Environmental justice assessment notices

The Department of Health, Office of Radiation submits an Agency Request Legislation (ARL) to support modifying RCW 70A.388.060 to add an annual license fee to the existing volumetric site surveillance fee for the commercial low-level radioactive waste (LLRW) disposal facility. This change stabilizes long-term funding for radiation control activities, inspections, licensing, and environmental surveillance. One-time funding is also requested to address the current $775,000 annual program deficit caused by declining disposal volumes. An Environmental Justice Assessment Report was created to support this ARL activity.

Please contact Office of Radiation Protection directly for comments and concerns.

• Jill Wood, Director
  jill.wood@doh.wa.gov
• John Martell, Associate Director
  john.martell@doh.wa.gov

Ecology has initiated an agency rulemaking action to update our Water Quality Permit Fees (Chapter 173-224 WAC). Ecology is updating our rule that sets annual fees for Water Quality permits. Under RCW 90.48.465, we are required to assess these fees to recover program costs to administer the Water Quality permit program, which protects Washington’s waters from pollution. Ecology strives to update this rule every two years to ensure our permit fees reflect the most current costs to Ecology and impacts to our permittees who discharge stormwater or wastewater. This rulemaking will consider the economic impact of our fees on small permitted businesses, individuals, and public entities, and make adjustments where appropriate. When we updates these rules, we look for opportunities to implement progressive fee structures, and minimize impacts of proposed changes to small businesses. We’ll share these analyses during the public comment period in the Spring of 2027. This rule covers a statewide geographical scope. The anticipated impact of this rulemaking action is limited to the permitted facilities who pay these fees. Ecology does not expect this action will introduce new environmental impacts or impacts that would be specific to overburdened communities, vulnerable populations, and Tribes.

Ecology is beginning to develop our rule language and will be inviting the public to participate over the next few months. This may include workshops, webinars, and public comment periods. To stay engaged with this process, please join our email list and visit our webpage for updates.

The legislation update would make the Motorist Information Sign (MIS) program revenue generating instead of cost recovery. The goal is to allow the department to provide better service to the motorist by being able to better maintain its assets and possibly expand to proactive recruitment of qualifying businesses where there is room to expand.  The agency request legislation would provide funding to communicate the change with the public and to adjust sign backboard for the program. No alternatives have been explored for this option.  The request was received from the Governor’s Office to explore the option of adjusting the MIS Program from cost recovery to revenue generating.

Public comments will be available during the legislative session during public hearings or working sessions.

Chapter 173-476 WAC, Ambient Air Quality Standards: This chapter establishes the ambient air quality standards in Washington to comply with Title I of the federal Clean Air Act (CAA). It establishes maximum acceptable levels for particulate matter, lead, sulfur dioxide, ozone, nitrogen dioxide, and carbon monoxide.

This rulemaking will update the air quality standards to align with revised federal standards for fine particulate matter (PM2.5) adopted by EPA in March 2024 and sulfur dioxide (SO2) adopted by EPA in December 2024. Chapter 173-400 WAC, General Regulations for Air Pollution Sources: This chapter establishes standards to control and prevent pollution from air contaminant sources.

This rulemaking will update the cause or contribute threshold values, also known as significant impact levels, and associated provisions used in permitting new or modified sources of air pollution. The purpose is to align with updated EPA-recommended values. This rulemaking applies statewide.

Ecology held online public meetings in April and June 2026 to discuss the rulemaking, share initial draft rule language updates, and seek public input. Additionally, Ecology held two informal comment periods on draft rule language during this same time period. Once the rule language updates are proposed in September 2026, the public may formally comment on both rules by submitting written comments through our online commenting system or sending to Linda Kildahl, Rulemaking Lead, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, or by testifying at the public hearing.

The State Board of Health (Board), in collaboration with the Department of Health (Department) is conducting an Environmental Justice Assessment for proposed rules regulating environmental health and safety standards for K-12 schools. The Board has the authority to make rules on this topic under RCW 43.20.050(2)(d). The new chapter will set minimum statewide health and safety standards for schools. Topics that may be addressed in proposed rules are:

• Good Safety Practice and Guidance
• General Building Requirements
• Indoor Air Quality and Ventilation Plans
• Extreme Temperature Readiness Plans
• Noise Levels
• Light Levels
• Injury Prevention

The purpose of this environmental justice assessment is to identify:

• Who might be most impacted by the proposed rules
• Environmental benefits, harms, and health impacts of the proposed rules
• Ways to minimize or eliminate negative environmental impacts
• How to equitably distribute positive environmental impacts

• Informal public comment period (Fall 2026)
• Information sharing sessions (Fall 2026)
• Formal public comment period (Spring 2026)

Ecology is beginning a rulemaking that will establish a fee structure for municipal solid waste (MSW) landfills, amending two air quality rules: Chapter 173-408 WAC, Landfill Methane Emissions and Chapter 173-455 WAC, Air Quality Fee Rule. The rulemaking will add a new section to Chapter 173-408 WAC (Landfill Methane Emissions), establishing a fee structure to recover the direct and indirect costs associated with implementation of the landfill methane emissions law and rule. The fees in the new section will apply to owners or operators of municipal solid waste (MSW) landfills that are regulated under the landfill methane emissions rule and its authorizing law, Chapter 70A.540 RCW (Landfills – Methane Emissions).

This rulemaking will impact MSW landfills across the state. Ecology’s Air Quality Program (AQP) has been implementing the landfill methane emissions law and rule since June of 2024 without fee collection, using one-time funding from the legislature. MSW landfills are a significant source of methane emissions in Washington. Ecology’s most recent Greenhouse Gas Emissions Inventory reported approximately 2.5 million metric tons of carbon dioxide equivalent emissions from municipal solid waste (MSW), which is the equivalent of 583,138 gasoline-powered passenger vehicles driven for one year. Methane is a very potent greenhouse gas, with approximately 80 times the global warming potential of carbon dioxide over a 20-year period. In addition to climate impacts, there are also health impacts associated with emissions of methane and other compounds contained in landfill gas. Methane is a key precursor to the formation of ground level (tropospheric) ozone, which is classified as a criteria air pollutant by the US Environmental Protection Agency. When breathed in, ozone can irritate and inflame the respiratory tract, causing symptoms such as coughing, chest tightness, shortness of breath and wheezing, and these effects can be more serious in people with lung diseases. Landfill gas is also known to contain small percentages of hazardous air pollutants and other toxic compounds that are harmful to human health.

Establishing a fee structure through this rulemaking will enable Ecology AQP to continue implementing regulations that reduce these pollutants, such as through combustion of landfill gas, which destroys methane as well as other hazardous air pollutants contained in the gas. Chapter 173-455 WAC, Air Quality Fee Rule, consolidates most of the air quality-related fees into one rule, with exceptions listed under WAC 173-455-038. This rulemaking will amend the list of exceptions to specify that any new fees established through this rulemaking are included separately under Chapter 173-408 WAC.

Ecology AQP will interact with interested parties during this rulemaking following all requirements of the Washington Administrative Procedures Act, as well as Ecology’s internal processes for outreach during rulemaking. During the rule development period, scheduled from July 22, 2026, to March 2027 (tentative), we will hold at least two virtual public meetings, which will include presentations from Ecology staff on the development of the rule, as well as give interested parties the opportunity to ask questions and comment on material presented. Staff subject matter experts will be present to answer any questions to the best of their ability.

An informal public comment period will open on the day of the first public meeting and will stay open until at least seven days after the last public meeting during this rule development period. We will create a designated webpage for this rulemaking and will invite interested parties to submit comments online, in addition to opportunities to comment during public meetings or by mail. Ecology will not respond to comments during this period of rulemaking but will consider all comments submitted as we develop the rule.

Ecology AQP will also invite interested parties to submit comments during a formal public comment period, which will tentatively open in Summer of 2026. During this phase of rulemaking, we will establish another designated website to accept online comments from interested parties. Additionally, at least one virtual public hearing will be scheduled during this timeframe, in which we will accept testimony (oral comments) from the public. Ecology is required to respond to all comments submitted during this phase of rulemaking and will do so in a document called the Concise Explanatory Statement, which will be drafted in the Summer/Fall of 2027 (tentative) and published and made accessible to the public when the rule is adopted.

Ecology will also reach out to overburdened communities and vulnerable populations during this rulemaking. As this is a fee rulemaking, we intend to further examine any downstream economic impacts of fees imposed on MSW landfills and share this information during engagement for public awareness and input. Ecology AQP will translate some public 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 rulemaking documents made public, as well as interpretation services during public meetings. We will send communications out to the public through two government delivery email lists for this rulemaking: The landfill methane distribution list and the AQ rule and SIPs updates distribution list. A link to these email lists will be available on the rulemaking webpage and interested parties can subscribe to the lists to receive all updates on this rulemaking. Additionally, we will create another email list of potentially interested parties, and these parties will receive a notice when the rulemaking is announced (July 22, 2026) with information on how to receive updates and participate in this rulemaking process.

A new grant program to support Washington State commercial agriculture and aquaculture operations to purchase equipment that reduces on-farm greenhouse gas emissions and/or increases soil or vegetative carbon sequestration.

Please email EnvJustice@agr.wa.gov

This section of State Route 7 between SR 507 and 99th Street South is part of a WSDOT preservation project. The Preservation Program helps keep roads safe and in good condition. This part of SR 7 needs to be repaved. Repaving helps protect the roadway and helps reduce the potential for more expensive repairs later. This pre-design will identify transportation improvements to go along with the paving. These may include Americans with Disabilities Act (ADA) accessibility upgrades and changes to support people who walk, roll, take transit and drive.

• Review project updates and reach out to contacts on the webpage linked above
• SR 7 Partner Group meetings
• Community-based organization interviews and listening sessions
• Community pop-up events
• Online engagement webpage and in-person open houses with embedded questionnaire

To ensure that hazardous waste is safely managed, Ecology charges fees to Washington businesses that generate dangerous waste. These fees have not been meaningfully updated since 1990. The fees are inequitably distributed amongst businesses, don’t incentivize waste reduction, and are insufficient to adequately fund Ecology’s pollution prevention work. Ecology is proposing a substantial revision to how hazardous waste fees are assessed. The proposal would update Chapter 70A.350 RCW to remove the fee structure from statute and direct Ecology to develop a new, more equitable fee system through rulemaking with interested parties. This proposal is a draft and is not considered agency request legislation until approved by the Governor’s Office.

Ecology plans to conduct robust public engagement and outreach in the summer of 2026. We will conduct outreach specifically to members of Tribes, overburdened communities and vulnerable populations for the purpose of developing an environmental justice assessment and informing development of our proposals. We will offer government-to-government consultation with Tribes and hold a Tribal Forum to discuss our proposals. We intend to provide individual and small group meetings for stakeholder groups and other interested parties.

Ecology’s Water Resources Program is proposing an update to chapter 18.104 RCW related to well construction and well driller licensing. This proposal will make process improvements for well driller licensing renewals, well tagging and reporting requirements, and Notice of Intent forms which are submitted to Ecology at least 72 hours prior to drilling. The proposal will also update the fees Ecology levies for well construction for the first time since 2005 to recover program implementation costs, thereby ensuring a high level of customer service. This proposal is a draft and is not considered agency request legislation until approved by the Governor’s Office.

Ecology plans to conduct robust public engagement and outreach in the summer of 2026. We will conduct outreach specifically to members of Tribes, overburdened communities and vulnerable populations for the purpose of developing an environmental justice assessment and informing development of our proposals. We will offer government-to-government consultation with Tribes and hold a Tribal Forum to discuss our proposals. We intend to provide individual and small group meetings for stakeholder groups and other interested parties.

Transportation is Washington’s largest source of greenhouse gas emissions and decarbonizing this sector is critical to meeting our climate targets, as well as improving air quality. Given the uncertainty caused by federal actions to end federal and state vehicle emission standards, Washington is positioned to further incentivize zero-emissions vehicle adoption. This proposal would amend chapter 70A.30 RCW and related statutes to advance zero-emissions vehicle adoption, thereby furthering the state’s progress on transportation decarbonization, transportation affordability, and improving air quality. This proposal is a draft and is not considered agency request legislation until approved by the Governor’s Office.

Ecology plans to conduct robust public engagement and outreach in the summer of 2026. We will conduct outreach specifically to members of Tribes, overburdened communities and vulnerable populations for the purpose of developing an environmental justice assessment and informing development of our proposals. We will offer government-to-government consultation with Tribes and hold a Tribal Forum to discuss our proposals. We intend to provide individual and small group meetings for stakeholder groups and other interested parties.