The privatization of the cleanup decision making authority: The Massachusetts MCP.

摘要

Throughout the 1980s and early 1990s, environmental cleanup processes in Massachusetts were slow, inefficient, and often ineffective. In response to widespread public dissatisfaction, the legislature adopted a new set of regulations that confers full decision-making authority onto private environmental professionals for the cleanup process. The Massachusetts Contingency Plan, or MCP, was enacted in 1993 to streamline and accelerate the cleanup of properties contaminated with oil or hazardous materials. Under this new system, regulated parties can achieve all cleanup and remediation endpoints without direct state oversight. At the center of this new "privatized system" is a private sector environmental professional known as the Licensed Site Professional or LSP.;LSPs are typically hired by the responsible parties to advise and certify that the assessment and closure efforts were conducted according to MCP requirements, a role typically reserved for state regulators. To achieve the regulatory closure of the site, LSPs can remediate a site to a level of no significant risk, or they can certify that the site does not pose a level of significant risk based on a risk assessment or deed restriction and, therefore leaving contamination behind.;More than 20 years have passed since the enactment and implementation of the MCP, and despite the success and ubiquity of the MCP program, there have been very few studies conducted on surrounding communities' real positive or negative long-term consequences in connection to the MCP.;The purpose of this study was to evaluate the consequences of the privatization of the cleanup decision-making process in Massachusetts by focusing on three essential aspects of the MCP system: 1) site closure distribution and characteristics (physical remediation versus risk-based closures); 2) subject site and host community characteristics after MCP closure; and 3) enforcement of deed restrictions.;The results of this study indicate that the vast majority of site closures in Massachusetts favor the physical remediation of properties. However, the study revealed that only a small percentage of sites were completely remediated to background levels, and a significant number of sites had a deed restriction imposed on the property as a condition for site closure. This study also has found evidence that not all Massachusetts residents are exposed to the same types and numbers of site closure decisions. Environmental Justice Populations in Massachusetts appear to be disproportionately impacted by risked-away closures, where contamination is left behind.;The results of this study also indicate that most of the properties showed signs of revitalization and value appreciation after the completion of the MCP response actions However, the study found no clear evidence that the MCP response actions and redevelopment of the contaminated properties benefited the surrounding host communities. Finally, the study results indicate that the majority of the properties evaluated failed to achieve compliance with the conditions specified in their respective deed restrictions. Based on the findings, the study presents strategic recommendations for changes to the existing MCP program.