Don Foley

The report provided updates on several key areas for the Department of Toxic Substances Control (DTSC). Departmental news included the completion of cleanup on 5,940 parcels related to the Exide Update, the permanent shutdown of Atlas Iron & Metal Co. following a multi-agency enforcement case, and the issuance of a Corrective Action Order to Sonic Plating Company due to contamination issues. The inaugural meeting of the Environmental Justice Advisory Council (EJAC) was noted, along with a highlight of the Margaret Gordon Apartments project which involved soil removal and vapor mitigation. DTSC officially transitioned the CUPA responsibility for Trinity County back to Trinity County. Regulatory updates covered the Safer Consumer Products Rulemaking, specifically regarding Microplastics as a Candidate Chemical, and implementation updates for SB 673. The Director's Priorities for Fiscal Year 2025-2026 focus on institutionalizing equitable enforcement, adopting best practices for public participation, advancing science and technology, and addressing Per- and Polyfluoroalkyl Substances (PFASs). Permitting updates indicated anticipated draft permits in July 2025 for facilities in Kern County and LA County, with a final decision expected for Ecobat in October 2025.

The agenda for the meeting includes the opening session, welcome address, and reports from the Executive Officer and DTSC Leadership, covering department updates, director priorities, and permit updates. Key items for action involve the Board reviewing and voting on an updated decision schedule for a Hazardous Waste Facility Operation Permit Decision Status Report, specifically for Ecobat Resources California, Inc. The agenda also schedules updates on SB 673 Track 2, the Environmental Justice Advisory Council (EJAC), and a presentation of fees for Fiscal Year 2025-26, including DTSC budget act updates and BES fee scenarios. A public forum is scheduled for items not listed on the agenda.

This report examines mercury contamination in California's environment, focusing on the contribution of discarded mercury-containing waste not currently regulated as hazardous. It details mercury's chemistry, toxicology, sources, products, and environmental burden. The report concludes that additional controls are necessary and recommends changes to the State's criteria for classifying mercury-containing waste as hazardous, proposing the regulation of intentionally added mercury products when discarded, and outlining various management options.

The meeting agenda for the Department of Toxic Substances Control (DTSC) Leadership Report covered department news, the Exide update, DTSC priorities, the Ecobat Draft Permit Decision, and the Hazardous Waste Management Plan. Department news included updates on the Chiquita Canyon Landfill response and extensions for public comment periods related to the Chemical Waste Management Kettleman Hills Facility draft permit and Phibro-tech permits. Safer Consumer Products updates involved the conclusion of the 2024-2026 Priority Product Work Plan comment period and upcoming workshops regarding 1,4-Dioxane and Candidate Chemicals in Artificial Turf. The Exide update detailed cleanup progress, noting 5,251 parcels cleaned up and the recommendation for listing Exide on the National Priorities List (NPL). DTSC priorities for FY 2024-25 include addressing the Generation & Handling Fee Shortfall, promoting equity, institutionalizing community engagement, enacting policies for climate change and sustainability, and maximizing enforcement authorities. The Ecobat Draft Permit Decision section outlined enhanced conditions, an extended public comment period, and desired outcomes centered on safe operations and community protection. Finally, the presentation included a timeline for developing and engaging stakeholders for the 2025 Hazardous Waste Management Plan update.

The Public Forum meeting included initial comments from the public regarding several topics, specifically mentioning PhibroTech, key earnings, Santa Susana, the utilization of SB158 tools by the BES, balancing business community interests, the necessity of public involvement in clean technology matters, and opposing viewpoints concerning the BES Operational Plan.