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Toxics Cleanup Program Interim Policy 730: Taking into Account Federal Human Health Surface Water Quality Criteria under MTCA (Historical)

Publication number Date Published
20-09-059January 2021
VIEW NOW This publication is historical. It is unavailable on our website. To request a copy, please use the contact listed below.
Author(s) Andy Kallus, Toxics Cleanup Program
Description The Toxics Cleanup Program at the Washington State Department of Ecology (Ecology) has issued this interim policy that applies in the following situations: 1) When people develop preliminary surface water cleanup levels for the Model Toxics Control Act (MTCA) Remedial Investigation/Feasibility Study (RI/FS), and (2) when Ecology develops cleanup levels for the Cleanup Action Plan (CAP).

Pending resolution of litigation underway as of 2020: during development of the RI/FS Ecology staff, consultants, and potentially liable persons are encouraged to take into account the human health-based surface water quality criteria that the Environmental Protection Agency withdrew from federal regulation 40 CFR 131.45. For the CAP, Ecology will consider the potential impacts on cleanup actions/human health risk due to changes in 40 CFR 131.45 criteria, and determine the final cleanup action for the site.
NOTES We rescinded this interim policy in January 2023 because it is no longer needed. In December 2022, EPA restored the surface water quality criteria to the federal regulation, 40 CFR 131.45. For more information about this interim policy, see the Site Register issued dated January 26, 2023 at
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Keywords Model Toxics Control Act (MTCA), cleanup levels, Environmental Protection Agency, Cleanup Levels and Risk Calculation (CLARC), human health-based freshwater and marine surface water quality criteria (WQC), Litigation, MTCA Cleanup Rule-Surface Water Quality Standards (WAC 173-340-730), Water Quality Standards for Surface Waters Rule-Toxic Substances (WAC 173-201A-240)
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