September 27, 2011

Work on Updating of the MTCA Cleanup Regulation is on Hold

Working Draft

The Toxics Cleanup Program stopped work on updating the MTCA rule following Executive Order 10-06 directing agencies to suspend for one year non-critical rulemaking. The Toxics Cleanup Program has decided to post the work on the rule to date. This working draft reflects advisory group and staff work over the past couple of years; it is not complete and is still a work in progress. We are posting this information so that persons who contributed to the efforts and others who are interested can see that status. Ecology will not resume work on this until the rulemaking suspension ends. This is a working draft; it does not represent final proposed rule language.

• MTCA Rule Sections 100 – 600 & 800’s (WORKING DRAFT)
• MTCA Rule Sections 700 & 900 (WORKING DRAFT)

Important Note

The formatting used in this draft identifies and, for the most part, briefly explains the changes.

Most changes are identified with overstrike/underscore. However, there is a significant amount of reformatting that has been done that is not completely reflected by overstrike/underlining.  To maintain the flow of the text and improve readability, in these cases the changes are instead identified using colored text, footnotes, or both; for example, when text has been moved but not changed, or when current text for an entire subsection or section has been completely replaced with new language.

All changes are identified, through highlighting, colored text, footnotes, or explanations.

In addition, there is an outline and overview of the changes at the beginning of each document. Considerable explanatory text is also contained in footnotes.

This Draft is Incomplete

Note that this is a preliminary and incomplete working draft. For several sections, technical evaluations are incomplete and currently are on hold. Ecology will resume evaluations when work on the rule is allowed to continue. Analyses required by the Administrative Procedures Act such as an environmental review and cost-benefit analysis have not been completed.

Some sections do not yet reflect input from advisory group members; Ecology will resume evaluating and incorporating input when work is allowed to proceed.

Ecology is posting this draft to enable interested persons to review and consider the preliminary rule language. Although we welcome all input and feedback, because of E.O. 10-06 Ecology will not be evaluating or responding to comments until work on this rule is allowed to proceed.

Send communications regarding this draft to: RuleUpdate@ecy.wa.gov. Please put: “MTCA Rule Draft Comments” in the subject line. If you have specific questions please contact Martha Hankins at martha.hankins@ecy.wa.gov or Pete Kmet at peter.kmet@ecy.wa.gov.