Environmental justice assessment notices

Opportunity Zones (OZs) are federally designated tracts meant to spur investment in under-invested communities. Commerce was delegated by Governor Ferguson to implement a process to support his office in nominating up to 25% of Washington’s eligible low-income census tracts to be opportunity zones to the federal government for final designation. This designation will last for ten (10) years at which time the process is expected to repeat. This is a tax credit incentive program for individuals that owe capital gains taxes. There is not any set appropriation or guarantee of funding that will be dedicated to the OZ 2.0 tracts.

Community engagement sessions, smart comment, tribal consultation

HFCs are greenhouse gases that can be thousands of times more powerful than carbon dioxide. This rulemaking aims to reduce refrigerant emissions by promoting the use of reclaimed refrigerants and supporting the transition to more environmentally and economically sustainable alternatives. Emissions reductions from the increased recovery of refrigerants will help Washington achieve its mandatory emissions limits and protect our climate from harmful pollutants. In the 2025 legislative session, the Washington State Legislature passed HB 1462, which directs the Department of Ecology to implement new requirements related to the use and sale of refrigerants with high global warming potential. This rulemaking will make amendments to chapter 173-443 WAC, Hydrofluorocarbons and Other Fluorinated Greenhouse Gases rule. The purpose of these updates is to:

• Align chapter 173-443 WAC with new statutory directives in HB 1462, including:
  • Implementing restrictions on newly produced refrigerants and other requirements identified in HB 1462.
  • Adding requirements for low and ultra-low global warming potential alternatives to hydrofluorocarbons as informed by the work of the Refrigerant Transitions Task Force established by HB 1462.
  • Addressing additional implementation needs identified through the work of the Refrigerant Transitions Task Force.
• Establish compliance mechanisms and supporting requirements for the use, sale, and distribution of regulated refrigerants and substitutes.
• Amend enforcement provisions, reporting, and recordkeeping requirements.

This rulemaking will also evaluate requirements for specific facility categories, including data centers. In February 2025, Ecology issued enforcement discretion guidance regarding HFC restrictions for certain data center cooling equipment. This rulemaking will provide an opportunity to evaluate the issues raised in that guidance and may consider similar issues for other categories of facilities. Additionally, this rulemaking may cover other issues identified during the rulemaking process.

Ecology identified the following engagement opportunities for the public to comment on this proposed action. We will conduct outreach with the public; community-based and environmental organizations whose missions are focused on climate, energy policy, or air quality; and overburdened communities and vulnerable populations most impacted by the rulemaking:

Refrigerant Transitions Task Force: In alignment with HB 1462, the Refrigerant Transitions Task Force will serve as a collaborative forum for a diverse range of groups. The Task Force will look at practical ways to switch to low and ultra-low global warming potential refrigerants and improve how refrigerants are recovered, recycled, reclaimed, and destroyed. A key focus of the group is ensuring that the transition to safer alternatives considers the economic and health impacts on overburdened communities and small businesses. This rulemaking will be informed by the work and report of the task force.

Informational meeting: To provide an opportunity to learn about this rulemaking and share initial input. Draft rule language meetings: To provide an opportunity for interested parties to learn about the rule language revisions and share input on the rule language draft. Comment periods, both informal and formal: To provide opportunities to submit written comments online.

Tribal Forums: To share rulemaking updates and gather feedback from Tribes.

Environmental justice-focused community forum: To gather feedback from potential overburdened and vulnerable communities, environmental justice organizations, and others on environmental justice issues related to these rulemakings.

Public hearings: To gather feedback on the proposed rule language. Hearings will include a presentation, Q&A session, and time for oral testimonies.

Background In January 2025, Governor Bob Ferguson issued Executive Order (EO) 25-03 Improving transparency and building efficiency in the state’s permitting and licensing processes. The executive order directs state agencies to improve our customers’ experience with permit, license, accreditation, and other credential processing by increasing transparency, accountability, and predictability. This includes publishing decision deadlines and guaranteeing an application fee refund if Ecology doesn’t meet our published deadline.   Ecology will be implementing this decision deadline and refund work in phases. This rulemaking will lay the foundation to be able to publish decision deadlines and refund guarantees for a set of air quality permits and for lab accreditation.

What amendments are we proposing?  Ecology is proposing amendments for the following air quality rules: WAC 173-455-120 WAC, New source review and other air permitting fees and WAC 173-400-111 WAC, Processing notice of construction applications for sources, stationary sources, and portable sources. These amendments relate to two air quality permits and six air quality general orders. The proposed rule amendments make technical changes to the rules that will allow us to proceed with requirements under the EO; specific proposed amendments include:  Clarifying the definition of “application fee.”  Clarifying that any fee refunds cannot exceed the amount of the application fee that was originally paid.  Clarifying that Ecology will not charge additional fees to recover the costs of a refund.  Removing outdated fee language in WAC 173-455-120.  Removing language about the rescinded general order of approval for dairy anaerobic digesters in WAC 173-455-120.  Ecology is also proposing an amendment to WAC 173-50-190, Fee structure, which provides the fee structure for environmental laboratory accreditation program. This amendment removes language prohibiting refunds for application fees.

What isn’t changing?  The total fee amounts paid, eligibility criteria, and requirements for these permits, general orders, and accreditations will not change as a result of this rulemaking.   These proposed amendments apply to:    Air Quality Notice of Construction Permit  General Order of Approval for Asphalt Plant  General Order of Approval for Auto Body Shops  General Order of Approval for Concrete Batch Plants  General Order of Approval for Perchloroethylene Dry Cleaners  General Order of Approval for Small Boilers Using Natural Gas, Propane, or Diesel Fuel  General Order of Approval for Stationary or Portable Rock Crusher  Prevention of Significant Deterioration (PSD) Air Quality Permit, and   Environmental Laboratory Accreditation

Location of Proposal:  ​ Environmental lab accreditation and Air Quality Prevention of Significant Deterioration (PSDs) have statewide coverage.  Air Quality Notice of Construction and General Orders covered under this proposal are only available in specific locations:  Central Regional Office — Chelan, Douglas, Kittitas, Klickitat, Okanogan counties  Eastern Regional Office — Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille, Stevens, Walla Walla, Whitman counties  Industrial Section — Pulp and paper mills, metal smelters

Ecology is holding a public comment period on our SmartComment platform that will open at 12:00AM on May 20, 2026 and end at 11:59 PM on June 30, 2026. One public hearing will also be held on June 23, 2026 at 2pm.

WSDA developing rules that allow for mobile processing of big leaf maple sap into maple syrup.

WSDA started rule making after the Snohomish County Conservation and Natural Resources Department petitioned WSDA to open or create food safety rules more specific to processing of maple syrup that allow for onsite processing of sap into syrup.

WSDA posted a public facing blog on its website with contact information for feedback

WSDA sent letters of notifications to all Tribal Nations within Western Washington with contact information

Full EJA Notification Linked Here

In March 2024, the board adopted new standards for minimum horizontal setbacks. The setback requirements for surface water used as a drinking water source were increased to proactively protect source water around surface water intakes.

When the rule was implemented, local health jurisdictions notified the DOH and board of unintended consequences resulting from the rule change. The changed setbacks were intended to be measured from the point of the drinking water intake. However, as written, the rule was interpreted as requiring the setbacks from the entire river, regardless of where the drinking water intake is located. In November 2025, the board received a petition for rulemaking from Northeast Tri County Health District and Pend Oreille County Commissioners. The petition requested that the board revert the setbacks for surface water used as a drinking water source to what they had been in the previous version of the rule. The petitioners stated that the new rule impacts the development of lots along the Pend Oreille River system.

At the January 14, 2026 board meeting, the board accepted the petition for rulemaking.

• May 2026 – Informal comment period
• September-November 2026 – Formal comment period
• November 2026 – Public hearing
• December 2026 – Rulemaking complete

Replace the existing intersections on State Route (SR) 3 at Craig Road, Mill Creek Road, and Arcadia Road with roundabouts, implement access management restricting left turns, and incorporate Complete Streets improvements.

Project webpage, in-person community engagement events, and online open house. Access more detailed information about these opportunities on the project webpage linked above.

The Liberty Park Land Bridge – Reconnecting East Central Spokane project is intended to restore non-motorized connections across Interstate 90 (I-90) that were severed during highway construction in the 1950s. I-90 split the neighborhood, displaced over a thousand households, eliminated most of Liberty Park, and created long-lasting environmental, health, and economic burdens. The project focuses on the East Central neighborhood and includes Liberty Park and connections to the Ben Burr Trail and larger regional trail network.

erconnects@wsdot.wa.gov Agency, Tribal and Community engagement will be conducted throughout the project. Specific engagement opportunities will be updated as the project advances. Find more information on the project webpage linked above.

The goal of this request legislation is to expand membership in the Law Enforcement Officers’ and Firefighters’ System Plan 2 (LEOFF 2) to include full-time firefighters employed by the Department of Natural Resources. DNR has coordinated with the Law Enforcement Officers’ and Firefighters’ System Plan 2 (LEOFF 2) Board, Washington Department of Retirement Services, Washington Council of Police and Sheriffs, Washington State Council of Fire Fighters, and legislators to develop the agency – request legislation.

DNR will be using Smart Comment — a software the agency uses to solicit public comments on agency actions. A link to Smart Comment will be posted to DNR’s website.

The Recycling Reform Act (RRA) establishes an extended producer responsibility (EPR) program for packaging and paper products sold in Washington State. Under the program, producers of covered materials—including packaging such as boxes, bottles, and cans made from paper, plastic, metal, and glass, as well as printed paper products—must join and finance a nonprofit Producer Responsibility Organization (PRO) to manage the end-of-life collection and recycling of these materials.

By shifting financial and operational responsibility from residents and local governments to producers, the RRA is intended to create a more transparent, accountable, and cost-effective recycling system statewide. The law applies across Washington, including urban, rural, island, and geographically isolated communities, and is expected to improve recycling infrastructure, reduce service disparities, and increase recycling rates. Intended environmental benefits include reduced landfill disposal, lower greenhouse gas emissions, decreased litter and marine debris, and improved material recovery. Intended health benefits include reduced exposure to pollution associated with waste disposal and incineration.

The RRA also establishes statewide convenience standards to ensure equitable and accessible recycling collection for single-family and multifamily households, expanding services in areas that have historically lacked reliable recycling options. Collection events and expanded drop-off infrastructure will help serve rural and underserved communities.

Additionally, the law creates an Equity Subcommittee to advise on environmental justice, accessibility, and community engagement throughout implementation. Populations expected to benefit include residents of overburdened communities, low-income households, rural residents, multifamily housing tenants, and communities with limited access to recycling services, as the program aims to reduce disparities and promote equitable access to waste management services across the state.

Ecology will provide multiple opportunities for public comment throughout this assessment and the associated rulemaking process.

Public engagement methods will include listening sessions specifically intended for residents of overburdened communities and vulnerable populations. These sessions will provide opportunities for community members to share input, ask questions, or raise concerns about the proposed action. Ecology will also accept public comments during rulemaking comment periods submitted through the comment portal, by email, and during public hearings.

In addition, the Equity Subcommittee will regularly engage with community members to gather feedback on Advisory Council updates, outreach materials, and program implementation considerations. The Subcommittee will relay community questions, comments, and concerns directly to the Advisory Council to help ensure meaningful consideration of public input.

Agency request legislation to update the definition of timberland under the real estate excise statutes to ensure that when private timberland owners sell land to a governmental entity such as a state agency, a local government, or a tribal government, that they are assessed the same 1.28% rate as they would if selling to another private landowner. This will remove tax uncertainty for the seller and governmental agencies that are acquiring working forestland with the intention of keeping it in forestry.

Meetings with forest landowners, the Department of Revenue, rural resource dependent counties, consultation with Tribal nations, and public hearings in the House and Senate in 2025 and 2026. Notices posted on the department’s external website and weekly legislative calls.

DNR seeks to clarify the authority of the agency to participate in contracts for payment for ecosystem services in all public lands it manages to generate income.

Meetings with stakeholders and community-based organizations, consultation with Tribal nations, public hearing in the House.