Washington
State Department of Ecology : Toxics Cleanup
Program
MTCA Policy Advisory Committee
BACKGROUND
In 1995, the Legislature tasked Ecology with establishing a Policy Advisory
Committee to study and re-evaluate how the state Model Toxics Control Act (MTCA)
is working. The goal of the committee is to review how MTCA is carried out, and
provide any advice to the Legislature and Ecology on any administrative or
legislative actions that could make the process more effective. The committee
consists of twenty-two members with
designated alternates representing a
wide range of interests from public and private sectors as specified by the
legislation. By December 15, 1995, the committee will submit a preliminary
report to the legislature identifying the questions and issues the committee
will address, including a plan for allowing other interested parties to comment.
At a minimum the committee will make recommendations on the following subjects:
- Cleanup standards and cleanup levels, including the use of site-specific
risk assessment;
- Policies, rules, and procedures, including cost, current and future land
use, and selection of cleanup remedies;
- Program implementation including staff training, and accountability for
cleanup decisions;
- Incentives to potentially liable persons
- Ecologically-based cleanup standards and levels; and
- Effectiveness of independent cleanups.
The committee is also charged with evaluating alternative methods of carrying
out the requirements of the MTCA to accomplish faster, less-expensive, and
equally protective cleanups at complex sites. To do this, the committee has
selected two pilot sites to study: the L-Bar Products site in Chewelah; and the
Yakima Valley Spray site in Yakima. Information the committee acquires from
studying the pilot sites and from other sources will be included in a final
report to both Ecology and the Legislature by December 1996.
General Information
Pilot Studies
Issue Resolution Recommendations
Preliminary Recommendations
1996 Meetings
1996 Meeting Records
- December 10, 1996
The main objectives for the December 10 meeting were to reach resolution on
remedy selection, the Toxics Cleanup Program (TCP) budget, receive a
presentation on the interim Total Petroleum Hydrocarbons (TPH) policy, and
review and approve the draft report to the Legislature.
- November 26, 1996
The main objectives for the November 26 meeting were to reach issue
resolution on areawide contamination, risk assessment, remedy selection,
residual risk/risk range, liability and contribution, public participation,
interim Total Petroleum Hydrocarbons (TPH) policy, ecorisk standards,
commercial/gas station scenario, Toxics Control Programs (TCP) budget, and
review the outline and schedule for the final report to the Legislature.
- November 18, 1996
The main objectives for the November 18 meeting were to reach resolution on
remaining risk assessment and remedy selection issues, public participation,
plume clause/access, training, contribution language, and fees for enhanced
technical assistance; and discuss the Toxics Cleanup Program Budget,
consultant certification, and the final report to the Legislature.
- November 6, 1996
The main objectives for the November 6 meeting were to reach resolution on
remedy selection, public participation, risk assessment, training for
Potentially Liable Parties (PLPs), ecological risk assessments, an interim
Total Petroleum Hydrocarbons (TPH) policy; and to hear updates on the plume
clause and TCP budget.
- October 22, 1996
The main objectives for the October 22 meeting were to reach resolution on
an interim Total Petroleum Hydrocarbons (TPH) policy, plume clause, and
area-wide contamination; discuss site-specific risk assessment issues,
ecorisk standards, remedy selection, training for Potentially Liable Parties
(PLPs), equitable factors, and the Toxics Cleanup Program (TCP) budget cost
implications for preliminary PAC recommendations.
- October 08, 1996
The main objectives for the October 8 meeting were to reach resolution on
site-specific risk assessment issues, public participation, and release
reporting; discuss the Toxics Control Program budget and cost implications
of PAC recommendations; receive an update on equitable factors, training,
and reliance on guidance documents, interim Total Petroleum Hydrocarbons
(TPH) policy, ecorisk standards, and area-wide contamination issues.
- September 24, 1996
The main objectives for the September 24 meeting were to reach issue
resolution on plume clause, transferability of covenants not to sue,
site-specific risk assessment issues, and area-wide contamination; provide
comments to Ecology concerning the draft Biennial Appropriation Request;
receive issue updates on public participation, an interim Total Petroleum
Hydrocarbons (TPH) policy, ecorisk standards, remedy selection issues, and
the cost estimate of PAC recommendations.
- September 10, 1996
The main objectives for the September 10 meeting were to reach issue
resolution on remedy selection issues, site-specific risk assessment issues,
sales tax policy, and area-wide contamination; receive the draft Biennial
Appropriation Request; hear an update on the fate and transport subcommittee
of the Science Advisory Board (SAB); and receive issue updates on public
participation, an interim Total Petroleum Hydrocarbons (TPH) policy, and
transferability of covenants not to sue.
- August 06, 1996
The main objectives for the August 6 meeting were to reach issue resolution
on site-specific risk assessment, ecological risk assessment, dispute
resolution, independent cleanup quality control, and technical assistance;
discuss potential issue resolutions for public participation, cleanup action
levels, remedy cost and permanence; hear status reports on the sediment
cleanup program, the Total Petroleum Hydrocarbons (TPH) interim policy,
pilot sites, the TPH Policy Oversight Group, and contract support for PAC
activities.
- July 12, 1996
The main objectives for the July 12 meeting were to hear from experts on
area-wide lead and arsenic contamination in orchard lands, receive an update
on the remedy selection issues being discussed in subcommittee, discuss the
neutral appeals issue resolution progress, discuss the impacts of changing
the current tax policy, and hear a status report on the interim Total
Petroleum Hydrocarbons (TPH) policy development.
- June 4, 1996
The main objectives for the June 4 meeting were to discuss the status of the
site-specific risk assessment, neutral appeals, tax policy disincentives,
and transfer of convenants and purchaser agreements issue papers, hear the
results of the remedy selection case study meeting and the implications for
remedy selection issues, hear from a panel about public participation in
MTCA implementation, and receive a briefing on the preliminary draft public
participation issue paper.
- May 14, 1996
The main objectives for the May 14 meeting were to discuss the Remedy
Selection Subcommittee's approach to the case studies, discuss and reach a
consensus on an interim Total Petroleum Hydrocarbons (TPH) policy, discuss
and reach consensus on technical assistance provided by Ecology, and discuss
the issues surrounding a plume liability clause, sales tax disincentive, and
site-specific risk assessment.
- April 16, 1996
The main objectives for the April 16 meeting were to review the case study
risk assessment results, begin discussion on site-specific risk assessment,
hear status reports from the Remedy Selection, Independent Cleanup, and
Implementation Subcommittees, review the public participation implications
of the case studies, hear a status report on the TPH Initiative, and
identify subcommittee issues for resolution at the May meeting.
- March 8, 1996
The main objectives for the March 8 meeting were to reach a decision on the
PAC's recommended approaches to ecological risk assessment, cleanup action
levels, Total Petroleum Hydrocarbons (TPH), and technical assistance; review
the status of preliminary case study risk assessments; discuss implications
of case study risk assessment results on remedy selection; and discuss and
decide on the PAC's input to Ecology's Biennial Appropriation Request and
budget.
- February 2, 1996
The main objectives for the February 2 meeting of the PAC were to hear the
Risk Assessment Subcommittee's status on the case studies' risk assessments,
receive a briefing on ecological risk assessments, review and comment on the
case studies' risk assessment scenarios, receive a briefing on the status of
ESSB 6123 (Industrial Cleanup Standards), review the status of the Total
Petroleum Hydrocarbons (TPH) ongoing groups and studies, receive a briefing
on the status of the pilot studies, review the process for preparation of
Ecology's biennial appropriation request, identify some issues ripe for
resolution, and review the status of the work plan.
- January 5, 1996
The main objectives for the January 5 meeting of the PAC were to review and
finalize case studies; define risk assessment scenarios and assumptions;
define public involvement implications of the case studies; receive a
briefing on the Science Advisory Board; discuss and adopt 1996 work plan;
and identify, discuss, and schedule issues ripe for resolution.
1995 Meetings
1995 Meeting Records
- December 13, 1995
The main objectives for the December 13 meeting of the PAC were to review
and give approval of the preliminary report being sent to the Legislature,
to discuss a proposed 1996 work plan, and agree on an agenda for the meeting
scheduled for January 5, 1996.
- November 28, 1995
The main objectives for the November 28 meeting of the PAC were to receive a
briefing from the Implementation Subcommittee, set priorities for the
Implementation Subcommittee, hear a report from the MTCA Regional Citizens
Advisory Committees (RCAC), receive a briefing from the Legislative Report
Subcommittee, discuss the draft Legislative report, and discuss actions
regarding potential submittal of legislation relating to MTCA.
- November 7, 1995
The main objectives of the November 7 meeting of the PAC were to receive
briefings from each of the four subcommittees, to discuss approaches to
setting criteria for prioritizing issues, and to begin to identify priority
issues for each subcommittee to be addressed in the 1996 work plan, which
will serve as the basis for the December 15 legislative report.
- October 24, 1995
The main objectives for the October 24 meeting of the PAC were to hear
reports from the risk assessment, independent cleanup, and remedy selection
subcommittees; to present an overview of MTCA implementation and identify
issues related to implementation; and to form a fourth subcommittee to
address implementation.
- October 10, 1995
The main objectives for the October 10 meeting of the PAC were to hear
reports from the risk and independent cleanups subcommittees; to present a
summary of the remedy selection process under MTCA and identify issues
related to remedy selection; and to form a third subcommittee to address
Remedy Selection.
- September 29, 1995
The main objectives for the September 29 meeting of the PAC was to hear
about the history of MTCA to provide a perspective regarding how and why
MTCA came to exist as it does today; to select two pilot study sites; to
learn about Independent Cleanup process under MTCA and identify issues
associated with these cleanups.
For more information, contact:
Dawn Hooper
PO Box 7600
Olympia, WA 98504-7600
Telephone: 360-407-7182
FAX: 360-407-7154
E-Mail: dhoo461@ecy.wa.gov
Washington
State Department of Ecology : Toxics Cleanup
Program