SRRTTF Draft Feb. Meeting Notes/Measurable Progress Report/PCBs in Bldg. Materials Publication/Ecology Proposal to Amend MTCA Cleanup Regulations Webinars Info.

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Hi Task Force,
Please see below for a recap of the last Task Force meeting, including notes on the options for the Task Force future, along with other information items:

SRRTTF DRAFT Meeting Summary February 22, 2023

SRRTTF Measurable Progress Report link:
https://apps.ecology.wa.gov/publications/SummaryPages/2310004.html

Publication with information regarding PCBs in building materials link: https://indd.adobe.com/view/b67f4d6f-5438-42c2-84f7-0c3631a18cb5?startpage=8&utm_medium=email&utm_source=govdelivery

MTCA Cleanup Regulations Practitioners:

The Department of Ecology (Ecology) proposes to amend Chapter 173-340 WAC, the Model Toxics Control Act Cleanup Regulations.  The proposal is authorized by and implements Chapter 70A.305 RCW, the Model Toxics Control Act (MTCA), and Chapter 70A.355 RCW, the Underground Storage Tank law.  Ecology filed the rule proposal on February 15, 2023.  The proposal is currently available for review and comment by the public.  Ecology will hold two public hearings on the proposal via webinar on March 23 and March 27, 2023.  The comment period on the proposal closes April 16, 2023.

As part of the rulemaking, Ecology is proposing to replace the current site hazard assessment and ranking process specified in the rule (WARM) with an improved process developed outside the rule (SHARP).  The new SHARP will be subject to functional requirements, performance standards, and public participation requirements in the proposed rule.  On March 1, 2023, Ecology plans to provide the public with notice and a concurrent opportunity to review and comment on the proposed SHARP Tool.  The comment period on the SHARP Tool will also close on April 16, 2023.

What is the purpose of the rulemaking?

The purpose of the rulemaking is to:

  • Improve the site hazard assessment and ranking process.
  • Revitalize MTCA cleanup program planning and assessment.
  • Update and clarify remedial investigation and remedy selection requirements.
  • Distinguish more clearly requirements applying to independent remedial actions.
  • Improve response to underground storage tank (UST) releases, and maintain federal approval of the state’s UST program, as required by Chapter 70A.355 RCW.
  • Strengthen environmental justice principles when prioritizing and cleaning up sites.
  • Advance public participation and tribal engagement.
  • Make the rule easier to use and understand.

Who may be impacted?

The rule proposal may impact persons who:

  • Are responsible for investigating and cleaning up contaminated sites.
  • Provide services to persons who investigate and clean up contaminated sites.
  • Own or operate UST systems regulated under Chapter 173-360A WAC.
  • Persons who may be exposed to or impacted by contaminated sites.

 What documents are available for your review?

The following documents are available for your review and comment:

  • Proposal notice – CR102 form.
  • Proposed rule language.
  • Preliminary Regulatory Analyses.
  • SEPA Environmental Checklist and Determination of Nonsignificance.

Additional documents are available to aid your review of the proposed rule amendments.To download these documents, visit our rulemaking website.  If you would prefer to review hard copies of any of these documents, contact Clint Stanovsky, Cleanup Rulemaking Lead, at 360-742-9703 or MTCARule@ecy.wa.gov.

How can I provide comments?

The comment period on the rule proposal ends April 16, 2023.  You can submit comments through one of the following ways:

Submit comments online

Mail comments to:
Sarah Wollwage
Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600

Attend a public hearing – see below

Please note that any information (e.g., personal or contact) you provide in a comment or in an attachment may be publicly disclosed and posted on the internet.

 How can I attend a public hearing?

Ecology will hold two public hearings on this rule proposal via webinar.  Webinars are an online meeting you can attend from any computer, tablet, or smartphone using internet access.  The hearings will begin with a short presentation and question and answer session, followed by the opportunity to provide testimony. 

For assistance with disabilities, please contact Ecology by March 16, 2023.  See accessibility contact information below.

DateTimeHow to Join
Thursday, March 23, 202310:00 a.m.Webinar hearing via Zoom Join March 23 webinar online Join by phone (audio only): Call toll free 253-215-8782 and enter meeting ID 856 6571 0963.  
Monday, March 27, 20235:00 p.m.Webinar hearing via Zoom Join March 27 webinar online Join by phone (audio only): Call toll free 253-215-8782 and enter meeting ID 871 1342 5365.

Ecology’s response to your comments

All of the comments we receive will become part of the official record.  We will publish responses to comments in a Concise Explanatory Statement (CES), which required by the Administrative Procedure Act, Chapter 34.05 RCW.  The CES will be available after the rule is adopted.

When does Ecology plan to adopt the rule?  What is the anticipated effective date of the rule?

Ecology intends to adopt the rule amendments in August 2023.  The anticipated effective date is January 1, 2024.

 Where can I find more information about the rulemaking?

For more information about the rulemaking, visit our rulemaking website.  If you have any questions about the rulemaking, contact Clint Stanovsky, Cleanup Rulemaking Lead, at 360-742-9703 or MTCARule@ecy.wa.gov.

How do I request ADA accommodation for disabilities?

To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology’s ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831.  People with impaired hearing may call Washington Relay Service at 711.  People with speech disability may call TTY at 877-833-6341.