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Department of Toxic Substances Control Procedures


Requirements for Submittal of a Phase I or Initiation of Agreements and Contracts

The following provides a brief summary of when and how to: submit a Phase I for Department of Toxic Substances Control (DTSC) review, initiate a DTSC environmental oversight agreement for preliminary endangerment assessments or voluntary cleanup agreements for response actions, and obtain School Facilities Planning and Transportation Services Division (SFPTSD) approvals with form SFPD 4.14 and form SFPD 4.15. For more detailed information refer to the DTSC Web page External link opens in new window or tab. or contacts listed, the link on the appropriate form, or contact SFPTSD regarding inter-related SFPTSD and DTSC procedures and policies.

Submittal of Phase I Environmental Site Assessments for DTSC Review

If a Phase I report concludes that no further investigation is recommended (or if the Phase I recommends further investigation is necessary only for lead-based paint and/or polychlorinated biphenyls (PCBs) from transformers, or organochlorine pesticides (OCPs) from termiticides), send one signed paper copy and one electronic copy in Adobe (PDF) format of the Phase I, with proof of the preparer's qualifications to the following address. Do not submit any payments to this address.

Ellen DelMar, Phase I Coordinator
Brownfields and Environmental Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, CA 90630
714 484-5482
edelmar@dtsc.ca.gov

Submittal of $1,500 for Phase I Review Fee

For each Phase I submitted for review to the above address, also submit a check payable to the Department of Toxic Substances Control for $1,500 (advance estimated review fee) to the address below. On the face of the check also indicate the name of the district and which site/project this fee is to be applied to. Do not submit Phase Is to this address.

Department of Toxic Substances Control
Accounting/Cashier
1001 I Street, 21st Floor
P.O. Box 806
Sacramento, CA 95812-0806

Phase I reports that are more than six months old must be updated by a qualified Phase I preparer prior to DTSC approval. DTSC will review the Phase I, conduct a site review, and send a determination letter (or request additional information) within 30 days of receipt. DTSC will account for and refund any unused portion of the advance payment of send invoices for any additional costs incurred, if any. Only submit the DTSC approved Phase I and determination letter to SFPTSD with a complete site approval package (see form SFPD 4.01). For final plan approval, submit only the DTSC determination letter.

Lead-Based Paint/Polychlorinated Biphenyls (PCBs)/Organochlorine Pesticides (OCPs) for Termiticides and SFPD Form 4.14

If lead-based paint and/or PCBs and/or OCPs are the only DTSC identified issues requiring further investigation, local educational agencies (LEAs) may seek CDE final approvals prior to completing this investigation and/or cleanup by completing the form SFPD 4.14. The LEA signed form SFPD 4.14 should be forwarded with a copy of the DTSC Phase I determination letter to the DTSC branch chief of the appropriate regional office (the DTSC determination letter will note the office of origin). DTSC will return a completed copy of the 4.14 to the LEA. Include the completed form SFPD 4.14 with the site (form SFPD 4.01) and final plan (form SFPD 4.07) submittals to the California Department of Education.

Preliminary Endangerment Assessments and Environmental Oversight and Cleanup Agreements

If the Phase I concludes that further investigation is recommended (e.g., recognized environmental condition other than lead-based paint or transformer PCBs), or if DTSC has reviewed a Phase I and has determined that further investigation via a Preliminary Endangerment Assessment (PEA) is required (or with the concurrence of DTSC without a Phase I review), the LEA may choose to no longer consider the site or pursue a PEA under DTSC oversight. If electing to pursue the acquisition or construction project, the LEA shall enter into an Environmental Oversight Agreement (EOA) for DTSC to oversee the preparation of a PEA. Forward the completed application, signed by an authorized LEA representative, to:

Ellen DelMar, Agreement Coordinator
Brownfields and Environmental Restoration Program
Department of Toxic Substances Control
5796 Corporate Ave.
Cypress, CA 90630
714-484-5482
edelmar@dtsc.ca.gov

Ms. DelMar will prepare and forward an EOA for LEA review and signature. Subsequently, a DTSC project manager will contact the LEA to schedule a scoping meeting.

For those projects where the LEA is already working with a DTSC Project Manager (such as a PEA going into a Response Action, or a Voluntary Cleanup Agreement (VCA) converting into a School Cleanup Agreement (SCA), the additional contact person will be the unit supervisor for that project manager.

For general information on Oversight Agreements, school facilities investigations, or cleanups contact:

Javier Hinojosa, Unit Chief
Brownfield and Environmental Restoration Program
9211 Oakdale Avenue
Chatsworth, CA 91311
818-717-6612
jhinojos@dtsc.ca.gov

Response Actions, Voluntary or School Cleanup Agreements, and Form SFPD 4.15

If DTSC has approved a PEA and a response action is required (further investigation or cleanup, such as Removal Action Workplan or Remedial Action Plan) and the LEA wishes to pursue the project, the LEA will then need to amend the EOA into a Voluntary Cleanup Agreement (VCA) for DTSC oversight of the response action. A more stringent School Cleanup Agreement (SCA) may be initiated instead of a VCA if the LEA chooses to seek CDE final approvals, via completion of form SFPD 4.15, prior to completing the response action. Form SFPD 4.15 should be completed and signed by an authorized LEA representative and forwarded with a copy of the DTSC PEA determination letter to the DTSC branch chief of the appropriate regional office. DTSC will complete its portion of the form and return a completed copy of the SFPD 4.14 to the LEA. Include the completed form SFPD 4.15 with the site (form SFPD 4.01) and final plan (form SFPD 4.07) submittals to the California Department of Education. To amend the existing EOA into a VCA or SCA, forward a written request, signed by any authorized LEA representative, to Ms. Ellen DelMar to the address as noted above. The request should include docket number for the existing EOA, school name and DTSC site code, description of further action to be conducted (supplemental site investigation, removal action, remedial investigation, feasibility study or remedial action), chemicals of concern at the site, date of the approved PEA, date of DTSC determination for response action, and designation of authorized LEA representative who will coordinate activities with DTSC and sign the agreement. Ms. DelMar will prepare and forward an agreement for LEA review and signature. Subsequently, DTSC will contact the LEA to schedule a scoping meeting. For information regarding the response action process or amending an agreement, contact Ms. DelMar as noted above.

Contacts

California Department of Education,
School Facilities Planning and Transportation Services Division
Michael O'Neill, Consultant/Environmental Coordinator
1430 N Street, Suite 1201
Sacramento, CA 95814
916-322-1453
moneill@cde.ca.gov

Sacramento Office
Jose Salcedo, Chief
Northern California Schools Unit
Department of Toxic Substances Control
8800 Cal Center Drive
Sacramento, CA 95826
916-255-3732
jose.salcedo@dtsc.ca.gov

Cypress Office
Shahir Haddad, Chief
Brownfields and Environmental Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, CA 90603-4732
714-484-5368
shaddad@dtsc.ca.gov

Thomas M. Cota
Schools team Performance Manager
Brownfields & Environmental Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, CA 90630
714-484-5459
tcota@dtsc.ca.gov

Department of Toxic Substances Control Web page External link opens in new window or tab.

Questions:   Michael O'Neill | moneill@cde.ca.gov | 916-322-1463
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