Projects at many brownfield properties slated for redevelopment in 2008 and 2009 have been postponed indefinitely as a result of the current economic climate. The difficulties facing developers of such sites may be compounded by the fact that the Washington State Department of Ecology has announced upcoming revisions to the Model Toxics Control Act (MTCA). These revisions may include:
· Expanding the list of chemicals that are assigned cleanup levels,
· Modifying Method A Cleanup Levels for soil and groundwater,
· Incorporating risk-based assessments of human health and the environment when establishing site-specific Method B and C Cleanup Levels, and
· Establishing cleanup levels for soil and groundwater that are protective of indoor air.
Modifications to MTCA mean that any redevelopment of brownfield sites, such as industrial facilities, former retail gasoline stations and dry cleaners, and automobile wrecking yards, may be subject to revised cleanup levels that have yet to be established. Although the rule revision notification was released in February 2009, any changes made to the rule likely won’t take effect until 2012. While we do not know what the impacts on redevelopment may be, prior modifications to MTCA have – with some exceptions – resulted in more rigorous regulations.
Remediation at brownfield sites currently under redevelopment and managed by Ecology must comply with MTCA cleanup levels that were last revised in 2001, at which time the majority of cleanup levels were reduced as a result of new information. The toxicity of commonly identified chemicals at contaminated sites is frequently evaluated by the United States Environmental Protection Agency (EPA), as well as several state and federal regulatory agencies. Every five years Ecology is required to reevaluate the cleanup levels based on new toxicity data.
As part of the remedial process under MTCA, a property owner/developer is required to conduct a MTCA-compliant cleanup action if they hope to apply for a determination of No Further Action or a Covenant Not to Sue, or if they anticipate recovering costs associated with investigation or remediation of environmental contamination. Compliance with MTCA includes completing a remedial investigation and a feasibility study prior to remediating a site. A feasibility study assigns site-specific cleanup levels and allows the user to conduct an engineering evaluation of the most efficient, cost-effective remedial technologies based on the results of the remedial investigation.
Considering the amount of time and money spent on conducting a feasibility study, it is in the user’s best interest to ensure that the cleanup levels and points of compliance are approved in advance by Ecology. If the cleanup levels for chemicals at a given site drop, e.g., the cleanup level for a chemical in soil drops from 0.03 mg/kg to 0.01 mg/kg as a result of modifications to MTCA, it is possible that Ecology will require additional investigation and/or remedial activities be conducted to achieve the specified cleanup levels. However, if cleanup levels for a given site increase, e.g., the cleanup level for a chemical rises from 2,000 mg/kg to 5,000 mg/kg, several sites currently listed in Ecology’s databases may be granted closure.
Clearly, updating Washington cleanup standards according to the best available science is important to ensure protection of human health and the environment. However, the implications of these changes for property owners and developers could be significant.
Ecology anticipates issuing its rule pre-proposal statement of inquiry in Fall 2010, which will incorporate the tentative draft rule text. Any individual or organization who wishes to review proposed rule revisions or submit questions or comments can do so at:
http://www.ecy.wa.gov/programs/tcp/regs/2009MTCA/issues.html.
Erin Rothman is a senior scientist at Sound Environmental Strategies Corporation, an environmental consulting and engineering firm based in Seattle and a Northwest Hub sponsor. Erin manages the Environmental Science Group at SES and has extensive experience conducting Phase I and II Environmental Site Assessments and MTCA-compliant remedial investigations, preparing feasibility studies, and developing and implementing cleanup actions. You can reach Erin by email at erinr@soundenvironmental.com.
