Report 2020-107 Recommendation 3 Responses

Report 2020-107: California Department of Toxic Substances Control: The State's Poor Management of the Exide Cleanup Project Has Left Californians at Continued Risk of Lead Poisoning (Release Date: October 2020)

Recommendation #3 To: Toxic Substances Control, Department of

To ensure that the public and policy makers have the information they need to make informed decisions, DTSC should, by no later than April 2021, identify and publicize a date by which it expects to complete cleanup for all properties that meet or exceed the standard for lead contamination of 80 ppm identified in DTSC's cleanup plan. It should post this information on its website and, at least every six months, publish an update that indicates whether it is on track to meet that expected completion date based on its rate of progress.

Annual Follow-Up Agency Response From October 2023

On 7/12/2021, the Governor signed Senate Bill (SB) 158, a budget trailer bill that added $291 million to the residential cleanup project, to clean an additional 2740 residential properties by September 2025. With the addition of this new funding, DTSC has cleaned up 4979 properties as of 10/20/2023, and expects to complete cleanup of a total of 5940 properties by March 2025. DTSC has made the projected cleanup schedule publicly available via addition of a section to the Residential Cleanup website (https://dtsc.ca.gov/residential-cleanup/) that includes a timeline of cleanup activities with the newly approved funding to clean 5940 properties. On July 1, 2022, the CalEPA sent a letter to the U.S. EPA requesting to list the former Exide Technologies Inc. facility in Vernon, California and areas impacted by the former facility's operations under the Comprehensive Environmental Response, Compensation and Liability Act (Superfund) for cleanup. A copy of DTSC's letter to the U.S. EPA can be found on DTSC's website (https://dtsc.ca.gov/wp-content/uploads/sites/31/2022/07/CalEPA-letter-to-US-EPA-on-Listing-Exide-7.1.22.pdf). The U.S. EPA has begun the Site Assessment and Prelisting process for the Exide Facility and surrounding residential area. DTSC anticipates a response to the NPL request in October 2025. U.S. EPA's listing of the former Exide facility on the National Priority List (NPL) would provide additional critical resources needed to complete the cleanup of the remaining properties. If the Exide project is added to the NPL list, DTSC will provide an updated cleanup timeline. On 6/27/2023, Governor Newsom signed SB 101, a budget bill that added $67.3 million to the residential cleanup project, to clean up the residential parkways within Exide Preliminary Investigation area. Cleanup of the parkways is anticipated to begin late 2023. Overall, 6425 parkways exceed the residential cleanup goal for lead and/or other metals, and thus qualify for cleanup.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

DTSC identified a date it expects to clean the 5,940 properties that it has the funding to clean. However, DTSC did not identify a date it expects to clean all properties that meet or exceed the standard for lead contamination of 80 ppm identified in its cleanup plan, which is what we recommended.

Annual Follow-Up Agency Response From November 2022

On July 12, 2021, the Governor signed Senate Bill (SB) 158, a budget trailer bill that added $291 million to the residential cleanup project, to clean an additional 2,740 residential properties by September 2025. With the addition of this new funding, DTSC has cleaned up 4,218 properties as of October 21, 2022, and expects to complete cleanup of a total of 5,940 properties by March 2025.

DTSC has made the projected cleanup schedule publicly available via addition of a section to the Residential Cleanup website (https://dtsc.ca.gov/residential-cleanup/) that includes a timeline of cleanup activities with the newly approved funding to clean 5,940 properties. This timeline is updated monthly and when new residential cleanup funding is made available.

On July 1, 2022, the California Environmental Protection Agency sent a letter to the United States Environmental Protection Agency (U.S. EPA) requesting to list the former Exide Technologies Inc. facility in Vernon, California and areas impacted by the former facility's operations under the Comprehensive Environmental Response, Compensation and Liability Act (Superfund) for cleanup. A copy of DTSC's letter to the U.S. EPA can be found on DTSC's website (https://dtsc.ca.gov/wp-content/uploads/sites/31/2022/07/CalEPA-letter-to-US-EPA-on-Listing-Exide-7.1.22.pdf).

U.S. EPA's listing of the former Exide facility on the National Priority List (NPL) will provide additional critical resources needed to complete the cleanup of the remaining properties. If the Exide project is added to the NPL list, DTSC will provide an updated cleanup timeline.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

In its response, DTSC indicated that it expects to clean the 5,940 properties that it has the funding to clean by March 2025. However, DTSC did not identify a date by which it expects to clean all properties that meet or exceed the standard for lead contamination of 80 ppm identified in its cleanup plan, which is what we recommended.

1-Year Agency Response

SB-158 added $291 million to the residential cleanup project to clean an additional 2,740 residential properties by September 2025. With this new funding, DTSC expects it will be able to complete cleanup of a total of 5,940 properties by September 2025.

DTSC has made the projected cleanup schedule publicly available via addition of a section to the Residential Cleanup website (https://dtsc.ca.gov/residential-cleanup/) that includes a timeline of cleanup activities with the newly approved funding to clean 5,940 properties. This timeline will be updated monthly and/or when new residential cleanup funding is made available.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

DTSC identified a date it expects to clean the 5,940 properties that it has the funding to clean. However, DTSC did not identify a date it expects to clean all properties that meet or exceed the standard for lead contamination of 80 ppm identified in its cleanup plan, which is what we recommended.

6-Month Agency Response

New appropriations of state funding for additional cleanups would be part of future budgetary discussions. DTSC's Exide Public website (https://dtsc.ca.gov/residential-cleanup/) is updated weekly, and includes all information related to the status of cleanup and contracts. Additionally, DTSC notes that the state is not legally responsible for lead contamination cleanup for these properties.

California State Auditor's Assessment of 6-Month Status: Pending

In its response to recommendation #3, DTSC does not directly address our recommendation that it identify and publicize a date that it expects to complete the cleanup, nor whether it will post this information on its website and update its progress every six months as we recommend. Further, DTSC includes in its response a statement that the State is not legally responsible for lead contamination cleanup for these properties. If DTSC included this statement to suggest that it is not responsible for completing the cleanup of these lead contaminated properties, it should notify the Legislature.

60-Day Agency Response

Recommendation #2 Response Continued

DTSC has also continued to steadily increase the number of cleanup crews. NEC has employed 25 cleanup crews every week in the field since September 14, 2020, even with Stay-at-Home orders due to COVID-19, unprecedented wildfires, and the most recent increases in the COVID-19 cases in Southern California. We are working within the Administration to identify additional funds DTSC needs to get to our initial goal of up to 3,200 properties.

Recommendation #3 Response

New appropriations of state funding for additional cleanups would be part of future budgetary discussions.

California State Auditor's Assessment of 60-Day Status: Pending

DTSC provided a lengthy response to recommendation #2, which it continued onto this page.

In its response to recommendation #3, DTSC does not directly address our recommendation that it identify and publicize a date that it expects to complete the cleanup, nor whether it will post this information on its website and update its progress every six months as we recommend.

All Recommendations in 2020-107

Agency responses received are posted verbatim.