Betrayal

On Monday, November 17, 2025 the Board of Environmental Safety (BES) ignored the unanimous voices of frontline communities and approved the Department of Toxic Substances Control's (DTSC) very flawed and incomplete Hazardous Waste Management “Plan” that is supposed to guide how the agency deals with hazardous waste and hazardous waste facilities like Ecobat. More shocking was the Board’s willingness to weaken its own oversight power. Despite the BES’s openly stated criticisms of the plan–and the dissenting vote of one Board member–the BES refused to hold the DTSC’s administration accountable for its below par performance and force it to start over. The result is a “plan” without any timelines or measurable goals to reduce hazardous waste that sidelines community health and well-being and opens the door to less oversight and less control of hazardous waste in California. The Board betrayed environmental justice communities. 

We did our best to communicate our concerns and questions about the plan to the Board. Communities across the state showed up in large numbers at four BES hearings and a webinar this year, and the BES heard and read scores of comments provided by the public about the draft plan, comments that came with the hope that the final draft would be the best possible plan for our state.

But DTSC chose to disregard our feedback. Mandi Bane, Deputy Director of the Hazardous Waste Management Program, admitted the Plan is largely unchanged from the first draft and changes were mostly limited to simplifying the language. In reality, all of the originally proposed recommendations are included in the approved version of the Plan except for three of the four recommendations exclusively labeled as focused on “environmental justice” and the single recommendation the BES directed DTSC staff to remove from the draft Plan.

So, you can imagine our surprise when DTSC Director Katie Butler's office celebrated the approval of the plan this week with this blatant lie:

“This plan was shaped by public feedback and guidance from the Board of Environmental Safety. The plan identifies opportunities to strengthen hazardous waste management in California while emphasizing community protection, scientific integrity and sustainability.”

Wow.

What is the Hazardous Waste Management Plan?

The BES website states that 

“The Hazardous Waste Management Plan is a roadmap for improving how hazardous waste is handled in California. It will use research and public input to identify current challenges and create strategies to manage hazardous waste more safely and efficiently. The plan will guide decisions on how to manage hazardous waste responsibly to reduce harmful impacts on public health and the environment.”

But the approved Plan leaves many unanswered questions. 

Where is the research that clearly identifies current challenges AND proposes clear strategies to manage hazardous waste safely?

Where is the comprehensive guide for managing hazardous waste? 

What are DTSC's measurable goals that prioritize community health and well-being?

Where is the hazardous waste in California? How much is there? How much can be reduced? What is the timeline for this reduction? What happens if DTSC does not meet its waste reduction targets?

Where are the various lithium-ion batteries (LIBs) in use in California? How many are there? How many of these can be reused/repurposed? How many will need to be recycled? Where will recycling take place, using what processes? How will DTSC prioritize community health and well-being in the management of the LIBs waste stream?

What are the steps DTSC will take to complete the new permitting rules that include a cumulative impacts risk assessment in overburdened communities? What is the timeline for completing these rules, given that they are almost a decade overdue? We know the consequences for communities that remain unprotected by these new rules. What are the consequences for DTSC when it does not meet its legal obligations?

Our questions need the comprehensive answers that are totally missing from the plan. 

What is the Board of Environmental Safety?

The Legislature created the BES in 2021 as part of a larger package of reforms to the DTSC. Communities took the lead in this reform effort to make the agency's work more transparent, effective, and accountable, especially to the communities it is tasked with protecting from harm. The BES website affirms that “board members represent the general public interest, protect public health, and reduce risks of toxic exposure with a particular focus on disproportionately burdened and vulnerable communities.”

Our communities expect the BES to fulfill this mission unequivocally. Its failure to do so this week is deeply distressing and disappointing, not only because it demonstrates the Board’s weakness when we need it to be a strong advocate for environmental justice. But also because it demonstrates how much work we all have ahead of us to make the DTSC an agency that actually puts our health and well-being before all else.

Clearly, it’s up to us. Let’s get to work!