Master Plans, Ordinances, Building Permits Operation & Maintenance Plan, Agreement Proprietary Controls –Restrict use through ownership (deeds) –Provide notice in perpetuity of deed restrictions –Land Use Covenants or Easements Restrict development, construction, and/or use Limit owner to compatible uses Provide access

22. Department of Toxic Substances Control DTSC Policy – Land Use Restrictions Purposes: –Prevent inappropriate land uses –Provide information to public re: residual contamination –Carry out long-term mitigation measures; maintain integrity and stability of remedies –Ensure notification to subsequent owners of responsibilities for contaminated property –Require DTSC approval prior to changes in land use or remedies

23. Department of Toxic Substances Control State Responsibility & Authority for Institutional Controls Ensure protection of human health and the environment Legal Authority under Gov’t Code, Civil Code, Health and Safety Code, and Title 22, Cal. Code of Regulations to require ICs State approval required prior to modification and/or termination of ICs State has authority via Land Use Covenant to seek remedy in State courts if terms are violated

24. Department of Toxic Substances Control When is O&M Needed for Schools? Operations & Maintenance Agreement, Plan required for: –Sites with Methane (biogenic, petrogenic source) where remedy is venting system installed in buildings –Sites with Naturally Occurring Asbestos where remedy is cap or landscape of all bare soils Requires inspections, protection of remedy to ensure long-term effectiveness

25. Department of Toxic Substances Control When Are LUCs Needed At Schools? When hazardous materials are left in place –With concentrations above acceptable residential risk levels Not needed for naturally occurring hazardous materials, e.g., methane and asbestos Needed if site meets criteria for School-Based Risk Assessment, but not for Residential Risk

26. Department of Toxic Substances Control DTSC Policy – Land Use Covenants Remedy Selection requires evaluation to: –A) Cleanup site to unrestricted use (residential) –B) Define requirements if leaving waste in place LUC required –If waste left in place at concentrations greater that allowed for unrestricted use –Signed by DTSC and the landowner –Enables DTSC to monitor and enforce ICs to ensure protectiveness of remedy

27. Department of Toxic Substances Control DTSC’s List of Land Use Restricted Sites Assembly Bill AB 871 and AB 2436 required DTSC to: –Post list of all Land Use Restricted Sites on DTSC website –Provide easy access to information on land use restrictions and affected sites to the public Land Use Restricted Sites List –Includes sites cleaned up under DTSC oversight –Generally does not include current or former hazardous waste facilities that required a hazardous waste facility permit –Represents sites with active or current land use restrictions –Includes some sites with multiple land use restrictions. –DTSC will continue to update this list as documents become available

28. Department of Toxic Substances Control Contact Information For more information, contact: Hamid Saebfar Brownfields & Environmental Restoration Program Department of Toxic Substances Control 9211 Oakdale Avenue Chatsworth, California 91311 Telephone: (818) 717-6528 Email: hsaebfar@dtsc.ca.gov