Subject of Possible Rule Making: Chapter 173-351 WAC, Municipal solid waste landfills; and chapter 173-350 WAC, Solid waste handling standards. This rule making will align chapters 173-351 and 173-350 WAC with new landfill permit approval authority granted to the department of ecology (ecology) by the passage of HB 1154, and new enforcement tools granted to jurisdictional health agencies and ecology for all solid waste facilities. Ecology will also consider clarifications, corrections, and other changes to solid waste facility standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70A.205.025 Standards for solid waste handling—Areas—Landfill location, 70A.205.173 Waste generated outside the state—Solid waste disposal site facility reporting requirements—Fees, 70A.205.205 Disposal of sewage sludge or septic tank sludge prohibited—Exemptions—Uses of sludge material permitted, 70A.205.210 Duties of the department—State solid waste management plan—Assistance—Coordination—Tire recycling, 70A.205.260 Solid waste—Beneficial uses—Permitting requirement exemptions, 70A.205.265 Solid waste handling permit—Exemption from requirements—Application of section—Rules, 70A.205.275 Rules—Department "deferring" to other permits—Application of section, and 70A.205.340 Financial assurance requirements.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: A 2025 change to the law requires ecology to approve landfill permits alongside jurisdictional health departments (JHDs). The law provides JHDs authority to issue orders and penalties to all solid waste facilities subject to permitting, provides ecology authority to issue orders and penalties and suspend permits, and requires solid waste facilities to allow JHDs and ecology to conduct inspections and collect samples. Updates to solid waste facility standards will be considered to address concerns around compliance and other changes.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Environmental Protection Agency will need to verify that chapter 173-351 WAC changes are not less stringent than federal regulation, 40 C.F.R. Parts 257 and 258 (also known as RCRA Subtitle D).

Washington department of agriculture has requirements regarding movement of organic materials from quarantine areas to pest-free areas. We may need to update chapter 173-351 WAC to address these regulations.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Chris Fredley, Department of Ecology, Solid Waste Management Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 564-233-1615, Washington relay service or TTY call 711 or 877-833-6341, email solidwastefacility@ecy.wa.gov, website https://ecology.wa.gov/regulations-permits/laws-rules-rulemaking/rulemaking/wac-173-350-wac-173-351, sign up to receive email notices at https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WAECY_76.

Additional comments: Interested parties can stay informed about the rule making and public involvement opportunities as described above. Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development. Ecology will complete an environmental justice assessment in compliance with RCW 70A.02.060 as a part of this rule making.