Chapter 6
The Department of Environmental Protection

INTRODUCTION
California once led the nation in its work to protect the environment. California passed the Air Pollution Control Act in 1947, five years before the federal government enacted comprehensive legislation regulating air pollution. Today, while California is still a pioneer in its efforts to protect the environment, the organization of its statewide environmental protection agency has fallen behind the times.

The California Environmental Protection Agency (Cal-EPA) was created in 1991 to reorganize California’s environmental programs. Unfortunately, while the goal of the reorganization was to create an integrated environmental protection program, Cal-EPA continues to operate as a collection of boards and commissions without a unified environmental protection strategy. The way hazardous materials are regulated and toxic waste is cleaned up exemplifies the fragmented nature of California’s public health and environmental protection efforts.

Three agencies within Cal-EPA, and other entities not under its control are principally responsible for toxic cleanup. Instead of added protection this fragmentation means agencies are not sure how many toxic cleanup sites exist; different cleanup processes and standards are used by each agency for the same toxic contaminants under identical circumstances; and, for any given cleanup, it is unclear which agency is responsible. Organizational obstacles have blocked ad hoc, intra-agency, and even legislative attempts to resolve this situation. Continuing population growth and development in California demand that efforts to keep the air, land and water clean must be efficient and focused.

FINDINGS OF THE CALIFORNIA PERFORMANCE REVIEW
The California Performance Review found that the current organization of Cal-EPA has four key problems:

  1. The current framework for environmental regulation lacks accountability. Responsibility for environmental and public health protection is divided between 16 legislatively created independent boards and commissions, including: the Air Resources Board, the Integrated Waste Management Board, the Water Resources Control Board and the regional Water Resources Control Boards. The members of these boards and commissions are not accountable to the Secretary or the Governor. As a result, it is difficult to implement a coherent environmental protection policy.
  2. Environmental decisions do not reflect an integrated understanding of different types of pollution. Because each board or commission is responsible for a specific type of pollution, decision-makers do not focus on how their choices affect other areas of the environment. For instance, MTBE, a gasoline additive created to reduce air pollution, resulted in severe water pollution in the Santa Monica and Lake Tahoe basins.
  3. There is significant overlap in jurisdictional functions within Cal-EPA. For example, the Department of Toxic Substances Control and the regional Water Quality Control Boards both have jurisdiction over cleaning up certain hazardous materials in the land and water. This duplication wastes resources and makes responsibilities unclear.
  4. Environmental programs are dispersed throughout government. Responsibility for water quality, waste management, and responding to environmental emergencies are still split between the Department of Health Services, the Resources Agency and Cal-EPA.

PROPOSED ORGANIZATIONAL IMPROVEMENTS
The proposed framework would transform Cal-EPA from a collection of separate boards and commissions into an integrated Department of Environmental Protection to effectively protect California’s environment.

Specifically, the Department of Environmental Protection should include the following organizational units:

  • Office of the Secretary for Environmental Protection;
  • Division of Air Quality;
  • Division of Water Quality;
  • Division of Pollution Prevention, Recycling and Waste Management;
  • Division of Site Cleanup and Emergency Response; and
  • Division of Pesticide Regulation.

This organizational framework is depicted in Exhibit 7.

  1. Office of the Secretary
    1. Management Goal: The Secretary of the Department of Environmental Protection should be directly accountable for the protection of California’s environment. The Secretary should provide an integrated perspective on environmental protection that takes into account air, water, and solid waste pollution. The Secretary should also reduce overhead costs by consolidating administrative functions within the Department.


    2. Purpose and Functions: The Secretary should serve as the primary point of accountability for managing environmental protection programs, reporting directly to the Governor. The Secretary should lead the divisions within the new Department.


    3. Transferred Functions: All program support functions should be transferred to the Office of the Secretary, including administrative services (information technology, budgets and accounting, personnel and business services), legal counsel, public affairs, legislative affairs and regulatory and policy development from the boards, departments and offices of Cal-EPA.


  2. Division of Air Quality
    1. Management Goal: The goal of the Division of Air Quality should be to keep California’s air clean in the most efficient and effective way possible.


    2. Purpose and Functions: The Division of Air Quality should protect air quality by establishing air quality standards for specific pollutants, developing and implementing plans to reach and maintain these clean air standards, evaluating federal standards, conducting research studies and setting emission limits for vehicular and industrial sources.


    3. Transferred Functions: All functions of the Air Resources Board should be transferred to the Division of Air Quality.


  3. Division of Water Quality
    1. Management Goal: The goal of the Division of Water Quality should be to protect California’s water resources in a way that is accountable to the public.


    2. Purpose and Functions: The Division of Water Quality should protect and restore water quality by issuing water discharge permits, regulating storm water runoff, protecting watersheds and producing water basin plans.


    3. Transferred Functions: The water quality functions from the State Water Resources Control Board and nine Regional Water Quality Control Boards; and the Drinking Water Branch and the Shell Fish Monitoring Program from the Department of Health Services should be transferred to the Division of Water Quality.


  4. Division of Pollution Prevention, Recycling and Waste Management
    1. Management Goal: The goals of the Division of Pollution Prevention, Recycling and Waste Management should be to regulate the disposal of solid waste to maximize recycling, minimize the impact of solid waste on the environment and help citizens and businesses do their part to protect the environment.


    2. Purpose and Functions: The Division of Pollution Prevention, Recycling and Waste Management should administer pollution prevention and recycling programs; permit and inspect facilities and operations; and create policies and enforce laws and regulations for solid, hazardous, radiological and medical waste.


    3. Transferred Functions: The following functions and programs should be transferred to the Division of Pollution Prevention, Recycling and Waste Management:
      • Division of Recycling from the Department of Conservation;
      • Diversion, Planning and Local Assistance Division from the Integrated Waste Management Board;
      • Waste Prevention and Market Development Division from the Integrated Waste Management Board;
      • Special Waste Division from the Integrated Waste Management Board;
      • Office of Pollution Prevention from the Department of Toxic Substances Control;
      • Hazardous Waste Management Program and the Hazardous Materials Laboratory from the Department of Toxic Substances Control;
      • Radiological Health Branch from the Department of Health Services (with the exception of the Registration, Certification, Mammography and Standards Section);
      • Environmental Management Branch from the Department of Health Services;
      • Permitting and Enforcement Division from the Integrated Waste Management Board; and
      • Functions and staffing from the State Water Resources Control Board and the Regional Water Quality Control Boards that deal with solid waste management.

  5. Division of Site Cleanup and Emergency Response
    1. Management Goal: The goals of the Division should be to respond to environmental emergencies and clean up hazardous sites in a safe, timely and efficient manner.


    2. Purpose and Functions: The Division of Site Cleanup and Emergency Response should oversee the cleanup of sites contaminated with hazardous substances, conduct prevention programs and provide emergency cleanup response for oil spills, hazardous substance releases and illegal methamphetamine “labs.”


    3. Transferred Functions: The following functions should be transferred to the Division of Site Cleanup and Emergency Response:
      • Underground Storage Tank Program from the State Water Resources Control Board;
      • Site cleanup and corrective action functions from the Department of Toxic Substances Control;
      • Human and Ecological Risk Division from the Department of Toxic Substances Control;
      • Site cleanup responsibility for Department of Defense sites from the Department of Toxic Substances Control and the State Water Resources Control Board;
      • Site cleanup functions in the Spills, Leaks, Investigations and Cleanup Program from the State Water Resources Control Board;
      • Remediation, Closure and Technical Services Branch from the Integrated Waste Management Board;
      • Oil Spill Prevention and Response Program from the Department of Fish and Game;
      • Marine Facilities Division from the State Lands Commission;
      • Spill prevention and response functions from the California Coastal Commission;
      • Emergency Response Program from the Department of Toxic Substances Control; and
      • Hazardous Materials Program from the Office of Emergency Services.

  6. Division of Pesticide Regulation
    1. Management Goal: The Division’s primary goal should be to regulate the use of pesticides in agriculture to keep food safe, promote worker safety and protect the environment. The Division of Pesticide Regulation should also strive to minimize the burden of regulation on the affected industries, consistent with public safety.


    2. Purpose and Functions: The Division of Pesticide Regulation should regulate the registration, sale and use of pesticides for indoor and outdoor use.


    3. Transferred Functions: All functions and staff from the Department of Pesticide Regulation and the Structural Pest Control Board within the Department of Consumer Affairs should be transferred to the Division of Pesticide Regulation.