Environmental justice assessment notices

The Washington Department of Ecology (Ecology) started a rulemaking to develop a new chapter in the Washington Administrative Code (WAC): Chapter 173-339 WAC—Cosmetic Products Restrictions. Ecology is conducting this rulemaking to:
• Make cosmetics safer for consumers and the environment.
• Reduce consumers’ and workers’ exposure to formaldehyde.
• Address the disproportionate harms caused by cosmetic products in overburdened communities and vulnerable populations.
• Reduce the amount of formaldehyde entering the environment.
Under the authority of Chapter 70A.560 RCW (Toxic-Free Cosmetics Act), Ecology may adopt a rule that identifies chemicals used in cosmetic products that release formaldehyde (formaldehyde releasers) and adopt restrictions for the identified formaldehyde releasers. This rule may include:
• Restrictions that apply to the use of specified formaldehyde releasers used in cosmetic products.
• Allowances for products currently in the chain of commerce—stockpiled or available for purchase.
• Compliance schedules.
• Definitions of key terms such as “intentionally added.”
• Other requirements or restrictions allowed by law.
Background
People use cosmetic products every day to clean their bodies or alter their appearance. Cosmetic products include items such as makeup, perfume, shampoo, hair gels, body wash, deodorant, hand lotion, and shaving cream. These products can contain chemicals that are toxic to people and the environment.
In the Chemicals in Cosmetics Used by Washington Residents report (January, 2023), Ecology and the Department of Health found that many cosmetic products contain toxic chemicals. Some products disproportionately marketed to women of color, such as hair relaxers and skin lightening creams, often contain toxic chemicals.
Some chemicals used in cosmetic products release formaldehyde, which exposes people to the chemical when they use the product. Formaldehyde can cause cancer, harm brain function, increase the risk of asthma, and irritate eyes and skin. Exposure can also lead to allergic reactions. Cosmetic products also can release formaldehyde into indoor and outdoor air. Formaldehyde can also enter wastewater streams as products are washed down the drain.
In 2023, Washington state adopted Chapter 70A.560 RCW to ensure the safety of cosmetic products and protect Washington residents from toxic exposure. The law:
• Restricts the manufacture, sale, and distribution of cosmetic products containing nine chemicals or chemical classes.
• Directs Ecology to assess the hazards of chemicals or chemical classes that can provide the same or similar function as the restricted chemicals or chemical classes and make that information available to the public.
• Directs Ecology to implement initiatives to support small businesses that manufacture cosmetic products, and to support independent cosmetologists and small businesses that provide cosmetology services in efforts to transition to safer cosmetic products.
• Authorizes Ecology to adopt a rule that restricts the use of specified formaldehyde releasers in cosmetic products.

We plan to conduct engagement for this rulemaking starting this summer and into the winter of 2024. Engagement efforts may include public meetings, a focus group, outreach with community-based organizations, opportunities to review and comment on draft rule requirements, public comment periods, and formal public hearings. We will focus on engaging with overburdened communities and vulnerable populations most impacted by formaldehyde releasers in cosmetic products. We will also invite consultation from Tribes who may additionally be interested in informing the development of this work. As this work continues to develop, we will share details about engagement opportunities and resources on our website and through our email distribution list. For more information, sign up for email announcements, visit our rulemaking webpage, or contact Stacey Callaway, rulemaking lead, at ToxicFreeCosmetics@ecy.wa.gov or 360-584-5661. As we schedule additional opportunities to provide feedback and participate in workshops, we will share details on our webpages and via our email list. We anticipate: • Developing draft rule requirements in the summer of 2024. Our next webinar will occur on June 11, 2024. See our events listing webpage for more information. Use our online comment form to provide feedback on draft rule requirements, the rulemaking process, and our efforts to implement Chapter 70A.560 RCW. • Proposing a formal draft rule, providing a public comment period, and hosting hearings, in the fall and winter of 2024. • Adopting the revised rule in the spring or summer of 2025.

The Portland Cement Concrete Panels (PCCP) within these sections of Interstate 5 are near or have exceeded their design life. Rehabilitate the concrete pavement through the combination of several strategies such as concrete panel replacement, milling and inlaying of hot-mix asphalt (HMA) road surfaces to match the concrete pavement on tapers and ramps.

TBD

WSDA is proposing to amend Chapter 16-240 WAC by increasing some of the Grain Inspection Program fees, revising some of the fee structures to more accurately reflect the scope of services provided (including but not limited to adding fees for services that are not specifically identified) and to clarify language to ease in the understanding of the rule.

Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment.

Provides outreach and education to support the vacating of criminal records and legal financial obligations relief and aims to address the needs of Black, Indigenous and Latino individuals impacted by the criminal justice system in disproportionately affected neighborhoods in Tacoma and Seattle.

Advisory Groups Community Meetings (as guest), GovDelivery, Office Hours posted on the Department of Commerce Community Reinvestment Project website, Email through Dept of Commerce Community Reinvestment Project Website. DRAFT EJA for PUBLIC COMMENT IS NOW OPEN. CLICK HERE: https://deptofcommerce.app.box.com/file/1737472417484

Provides capacity building and technical support to existing OFSVP funding programs addressing the prevention and intervention of firearm violence.

Public comment on EJA draft linked below Advisory Groups Community Meetings (as guest) GovDelivery, Office Hours posted on the Department of Commerce Community Reinvestment Project website, Email through Dept of Commerce Community Reinvestment Project Website.

This new grant expands the existing Reentry Grant Program that provides reentry services to justice- involved individuals who have recently exited or are in the process of exiting incarceration.

Advisory Groups Community Meetings (as guest), Focus Group, GovDelivery, Office Hours posted on the Department of Commerce Community Reinvestment Project website, Email through Dept of Commerce Community Reinvestment Project Website, Steering Committee. PUBLIC COMMENT WINDOW HAS OPENED FOR THIS EJA DRAFT: https://deptofcommerce.box.com/s/yqf9ci6y57otmm6uyav0949srn8waywv

The Department of Ecology is conducting rulemaking to amend Chapters 173-18, -20, -22, -26, and -27 under the Shoreline Management Act. These Chapters contain Ecology’s rules that carry out the provisions of the Shoreline Management Act. This includes the guidelines for local governments developing, amending, and administering shoreline master programs (SMPs) and standards for SMP administration, permitting, and enforcement. During this rulemaking, we will amend each of these WACs to ensure that our rules are current, reflect changes to the Shoreline Management Act, and clearly and efficiently guide local governments in upholding the goals of the Act. The scope of this rulemaking will be refined through the public engagement process but will include sea level rise. Some of the other topics we are considering may include shoreline stabilization, critical area protections, channel migration zones, mooring buoys, and more.
Ecology is amending Chapter 173-26 and 173-27 WAC to:
• Comply with the Shoreline Management Act (Chapter 90.58 RCW) and address issues that have we have identified through the review, adoption, and implementation of SMPs. These revisions will provide clarity around SMP approval/amendment procedures and permit and enforcement procedures. Additional amendments may be included for clarity.
• Add requirements for local governments to address the impact of sea level rise and increased storm severity on people, property, and shoreline natural resources and the environment.
Ecology is also amending Chapters 173-18 and -20 WAC, to update the list of streams, rivers, and lakes in completed SMP updates and amending Chapter 173-22 WAC to clarify designations of shorelands and wetlands associated with shorelines of the state.
This rulemaking will be statewide. However, the specific requirement to address the impact of sea level rise and increased storm severity will apply only to jurisdictions with marine shorelines.

For this rulemaking, Ecology will develop and follow a communication plan for public outreach, including a dedicated focus on connecting with people from overburdened communities and vulnerable populations. For the environmental justice assessment, we plan to connect through multiple methods, such as virtual meetings and listening sessions, which will take place in 2024 and 2025. There will also be additional opportunities for people to connect during the rulemaking public comment period and public hearings. To learn more about the rulemaking process and opportunities to get involved, visit our website, which will be updated with more information. You can also join our email list, which is also on our webpage.

Construct buffered shared-use-path; pedestrian illumination; retaining wall, ADA-compliant curb ramps, relocate signal cabinet; upgrade and relocate pedestrian push buttons to Accessible Pedestrian Signals; new traffic controls, and marked pedestrian crossings. The combination of elements will altogether reduce the level of stress for users.

To be determined.

The WA State Department of Agriculture is proposing a new ruleset to establish a state program for the accreditation of cannabis laboratories in accordance with the standards set forth in 16-309 WAC. The purpose of the program is to ensure that laboratory standards described in chapter 16-309 WAC are followed when testing cannabis and cannabis products in Washington State.

Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment.

As required by the Climate Commitment Act (CCA), Ecology is investigating the option of linking Washington’s Cap-and-Invest Program carbon market with the California-Québec carbon market. In a linked Cap-and-Invest Program, Washington’s carbon market would combine with the joint California-Québec market to create a single shared market with joint allowance auctions and a common allowance price across all jurisdictions. Allowances could be traded across jurisdictions and used to cover emissions in any of the three jurisdictions. As part of this effort, the Legislature passed legislation in 2024 modifying the CCA in ways that facilitate linkage (Engrossed Second Substitute Senate Bill 6058). This rulemaking is needed to modify Chapter 173-446 WAC and Chapter 173-441 WAC to implement these statutory changes as well as to make other changes to these rules necessary to facilitate linkage. These rule changes do not constitute linkage, nor do they require linkage or do anything that would make linkage inevitable. Additional steps would be needed, outside of the Washington rulemaking process, to establish linkage, including signing on to a linkage agreement.

The Climate Commitment Act directs Ecology to consider linking Washington’s Cap-and-Invest Program with other carbon markets. The law also requires Ecology to review specific criteria to ensure linkage would benefit Washington’s communities, economy, and climate goals.

Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. Ecology plans to conduct public engagement, with outreach focused on people from overburdened communities, vulnerable populations, and Tribes, for the purpose of developing the environmental justice assessment for this rule. Ecology is also available to meet with individual organizations and small groups at their request during the rulemaking process. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage for updates. Please contact Nikki Harris, Climate Pollution Reduction Program Rulemaking Coordinator, at nikki.harris@ecy.wa.gov for comments or questions.

The EPIC Unit in the Energy Division is developing a new grant program for electric grid resilience projects across the state. This will be a competitive solicitation using funding awarded to Washington State by the Department of Energy (DOE) from DOE’s 40101(d) Grid Resilience State/Tribal Formula Grant Program. The program intends to strengthen grid resilience through funding projects that reduce the frequency, duration, and/or impact of power outages.

The methods for which public comment can be provided for state agency consideration are still being determined. In a recent EJ Assessment, a written public comment period was opened, alongside a survey and a virtual feedback session. These options will be considered for this EJA. DRAFT EJA LINKED FOR PUBLIC COMMENT