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 and Transportation Services Division (SFTSD) approvals with form SFPD 4.14 (DOC) and form SFPD 4.15 (DOC). For more detailed information refer to the DTSC web page or contacts listed, the link on the appropriate form, or contact SFTSD regarding inter-related SFTSD 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.

Aslam Shareef
Phase I Coordinator
Brownfields Restoration and School Evaluation Branch
Site Mitigation and Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, California 90630
(714) 484-5472
Aslam.Shareef@dtsc.ca.gov

Tina Kahaduwa
Agreement Coordinator
Brownfields Restoration and School Evaluation Branch
Site Mitigation and Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, California  90630
Tina.Kahaduwa@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.

Send $1,500 Phase I review fee to
Department of Toxic Substances Control Accounting Office/Cashier
1001 I Street, 21st Floor
P.O. Box 806
Sacramento, CA 95812-0896

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 (DOC)]. 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 (DOC)] and final plan [form SFPD 4.07 (DOC)] 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:

Aslam Shareef
Phase I Coordinator
Brownfields Restoration and School Evaluation Branch
Site Mitigation and Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, California 90630
(714) 484-5472
Aslam.Shareef@dtsc.ca.gov

Tina Kahaduwa
Agreement Coordinator
Brownfields Restoration and School Evaluation Branch
Site Mitigation and Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, California  90630
Tina.Kahaduwa@dtsc.ca.gov

Mr.Shareef 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 see below.

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 (DOC) 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 Mr.Shareef 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. Mr.Shareef 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 Mr.Shareef as noted above.

Contacts

California Department of Education,
School Facilities and Transportation Services Division
1430 N Street, Suite 1201
Sacramento, CA 95814
916-322-2470
sftsd@cde.ca.gov

Aslam Shareef
Phase I Coordinator
BrownfieldsRestoration and School Evaluation Branch
Site Mitigation and Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, California 90630
(714) 484-5472
Aslam.Shareef@dtsc.ca.gov

Tina Kahaduwa
Agreement Coordinator
BrownfieldsRestoration and School Evaluation Branch
Site Mitigation and Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, California 90630
Tina.Kahaduwa@dtsc.ca.gov

Tim Crick, Unit Chief
Sacramento Office
Site Mitigation and Restoration Program
8800 Cal Center Drive
Sacramento, CA 95826
916-255-6405
Tim.Crick@dtsc.ca.gov

Department of Toxic Substances Control web page