Environmental justice assessment notices

At the request of several nominating organizations, Ecology is starting a rulemaking to consider designating waterbodies as outstanding resource waters (ORW). This is the highest level of protection for areas with exceptional water quality, ecological or recreational value, or unique attributes. This designation protects a waterbody from any future action that would permanently lower water quality. The proposed areas are:

• Ruby, Granite, and Canyon creeks, tributaries to the Skagit River in Skagit and Whatcom counties
• Upper Sultan River upstream but not inclusive of Spada Lake Reservoir, including Williamson Creek, and South Fork Sultan River in Snohomish County
• Upper Lewis River from headwaters to the boundary of the Gifford Pinchot National Forest in Skamania County
• Tributaries to the Methow River, including the upper Methow River from headwaters to confluence with the Lost River, the Lost River from headwaters to just before the confluence with the Methow River, upper Chewuch River from headwaters to the confluence with Eightmile Creek, and Early Winters Creek from headwaters to the confluence with Cedar Creek in Okanogan County

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). We will also meet regularly with Tribal water quality staff across Washington to answer questions and get feedback on the rulemaking.  As we develop the rule, we will offer opportunities to the public to learn more about the rulemaking and gather community questions and concerns about outstanding resource waters. We will address those issues in our draft rule documents for public review during the rule proposal 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 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.

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.

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.

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.

Washington’s Safer Products for Washington program authorizes Ecology to adopt rules restricting dangerous chemicals in consumer products when safer alternatives are available. The agency is considering a proposal that would strengthen this program. Our proposal considers expanding Ecology’s authority under Chapter 70A.350 RCW to order manufacturers to provide data about ingredients in their products and potential safer alternatives, which will help inform decisions about product restrictions. The proposal also includes provisions to create a fast-track to quickly restrict certain chemicals in consumer products when there is an urgent need for restrictions, and to create a pathway, under certain criteria, for restricting certain chemical-product combinations even when safer alternatives are not proven to be feasible or available. 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.

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.

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.

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.