The Model Toxics Control Act (MTCA) Process

Описание: Learn more about the MTCA Process and how you can submit a public comment.

More on MTCA:
Talkin' Toxics Part 1:    • Talkin' Toxics: Cleaning up Whatcom’s wate...  
Part 2:    • Talkin' Toxics: Cleaning up Whatcom's wate...  
Ecology’s How the Process Works: https://ecology.wa.gov/Spills-Cleanup...
Bellingham Bay Cleanup Sites: https://ecology.wa.gov/Spills-Cleanup...

Script for video:
Hi, I’m Eleanor Hines, the North Sound Baykeeper and lead scientist at RE Sources. I’m here to tell you more about Washington’s law that lays out how we deal with areas contaminated with toxic substances from past industrial and commercial activities, such as heavy metals and cancer-causing materials. It’s called the Model Toxics Control Act, or MTCA for short (which is how we pronounce the acronym M-T-C-A). You may be watching this video because there’s an open public comment period for a local MTCA site, and you want to know where to start and how to voice your input.

With an ever-increasing number of contaminated sites in Washington, MTCA was passed as a citizen’s ballot initiative in 1988. Its goal is to speed up cleanups of our state’s legacy contaminated sites. Legacy contamination is what we call toxic substances left over from the industrial history and other past practices of an area.

Ok, let’s get into the formal MTCA process. It starts with what’s called a Site Discovery- someone has to first identify that a site may be contaminated, and report it to the Washington State Department of Ecology. An Initial Investigation is conducted to evaluate how likely and how severe potential exposure to chemicals would be for human health and the environment. For example, suppose you encounter a rainbow sheen floating on the bay. Is this just a few drops of oil spilled accidentally or a sign of something much bigger like a leaking underground petroleum storage tank?

The next step is to conduct a Remedial Investigation and Feasibility Study. These are done by consultants who work with Ecology and the Potentially Liable Persons, or PLPs, who are responsible for the cleanup. Many times, these two steps are combined into a single report and put out for public comment. The Remedial Investigation looks at the nature and extent of contamination— essentially, how much contamination there is and how far it traveled. It also looks at potential impacts to human health and the environment. In the Feasibility Study, Ecology may present a handful of possible ways to clean up the site, called alternatives, typically ranging from remedies that physically put a cap on the contaminants to a full blown removal of all contaminants. Rest assured, all alternatives meet the MTCA standards for cleanup to protect human health and the environment. A preferred alternative is then identified as the alternative that provides the most remedial benefits for the cost. During the public comment period, folks can comment on these alternatives and Ecology will address each comment submitted in the process.

The preferred alternative will be further developed to create a draft Cleanup Action Plan which will also be open for public comment. The next step is to refine the cleanup action plan even more with additional site investigations to inform an Engineering Design Report, which dives even deeper into details of construction for the cleanup plan. The PLPs will use this report to develop construction plans and specs and secure permits. Then, long anticipated construction will start on the site to actually get it cleaned up. The final cleanup will be done under another legal agreement, which will also be available for public review and comment.

Now that the site is cleaned up, the work does not stop. Scientists monitor it to make sure the cleanup worked as intended. This step is called Monitoring and Site Use Controls. Site use controls make sure that the land can’t be used or developed in ways that may disturb the contained contaminants. For example, a cleaned up site may be safe for a manufacturing facility but not for a pre-school. And finally, typically 5 years after cleanup, periodic reviews are done to ensure the cleanup meets standards and requirements. These periodic reviews are also open to public review and comment. If these are met, then the last and most anticipated step is to remove the site from the Hazardous Site List.

This whole process can take many years to complete but at any time, Ecology can start what’s called an Interim Action to partially address contamination. This helps to ensure that the site is not leaking contaminants into the environment before it is fully cleaned up.

Alright! That was a lot to dig into, but there’s a brief overview of the MTCA process. We hope you’ll continue to dive deeper to learn more and submit your own public comment! Check out the notes for this video to find more information to start diving deeper into MTCA.