Lawmakers press DTSC on permits, fees and pace of Safer Consumer Products after SB 158 reforms

The California State Senate Environmental Quality Committee and the Assembly Environmental Safety and Toxic Materials Committee held a joint oversight hearing to review the Department of Toxic Substances Control's (DTSC) progress implementing SB 158 (2021). Director Katie Butler told lawmakers the agency has focused on three priorities—strengthening enforcement, improving community engagement and working collaboratively with regulatory partners—and described recent enforcement actions and public-facing tools.

Butler pointed to several recent, high-profile enforcement moves: a criminal investigation with the Los Angeles district attorney that led to five felony counts against Atlas Metals and the shutdown of that facility near a high school, and an imminent and substantial endangerment order at Chiquita Canyon Landfill that included corrective measures and penalties up to $70,000 per day if the operator fails to act. "We won't hesitate to use [criminal] authority when necessary," Butler said, framing enforcement as central to protecting nearby communities.

On finances, Butler and Board Chair Andrew Raikstra said SB 158's fee reforms initially produced shortfalls but recent statutory and regulatory changes helped stabilize revenue. Butler said DTSC's hazardous waste account grew from roughly $40 million to $67 million last fiscal year and that staff reductions and budget adjustments trimmed costs by about $18'$19 million. She added the department is "in a good place" to repay loans, while acknowledging a remaining structural deficit.

The hearing also focused on the draft Hazardous Waste Management Plan. Butler described meeting the statutory deadline for a draft and said public hearings and board input prompted substantive revisions, including removing a proposal to divert certain metal-contaminated soils to municipal landfills. Raikstra said the board plans to release a revised draft in September and anticipates a final vote in November, while urging clearer quantitative waste-reduction goals and stronger implementation steps in the plan.

Members pressed Butler on permitting. She acknowledged a long history of expired permits and described the Buttonwillow Clean Harbors draft permit as clearing some of the department's longest-standing continued permits. Butler defended use of shorter, five-year renewals in cases where closer checkpoints are warranted by a facility's compliance history, and said renewals can require community air monitoring and community health and safety plans.

Lawmakers and witnesses raised concerns about the pace of the Safer Consumer Products (SCP) program. Butler said the program has ramped up scientific capacity with "over 40 technical scientific projects" and projects regulating about 13 products over the next two to three years, which she said will bring the program closer to the statutory goal of roughly five priority product listings per year. Advocates at the hearing pressed for faster use of authorities under SB 502 and for legislative funding to operationalize new enforcement tools.

Across panels, industry groups urged clarity on test methods and sought to avoid duplicative regulation, while environmental advocates and affected community members called for faster action, stronger enforcement and more authority for community-informed decision making. Several public commenters singled out the Santa Susana Field Laboratory, Exide and other legacy cleanup sites as examples where they say DTSC should move more quickly and incorporate independent science.

The board and DTSC emphasized transparency steps—hybrid board meetings, Spanish interpretation and an inspection map—and signaled further work on performance metrics and fee-setting. Raikstra told the committee the board will vote on fee rates for fiscal years 2025 and 2026 at its upcoming meeting.

The committees did not take formal votes at the hearing. Lawmakers said they will continue oversight and requested more detailed briefings and materials as DTSC implements the hazardous waste management plan and finalizes related rulemakings.