Environmental justice assessment notices

The Whatcom Waterway site is a sediment cleanup site located in Bellingham Bay, near downtown Bellingham. Industrial activities, including the former Georgia-Pacific chlor-alkali plant, wood waste and degradation products from historical log rafting activities, and pulp mill wastewater discharges contaminated sediments along this waterfront. Portions of the site were cleaned up from 2015 to 2016 during Phase 1 of the cleanup. The remaining areas are in the process of designing the cleanup action. This remedial action grant will fund the remaining design, permitting, and construction work to complete Phase 2 of the cleanup action. This EJA covers Phase 2 of the Whatcom Waterway cleanup, however, we anticipate that the Port will complete Phase 2 over three construction seasons and that additional EJAs for individual awards over $12 million will be necessary. The number of EJAs will depend on if funding requests need to be broken up between biennia, which could result in more than one.

Completion of the cleanup will remove, cap, and/or monitor sediments contaminated with mercury, phenols, and dioxin/furan compounds.

The project area includes dredging contaminated sediments in the federal navigation channel, as well as adjacent to public beach access and recreational water use areas. Part of this project includes construction of a nearshore confined disposal facility within the inner portion of the existing Georgia-Pacific Aerated Stabilization Basin (ASB), which will provide sufficient capacity for disposal of the contaminated sediments to be generated during the cleanup of the Whatcom Waterway site and from other related Port sediment cleanups. Additionally, the ASB has been designated in the Port’s Comprehensive Scheme of Harbor Improvements for development of 12 to 14 acres of usable upland property fronting a similar acreage of navigable marine waters. Integral to that land use is the Port’s plan to reconnect the ASB aquatic use areas to Bellingham Bay following its cleanup. The Port also plans to incorporate public access along portions of the ASB berm and to incorporate habitat enhancements in portions of the ASB interior.

The Whatcom Waterway site is being cleanup under the State’s Model Toxic Control Act, which requires a public outreach process that may not be consistent with the objectives of this EJA. Vulnerable and overburdened communities and organizations serving those communities will be notified of this EJA through a postcard mailer. The public will be provided with the opportunity to provide feedback about how the cleanup of Whatcom Waterway may impact or benefit them through an online survey. In addition, we intend to post outdoor signs along Whatcom Waterway to target individuals directly interacting with the waterway, including those who may recreate in the waterway and use the beach area. To learn more contact: John Rapp, Site Manager John.Rapp@ecy.wa.gov (206) 247-3242 Kristen Forkeutis, Outreach Specialist Kristen.Forkeutis@ecy.wa.gov (425) 240-4353

As a result of a petition for rule making, WSDA is proposing expanding the apple maggot quarantine area in Okanogan County, Washington. The apple maggot is an invasive insect pest, which hosts include apples, crabapple, and native and ornamental hawthorn. During the larval stage, apple maggot can cause extensive damage to fruit. It is also economically significant to Washington’s apple industry because fruit from the pest-free areas has greater access to international markets. Recent apple maggot surveys provide evidence that the state’s apple maggot population has expanded its range into pest free areas of the county. Changes to the existing rule may better protect the apple industry by slowing possible movements of apple maggot from infested areas into the pest free area, and by securing access to international and interstate markets.

• Postcards to all property owners within proposed limits of the apple maggot quarantine.
• Public meeting before rule adoption.
• Other information found at https://agr.wa.gov/applemaggot

DNR is proposing to adjust language throughout RCW 79.13 that would provide DNR the flexibility to lease other trust assets (such as water rights, equipment, buildings, etc.) in addition to leasing state land. Language changes proposed throughout the chapter modify leasing authority from just “state land” to “state land and other trust assets”. DNR is currently limited in revenue it can generate for its trust beneficiaries as any leasing activity needs to be tied to state land. For example, DNR’s water rights portfolio is estimated at almost a $1 billion value, but currently not all of the water rights utilized. DNR would be able to increase revenue and more effectively manage its water rights if they could be leased separately from state land. Water rights dictate the amount of water that can be used and each type of crop uses a specific amount of water so there are times when more water is available than needed for crops grown on state land. DNR is also proposing a couple of minor changes to its publication and noticing requirements for leasing to also allow the option of advertising online or as DNR determines is appropriate.

DNR is using a combination of direct outreach and written requests for public comment. Direct outreach consists of e-mails to specific stakeholders as well as attendance at organizational meetings to present the proposal. DNR is also utilizing Smart Comments in all of its outreach so interested parties and stakeholders have online access to provide comments.

The certified burn manager program managed by the department offers to any individual seeking to become a certified prescribed burn manager (certified burner) through the Washington Prescribed Burn Manager Program outlined in RCW 76.04.183. Participation in the program is not mandatory but encouraged so that an individual can enjoy the benefits of RCW 76.04.183 and RCW 76.04.196. The certified manger program is seeking to create a Washington Administrative Code for rules of the program.

The rulemaking process requires a public comment period. an in-person meeting will be held in a central location of the state, along with a virtual option and a Spanish translator.

Ecology is considering revisions to the surface water quality standards for some toxins produced during algal blooms that are particularly harmful to humans. The surface water quality standards establish clean water requirements to protect rivers, lakes, streams, and marine water. These updates will help protect the human health while swimming or doing other activities in and on water. If adopted, this rule will apply to all freshwater in Washington.

Ecology will offer opportunities for vulnerable populations and overburdened communities who may be impacted by this rule to inform this rulemaking through specific engagement activities in 2026. Ecology is also available to meet with individual organizations and small groups at their request during the rulemaking process. We will invite consultation with potentially impacted Tribes at each key phase of the rulemaking (rule announcement, proposal, and adoption) and meet regularly with Tribal water quality staff across Washington to answer questions and get feedback on the rulemaking.  During rule development, we will offer opportunities to the public to learn more about the rulemaking and to provide feedback on what people want in the rule. We will hold a formal comment period on proposed rule changes and respond to comments received.  Please check for engagement opportunities on the website linked or contact Marla Koberstein, the Rule Coordinator, at Marla.Koberstein@ecy.wa.gov.

Ecology is considering revisions to the surface water quality standards for nutrients in lakes and reservoirs. The surface water quality standards establish clean water requirements to protect rivers, lakes, streams, and marine water. Excess nutrients can contribute to harmful algal blooms, which may negatively impact recreation, and harm people, pets, and wildlife. If adopted, this rulemaking will set requirements to minimize nutrient pollution that provide additional protection for aquatic life, recreation, and drinking water sources.

Ecology will offer opportunities for vulnerable populations and overburdened communities who may be impacted by this rule to inform this rulemaking through specific engagement activities in 2026 and 2027. Ecology is also available to meet with individual organizations and small groups at their request during the rulemaking process. We will invite consultation with potentially impacted Tribes at each key phase of the rulemaking (rule announcement, proposal, and adoption) and meet regularly with Tribal water quality staff across Washington to answer questions and get feedback on the rulemaking.  During rule development, we will offer opportunities for the public to learn more about the rulemaking and to provide feedback on what people want in the rule. We will hold a formal comment period on proposed rule changes and respond to comments received.  Please check for engagement opportunities on the website linked or contact Marla Koberstein, the Rule Coordinator, at Marla.Koberstein@ecy.wa.gov.

Ecology is considering amendments to Chapter 173-423 WAC, Washington’s Clean Vehicles Program rule. Washington law (RCW 70A.30.010) requires Ecology to adopt certain California regulations to maintain consistency with California’s emissions standards for new motor vehicles and engines. To date, Ecology has delivered on this statutory requirement by adopting regulations consistent with the following California programs: Advanced Clean Cars, Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty Low NOx Omnibus standards. These regulations ensure that new motor vehicles sold in Washington pollute less, and they are an essential policy tool for addressing climate change and improving air quality – particularly in communities overburdened by vehicle emissions. In this rulemaking, Ecology is considering amendments to Washington regulations that will track amendments to the following California regulations: Advanced Clean Cars, Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty Low NOx Omnibus standards. Additionally, Ecology is considering adopting components of California’s 2010 medium- and heavy-duty vehicle in-use standards to maintain consistency with RCW 70A.30.010, particularly in light of ongoing federal attempts to revoke California’s waivers for the current medium- and heavy-duty low-emission vehicle standards (i.e., Heavy-Duty Low NOx Omnibus). Although Ecology holds these recent federal waiver actions as unlawful, this rulemaking will ensure the cleanest available standards are implemented in Washington. Amendments under consideration also include any changes to components of these regulations in Chapter 173-423 WAC that are needed to address Washington-specific vehicle market conditions. These changes must be limited to aspects that do not create a “third vehicle” for regulatory purposes outside of those created for the California and federal markets, as is required by the federal Clean Air Act. Ecology is also evaluating additional fleet reporting requirements, beyond the one-time report required in 2023, to authorize additional data collection. These amendments are important to streamline program implementation, provide additional compliance flexibility and clarity, maintain consistency with other states and the federal government, and work toward meeting Washington’s requirements for greenhouse gas emissions. For a complete list of amendments being considered in this rulemaking, please see the rulemaking webpage.

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 or energy policy and air quality, and overburdened communities and vulnerable populations most impacted by the rulemaking: Informational meetings: To provide an opportunity to learn about this rulemaking and share 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 drafts. Comment periods, both informal and formal: To provide opportunities to submit written comments online. Environmental justice-focused community forums: To gather feedback from potential overburdened and vulnerable communities, environmental justice organizations, and other members of the public on environmental justice issues related to these rulemakings. Overburdened communities and vulnerable populations near major roadways are most likely to be indirectly impacted by this rulemaking. Tribal Forums: To share rulemaking updates and gather feedback from Tribes. Public hearings: To gather feedback on the proposed rule language. Hearings will include time for oral testimony. ZEVergreen: This rulemaking is a part of ZEVergreen, Washington’s effort to make clean, affordable transportation more accessible for our communities and industry. As a part of this effort, Ecology will hold a series of workshops with partners to explore strategies for ZEV adoption that are in line with our state’s legally mandated greenhouse gas emission limits. In addition to helping Washingtonians save money, ZEVergreen will protect public health and the environment. Getting more of these vehicles on Washington’s roads reduces the harmful air pollution affecting communities located near major traffic corridors. Washington law requires a 45% reduction in greenhouse gas emissions by 2030 and a 95% reduction by 2050. Continuing zero-emission vehicle adoption is an important part of meeting these limits. Ecology will host an initial public information session on December 15, 2025, from 9:00 a.m. to 11:00 a.m. As we schedule additional opportunities for feedback and participation, we will share them through our website and distribution list.

The Odessa Groundwater Replacement Program (OGWRP) works towards stabilizing a declining aquifer that is vital to Central Washington farmers, workers, and communities. Ecology has been working with project partners since the early 2000s to bring water to this community. This specific action will provide $38.5 million in construction capital to build water supply infrastructure for over 17,000 acres of farmland. This action is anticipated to shift 34 wells from the Odessa aquifer to surface water.

Community outreach with an invitation to provide public comments will be provided through various community events. We will share information and opportunities for public comment on our website – https://ecology.wa.gov/ecologys-work-near-you/river-basins-groundwater/columbia-river-basin-projects/odessa-groundwater-replacement and through email. This information will also be publicized through the OGWRP Newsletter and the Columbia Basin Sustainable Water Coalition meetings and local radio stations. We will also work with project partners to make sure that the message is reaching overburdened communities or populations with vulnerabilities. This information will be available in both English and Spanish. OCR will also invite Tribal consultation.

The Department of Ecology is starting the rulemaking process for a new rule, Chapter 173-316 WAC Food Center Grant Programs, to establish and implement new grant programs under the Washington Center for Sustainable Food Management (The Food Center). This rule will establish participant and project eligibility, additional grant eligibility, and reporting criteria. The rule will also establish criteria to help ensure applicants and projects reduce emissions from landfills and waste-to-energy facilities through the diversion of organic materials and food waste prevention, rescue, and recovery.

Email Network and Notifications Ecology will invite input through its Food Center email distribution list, which includes food recovery organizations, hunger-relief agencies, local governments, Tribes, nonprofit partners, and other stakeholders engaged in food waste prevention and rescue. Subscribers will receive updates about the rulemaking process, including draft materials, opportunities to provide feedback, and notices about upcoming public comment periods. These notifications will help ensure interested partners stay informed and can participate meaningfully throughout rule development. Public Meetings (Virtual and/or In-Person) Ecology will host public meetings, which may be held virtually, in person, or in hybrid formats, to share information about the proposed rule, answer questions, and gather feedback. These sessions will follow a similar format to other Ecology rulemakings, including a staff presentation, time for participant discussion, and recordings or summaries made available after the meetings. Ecology may also collaborate with community-based and hunger-relief organizations to support participation from overburdened and vulnerable communities and other food system partners. Online Public Comment Submission Ecology will accept public comments during designated comment periods and at public meetings throughout the rulemaking process.

Commerce contracted with an organization to conduct a study to identify economic, community, and workforce development opportunities resulting from Washington’s participation in the offshore wind supply chain through conducting convening’s, workshops, and studies as appropriate. The study will assess strategies necessary for Washington to engage in the offshore wind supply chain. This study may address public infrastructure needed for manufacturing, assembly, and transport of supply chain components, and an assessment of workforce needs and community benefits.

Community Feedback Sessions, Stakeholder Meetings

Community Participatory Budgeting was previously administered out of the Washington State Department of Health (DOH) and was reappropriated to Commerce in the most recent capital budget – see Sec. 1029 of the ’25-’27 Capital Budget. Click here to see information regarding the prior budget appropriation from ’23-’25 at the Department of Health. The appropriation in Sec.1029 includes $2.8M to engage with overburdened communities and the environmental justice council to develop a participatory, community-driven, noncompetitive process to identify projects that will mitigate the disproportionate impacts of climate change on overburdened communities. It also includes $5.5M to provide grants for projects identified through the community-driven process to fund either decarbonization or resiliency projects, or both, that benefit overburdened communities as defined in RCW 70A.02.010.

Community involvement sessions.