Environmental justice assessment notices

Ecology is announcing a rulemaking to create a new rule, chapter 173-188 WAC, Liquid Hazardous Substance Transfers. This rulemaking will establish spill prevention requirements for over-water transfers of liquid hazardous substances (LHS) to or from non-recreational vessels. This rulemaking is authorized by chapters 90.48 and 90.56 RCW.  This rulemaking will include, but not be limited to, the following: (1) define the regulated entities subject to requirements for over-water transfers of liquid hazardous substances to or from non-recreational vessels, (2) define which liquid hazardous substances are regulated under this chapter, and (3) establish requirements for advance notice of transfer, personnel qualifications, transfer operations, transfer equipment, spill cleanup, inspections, communications, and records for entities conducting over-water transfers of liquid hazardous substances. This rulemaking is necessary to close regulatory gaps in over-water transfers of liquid hazardous substances and provide clarity for regulated entities as non-oil fuels become available. The rule will help protect Washington’s waters, natural and cultural resources, and significant economic assets through regulations aimed at preventing spills of liquid hazardous substance before they occur.  This rule focuses on preventing spills from liquid hazardous substance transfers. Prevention is of particular importance for these transfers, since some of the products potentially regulated by this rulemaking mix completely or partially with water and are not recoverable once spilled. Prevention of spills is our best chance to minimize impacts on human health and the environment. As these intended benefits extend statewide, the rule is anticipated to impact all people in Washington State. The rule will be particularly beneficial for people residing or working in areas near where LHS transfers occur and is intended to provide environmental and health benefits through the prevention of spills of LHS to water. Tribes may be interested in this rulemaking because LHS spills can directly affect treaty-protected resources, cultural sites, and waters of significance to Tribal communities. Depending on the volume, toxicity, and location of the spilled product, a spill of LHS could damage aquatic organisms and ecosystems and impact Tribal, commercial, and recreational fishing. A LHS spill could prevent Tribes from exercising their treaty-reserved rights to fish and harvest in their Usual and Accustomed areas. Because these rights are place-based, Tribal fishers cannot relocate their harvest activities elsewhere, meaning a spill could disproportionately harm Tribal communities and exacerbate ongoing environmental and economic inequities. Organizations that represent Tribal interests may also be interested in this rulemaking.

Ecology is committed to offering many opportunities for public engagement throughout this rulemaking. General: We will send updates on the rulemaking status through Granicus (previously GovDelivery). A link to this Granicus subscriber list will be available on the rulemaking webpage and interested parties can subscribe to the list to receive all updates on this rulemaking. We will keep the public-facing rulemaking webpage up to date with updates at each major milestone for maximum transparency. Rule language: We intend to release at least one preliminary draft rule alongside opening an informal comment period in Spring 2027. We intend to file the proposed rule alongside opening a formal comment period in late Fall 2027. Comment Periods: The informal and formal comment periods will each be at least 45 days in length. All comments submitted, whether through our comment platform (eComments), meetings, workshops, hearings, or other engagement opportunities, will be reviewed by our rule development team. We will carefully consider each comment as we develop rule language. Meetings/Workshops/Hearings: We intend to hold an initial virtual kick-off meeting on December 2, 2026, which will be open to the public and Tribes. We intend to hold at least one workshop, open to the public and Tribes, during the informal comment period in Spring 2027. We intend to hold at least two hearings, open to the public and Tribes, during the formal comment period starting in late Fall 2027. Overburdened Communities and Vulnerable Populations: Ecology will reach out to overburdened communities and vulnerable populations during this rulemaking. As this is a spill prevention rulemaking, we intend to further examine if spills to water from over-water transfers impact overburdened communities and vulnerable populations, and if so, how we might address those inequities through this rulemaking through spill prevention. We will share this information during engagement for public awareness and input. Ecology will translate outreach documents to ensure those with limited English proficiency (LEP) have access to communications on this rulemaking. At a minimum, we will send out a notice during each phase of the rulemaking process, translated into Spanish, Korean, Chinese, Vietnamese, Ukrainian and Russian, informing interested parties on rulemaking milestones and who they can contact to request an interpreter for more information. Upon request, we will also provide translation services for published rulemaking documents, as well as interpretation services during public meetings. Other: We will inform the public about the rulemaking through social media, newsletters, tabling events, and other methods. During this rulemaking, we anticipate additional community engagement outreach, both in-person and virtually, with populations most impacted by this rule.

The Washington State Department of Ecology intends to update chapter 173-175 WAC, the Dam Safety rule, as authorized by RCW 90.03.470. This rule amendment will consider and adjust the fees collected by the department for dam safety operations, including fees associated with dam construction and periodic inspections, as described in chapter 173-175 WAC. Fees will be amended to cover the dam safety program’s cost of operation and to recover eligible expenses.

An informal comment period will be open for two weeks during Fall 2026. Ecology will host a webinar to solicit feedback from dam owners, Tribes, community groups, and the public to inform further rule development. The webinar will include a brief section summarizing expected impacts on overburdened communities and a request for public comments to inform the rulemaking’s Environmental Justice Assessment. A formal public comment period will be held in Spring 2027 and will include a public hearing. The comment periods and hearing will be announced on Ecology’s website and through our gov delivery system. Email announcements with information on this rulemaking will also be sent to community coalitions and organizations addressing water justice issues in Washington, including invitations to attend these events, provide feedback during public comment periods, and connect with the program’s Environmental Justice Planner. These emails will meet Ecology’s standards for plain language, digital accessibility, and language access.

Resurface the north- and south-bound lanes of State Route 99 from South 272nd Street to SR 516 to extend the pavement service life. Pedestrian curb ramps will be updated as necessary to meet the ADA and current accessibility standards. Active-transportation improvements will be made to meet Complete Streets requirements.

Open house via WSDOT Engage webpage. Listening sessions.

Capital construction project to support DNR’s wildland firefighting, forest resiliency, and other programs in the northeast region of the state. This project will improve DNR’s ability to mitigate and fight wildland fires that threaten local communities, trust resources, and wildlife habitat. Completion of this project will assist DNR in limiting economic losses, reduce threats to public safety, and will support long-term health and resilience of forests and other landscapes.

Information on the Capital Budget Request and opportunities for public comments will be posted on the DNR Environmental Justice and Legislative Priorities webpages. Please submit a public comment on this proposed action online.

Ecology is considering amendments to Chapter 173-460 WAC, Controls for New Sources of Toxic Air Pollutants. Toxic air pollutants (TAPs), also known as air toxics, are pollutants known or suspected of causing cancer or other adverse health and environmental impacts when emitted in significant quantities. Ecology’s rule reduces health risks from TAPs by limiting emission concentrations and requiring pollution controls for new and modified commercial and industrial sources.  This rulemaking will consider updates to the emission thresholds, known as acceptable source impact levels (ASILs), used in permitting review of new and modified TAP sources. Ecology is also considering updating the list of TAPs and establishing multiple averaging times for certain pollutants. Together, these amendments are intended to align Ecology’s rule with the latest risk assessment standards and strengthen statewide protections against air toxic exposure. Ecology is also considering updates to its process for considering background concentrations of TAPs during permitting approvals, with the aim of creating a more comprehensive review process that improves protections for areas facing significant air pollution risks. Other changes may include clarifying rule language about emissions offsets, establishing toxic equivalency factors for certain pollutants, and making other changes to improve implementation of the rule.

Ecology plans to hold virtual public workshops and informal comment periods to discuss the rulemaking and solicit public feedback. During these meetings, staff plan to share methods used for calculating the revised ASIL values, discuss potential methods of assessing background risks during the permitting process, and explain how Ecology is considering other potential updates to the rule. Through notices published on its website and email distribution list, Ecology will offer opportunities to overburdened communities and vulnerable populations to participate in these workshops and comment periods.

In addition to the scheduled engagement opportunities, staff will also be available for one-on-one or small group meetings with interested parties. A formal public hearing and comment period will be held once the rule is proposed. Public engagement opportunities are tentatively scheduled to begin in early 2027. Details will be shared via Ecology’s rulemaking website and email list. For more information, please contact Adam Saul, Rule Lead, at adam.saul@ecy.wa.gov or (360) 742-7998.

Replace all 75 open-grid deck panels at the end of their service life along northbound SR 99, between MP 26.83 to MP 26.88, to extend the lifespan of the structure.

Agency, Tribal and community engagement will be conducted throughout the project. Specific engagement opportunities will be updated as the project advances.

Change registration fees for new fertilizer products in statute from $150/biennium to $200/biennium, registration renewal fees from $120/biennium to $200/biennium, allow for WSDA to set rule-based fee changes, clarify heavy metal testing requirements and add agricultural amendments as regulated materials that require registration.

Email to: envjustice@agr.wa.gov

Change registration fees in statute from $325/yr to $500/yr and allow for rule-based fee changes up to $650/year.

Email: envjustice@agr.wa.gov

Repair and rebuild a 4-mile stretch of southbound Interstate-5 in Ridgefield, using a crack, seat and overlay method.

• The final Environmental Justice Assessment will be posted on the project webpage and maintained throughout the life of the project. Tribal consultation will be conducted to provide an opportunity for review and comment on the assessment.
• Because this work involves construction along I-5 with construction-related travel impacts, communications best practices will be used throughout the project, including:
  • Create and maintain a project webpage with current construction schedules and travel information.
  • Distribute a news release ahead of construction.
  • Issue travel advisories as needed for significant traffic impacts and closures.
  • Post construction impacts and closures to WSDOT’s real-time travel map.
  • Share social media updates at key project milestones, including the start and completion of construction, and amplify significant travel advisories through regional social media channels.
  • Coordinate construction activities, when feasible, to minimize impacts during major cultural and community events.

The Forest Fire Protection Assessment (FFPA) provides a crucial source of revenue for DNR, paid by private forest landowners and certain exempt entities, to cover the costs of preparing to fight forest fires rather than the actual suppression costs. The state’s contributions toward forest fire protection have significantly increased over the last 21 years, while the rates for FFPA have not changed since 2005. The revenue generated from the FFPA does not adequately cover the cost for protection. DNR is pursuing agency request legislation to adjust the FFPA rates to provide a dedicated source of revenue to fund DNR’s forest fire protection priorities including training wildland firefighters, equipping wildland firefighters through the DNR fire cache, keeping wildland firefighters safe, and preventing forest fires with wildfire prevention programming. This proposal will also align the FFPA with statutory requirements for the State and private forestland owners to cover an equitable share of the forest fire protection costs in the state. This proposal will make more resources available to enhance forest fire protection across the state and better position DNR to implement the Washington State Wildland Fire Protection 10-Year Strategic Plan. Wildfire disasters and poor air quality often hit marginalized populations the hardest. This proposal will better ensure protection resources are available, helping to reduce wildfire related health impacts for overburdened communities, vulnerable populations, and all Washingtonians.

Information on the Forest Fire Protection Assessment (FFPA) is available on DNR’s website and the Environmental Justice and Legislative Priorities webpages. Please submit public comment online.

House Bill 2338, recently passed during the 2026 Washington State legislative session, added a section to the existing weatherization statute in RCW 70A.35 establishing a pathway for new community scaled weatherization projects to be funded through the existing Commerce weatherization program. A community scaled project is a weatherization project that includes multiple dwelling units in the same neighborhood or area where overlapping factors such as environmental, social, or economic conditions may adversely impact residents, as determined by Commerce. Commerce received 11M in capital funding for FY 27 to grant via this new program.

Tribal Briefing and Community Involvement Sessions are scheduled for October 2026.

Additional questions can be answered by Nick Manning at nick.manning@commerce.wa.gov.