May 2020

CalEPA (


  • Many affected sites have temporary portable emergency generators on site that are not included in SPCC Plans and HMBPs.  ITAG is seeking consistency between CUPAs on their handling; working with agencies on applicable codes
  • DTSC Generator Improvement Rule (GIR) DTSC will only be partially adopting the USEPA GIR and will need approval of Office of Administrative Law (OAL) & USEPA to adopt and implement the partial rule; Feds adopted GIR May 2017; State plan update by Q2 2020
  • Many CUPAs are still out doing routine inspections. Industry is asking for prioritization of the inspections as many internal company functions are working remotely during COVID-19 and audits to multiple sites requires overnight hotel stays. CUPA Forum Board will discuss options at their next meeting. We recommended that the CUPA prioritize the audits to focus on areas that could present a risk to public health and the environment, like drinking water, waste water, air quality, hazardous waste, to consider doing remote site audits of the recordkeeping and delay onsite visits if possible.
  • AB1429: reduces reporting frequency of HMBP (CERS) to every 3 years from annual for sites not subject to EPCRA Tier II reporting; The changes are functionality only and are with IT; expect completion within 10-12 weeks (August timeframe)
  • CUPA updates to website: CalEPA compliance assistance and compliance relief letter
  • CalRecycle: completing remote inspections through paperwork review only no onsite visit
  • Jason Bazer, CalEPA indicated that the CalEPA and SWRCB issued formal notices about compliance requirements and expectations during COVID-19 and will inquire about the status of other agencies that have not provided guidance. He will recommend a holistic approach be taken for addressing compliance for all regulatory agencies during these times, and we recommended a risk based approach.
  • There seems to be inconsistencies between CUPAs on identifying on HMBP maps all critical utilities including water for emergency shutdowns; some CUPAs want detailed water shutoff noted for toilets and water fountains and not the main incoming water source. Clarification will be sought
  • ITAG will be reviewing AB 2298 at the next meeting. AB 2298 (Carrillo) related to CUPA authority to close down a facility over concerns of imminent and substantial threat has been shelved for 2020 amid the COVID-19 pandemic and need to refocus efforts on response to COVID-19, state budget and more. The author’s office indicates they plan to return with the bill in 2021.
  • Link to the DTSC webpage that provides guidance during COVID-19. The webpage also has link to CalEPA’s website for their guidance.
  • DTSC has posted on its website a guidance for “30-Day Storage Extension Application to the 90-Day Hazardous Waste Accumulation Limit for RCRA Large Quantity Generators”.  The link and directions can be found at: storage-extensionapplication/
  • Generators can fill out and submit the request electronically.


  • Temporary Suspension of Enforcement of Certain Provisions of Financial Assurance Regulations-DTSC ADVISORY No. 2019-01 effective November 2019 Final 2018-2020 Work Plan

Office of Environmental Health Hazard Assessment (OEHHA)

Proposition 65 

  • Changes to the warning requirements now include specific chemicals and the hazard; targeting online sales as well
  • OEHHA has abandoned consideration of use of “averaging” in calculating reproductive toxicity exposure for food
    • Problematic scientific approaches
      • CICC joined industry coalition letter opposing precedent setting “averaging”
    • Previously abandoned similar proposal re arithmetic mean in food applications
      • CICC joined industry coalition letter supporting this move away from Mean
    • Safe harbor levels (No Significant Risk Levels (NSRLs) for cancer-causing chemicals and Maximum Allowable Dose Levels (MADLs) – Updated listing

Public Health Goals

  • OEHHA accepted comments through December 2019 on a revised proposal to second public review describing Proposed Public Health Goals (PHGs) for four trihalomethanes (THMs) found in drinking water as a result of disinfection methods
  • Note: Per ACC Chlorine Chemistry Division, The PHGs are much lower than current national limits. If implemented, these limits could seriously impact water treatment
    facilities using chlorine/bleach; in some cases, additional water treatment technology (filtration, ozone, UV, ClO2, etc.) would be required to meet the new limits.

CalOSHA: (

  • Indoor Heat Illness Regulations (updated 04/19/2020)
  • Scope: This standard applies to all indoor work areas where the temperature equals or exceeds 82 degrees Fahrenheit when employees are present. Conditions under which an indoor work area is subject to subsection (e):
    • (A) The temperature equals or exceeds 87 deg. F when employees are present; or
    • (B) The heat index equals or exceeds 87 deg. F when employees are present; or
    • (C) Employees wear clothing that restricts heat removal and the temperature equals
      or exceeds 82 deg. F; or 
    • (D) ) Employees work in a high radiant heat work area and the temperature equals
      or exceeds 82 deg. F.  
  • New Section 8 CCR 5141.1: Protection from Wildfire smoke NPR April 3, 2020; Public hearing was May 1, 2020


An Oppose Coalition Letter on AB 2737 (C. Garcia), regarding Community Emissions Reduction Programs is being developed. The bill prohibits an air district that contains an “AB 617 community” from authorizing a permit for any new business or expansion of existing businesses without a complex process to “mitigate” any air emissions.
Additionally, the bill requires land use/zoning plans to include CERPs.  The bill was scheduled to be heard in the Assembly Natural Resources committee on May 13.
HOT SPOTS INVENTORY GUIDELINES (HSIG) webinar was held April 30, 2020.  The AB 2588 Air Toxics “Hot Spots” Emission Inventory Criteria and Guidelines Regulation
(Guidelines, or EICG Regulation) provides direction and criteria to facilities on how to compile and submit air toxics emission data required by the “Hot Spots” Program.  The current regulation was approved by the Office of Administrative Law on August 27, 2007.  Proposed amendments may ensure comprehensive and up-to-date reporting of emission inventories and subsequent evaluation of health risks.  Reportedly designed to support community-focused efforts at CARB to reduce criteria pollutant and air toxic emissions from California’s most disadvantaged communities. 

Summary:  CARB identified over 200 toxic air contaminants (AB 1807 process); Adopted 26 ATCMs (18 measures for stationary sources, and 8 for mobile sources); AB 2588 has resulted in significant air quality benefits including millions of pounds of voluntary emission reductions

  • AB 617 identified first ten disadvantaged communities to engage in development of community emission reduction plans to mitigate air pollution impacts; First of its kind program designed to reduce localized air toxics exposure and risk from stationary sources CARB compiles emission data reported statewide; Districts identify facilities having potential for localized impacts
  • Stationary portable diesel engines >50 hp will be required to have emissions reported at specified larger facilities; District determinations regarding smaller engines that may pose public health risk
  • Proposed Updates to List of Substances:
    • Staff evaluated over 1,500 substances (in consultation with OEHHA and DPR)
    • CARB staff proposes 3 new functional group categories:
      • Any chemical containing the isocyanate functional group
      • Derivatives and substituted versions of polycyclicaromatic compounds that contain any halogen atom (chlorine, bromine, fluorine, or iodine)
      • Poly- and perfluorinated chemicals (i.e., PFAS related)
        • Appendix C – Guidance for Chemicals Expected by Process and/or Industry Sectors
        • Table C-II Chemical Manufacturing Sector (excerpt)
        • Appendix D – Source Testing

AB 2588 Statute emphasizes testing and measurement:

  • In some cases, allows appropriate use of estimation methods (e.g., emission factors, mass balance, etc.);
  • But requires “source testing or other measurement techniques …wherever necessary to verify emission estimates, as determined by the state board and to the extent technologically feasible”;
  • Appendix E – Reporting Requirements for Facilities Below 10 Tons/Year Criteria Pollutants • Table of classes/sectors (and de minimis thresholds if applicable) – harmonize with AB 617 Criteria and Toxics Reporting (CTR) Regulation
  • Consider a class/sector for facilities that emit 4 or more tons per year of criteria pollutants 
  • Email additional comments by May 21, 2020 to  Anticipate going to the Board in late 2020


  • A bi-partisan letter by legislative members was submitted to ARB.  The letter requests ARB to suspend all current and proposed rulemaking on freight transportation and harbor craft until January 2021 given the COVID crisis. 


  • 75% Reduction Target – programs for regulated businesses increasing
  • AB 1080 and SB 54 were suspended during last session returned and are stalled.

Governor Newsom signed an Executive Order on April 22, 2020 which states:  “Public Resources Code section 42283 is suspended for a period of 60 days to the extent that
it prohibits retail establishments from (a) providing without charge reusable grocery bags or recycled paper bags to customers at point of sale, or (b) where it is not possible to provide reusable grocery bags or recycled paper bags, providing single-use carryout bags to customers at point of sale.”  The EO also has other suspensions around CEQA and recycling centers.

Water Resources Control Board (SWRCB)

  • Microplastics: SWRCB goal to adopt a definition of microplastics by July1, 2020 and on or before July 1, 2021, to adopt a standard methodology to be used in the testing of drinking water for microplastics and requirements for four years of testing and reporting of microplastics in drinking water, including public disclosure of those results.