The Department of Ecology is proposing to update the Model Toxics Control Act
Cleanup Regulation (Chapter 173-340 WAC) and certain portions of the Sediment
Management Standards (Chapter 173-204 WAC). These rules govern the cleanup of
contaminated sites in Washington. Issues being considered by Ecology include:
- Revisions to establish clear policies and align MTCA and SMS
requirements for sediments.
- Updating cleanup standards to reflect new scientific information and
recent changes to state and federal regulations. Issues include, but are not
limited to:
- Policies and methods to address the vapor intrusion pathway.
- Fish consumption rates for high exposure groups.
- Cleanup levels for lead-contaminated soils and revisions to Method A
cleanup levels.
- Revising the rule to address implementation concerns identified since
the 2001 MTCA rule amendment. Issues include, but are not limited to:
- Clarifying and streamlining procedures for establishing cleanup
standards and selecting cleanup actions.
- Adding procedures for issuing property-specific opinions under
Ecology’s Voluntary Cleanup Program.
- Revising the rule to incorporate new statutory requirements enacted
since the 2001 MTCA rule amendments, including:
- The Uniform Environmental Covenants Act (passed in 2007 as SB 5421).
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