WSR 26-15-081

AGENDA

DEPARTMENT OF ECOLOGY

[Filed July 16, 2026, 9:23 a.m.]

Pursuant to RCW 34.05.314, following is the department of ecology's (ecology) rule agenda for July to December 2026.

If you have any questions, contact Katie Wolt by email at Katie.wolt@ecy.wa.gov.

Ecology adopted emergency drought funding rules on April 8, 2026. The emergency rule describes applicant and project eligibility criteria for grant funds to alleviate hardship resulting from the drought declared on April 8, 2026.

Ecology adopted amendments to five instream resource protection program chapters for water resource inventory areas (WRIAs) 7 (Snohomish), 8 (Cedar-Sammamish), 13 (Deschutes), 14 (Kennedy-Goldsborough), and 15 (Kitsap). The rule amendment incorporates specific requirements outlined in RCW 90.94.030(4) into each rule and clarifies language.

The rule amendments are the final step in a multiyear planning process in these five watersheds that started in 2018 with the passage of the streamflow restoration law (chapter 90.94 RCW).

Ecology adopted amendments to add flame cap kilns as an allowed burning device, and to modify the language for air curtain incinerator (ACI) permitting. Flame cap kilns are outdoor containers that are used for burning natural vegetation from forestry or agricultural activities. This rule making will also ensure flame cap kilns are only used for burning that is already legal in Washington. ACIs are portable containers that can be used for burning woody debris (slash) from forestry operations. These amendments improve the ACI permitting process for both applicants and ecology staff.

Offsets are projects or programs designed to reduce the amount of greenhouse gases in the atmosphere. In the cap and invest program, offset projects must also provide direct environmental benefits to Washington. In September 2023, ecology announced rule making to update and amend chapter 173-446 WAC, the Climate Commitment Act program rule. Ecology has adopted four offset "protocols" from California's program: U.S. forest, urban forestry, livestock projects, and ozone depleting substances. This rule making updates the U.S. forest protocol to increase technical standards, decrease obstacles to project development, and reflect policy advances.

Ecology initiated a rule making for chapter 173-135 WAC, Pasco Basin groundwater subarea. Concurrently, ecology is proposing to repeal chapter 508-14 WAC for the same subarea. The new rule will replace chapter 508-14 WAC.

This new rule is part of a multistep process to address groundwater management in the Pasco Basin subarea. The project includes designating a groundwater subarea boundary and establishing an agreement with the U.S. Bureau of Reclamation for allocating and managing groundwater in the area.

This new chapter will address the longstanding uncertainty for current and potential future groundwater users.

Ecology has started a rule making to amend chapter 173-166 WAC, Emergency drought relief. This rule making plans to streamline administration of emergency drought funding and to add clarity and definition to processes and terms related to emergency drought relief.

This rule making will be a multiyear process with the first round of engagement to occur in fall 2024.

This process seeks to:

Ecology started a rule making to amend chapter 173-305 WAC, Hazardous waste fee regulation. We're conducting this rule making to:

On September 14, 2022, we published a notice (WSR 22-19-037) announcing we started a similar rule making but closed that rule making on October 13, 2023 (WSR 23-21-072). We announced (WSR 23-23-170) the current rule making on November 22, 2023, to correct statutory references and improve readability.

Ecology is considering amendments to chapters 173-446 and 173-441 WAC that would facilitate the option of linking Washington's carbon market with the California-Québec carbon market. The rule making may make related changes to these chapters necessary for linkage.

This rule making seeks to provide clarity around issues related to shoreline master program (SMP) permitting, amendments, enforcement, and approvals.

Air quality and environmental justice provisions (RCW 70A.65.020) in the Climate Commitment Act, in alignment with the Healthy Environment for All Act, direct ecology's air quality program to reduce criteria air pollution in overburdened communities highly impacted by air pollution. As a result, ecology is creating new chapter 173-448 WAC to help reduce criteria air pollution in overburdened communities.

Ecology is conducting a new rule making to update the solid waste handling standards related to organic materials management under chapter 173-350 WAC. The new rule is aimed at reducing contamination in the organic waste going to organic waste handling facilities, such as commercial composting facilities. This rule will allow more facilities to compost food waste and help keep organic materials out of landfills by preventing and removing contamination before it is processed into compost. Ecology is also considering amendments to cover additional organic materials management practices.

Ecology started a rule making under the authority of chapter 70A.560 RCW, Toxic-Free Cosmetics Act, to identify a feasible approach to regulating lead in cosmetic products, including potentially adopting a different limit on lead impurities than the statutory limit of 1 part per million.

We'll work with tribal representatives and other interested parties to:

Ecology is beginning rule making to establish a new permitting program as chapter 173-217 WAC, for projects that could alter or impact wetlands, streams, and other state waters. Currently, we issue administrative orders under the Water Pollution Control Act to authorize projects seeking to alter or impact state waters. While administrative orders protect the environment, the process lacks public notice opportunities and timeline obligations for issuing decisions.

Ecology is starting the rule-making process to amend chapter 173-910 WAC, Mercury-containing lights product stewardship program. In 2024, the legislature changed several program requirements in the law and added a ban on the sale of certain mercury-containing lights beginning January 1, 2029.

Ecology will consider updates to the significant impact levels and associated provisions used in permitting proposed new or modified sources of air pollution. The purpose is to align with updated Environmental Protection Agency recommended values provided since ecology adopted the significant impact levels in 2013.

This rule making will implement RCW 70A.207.050, which establishes grant programs under ecology's food center. Rule making is needed to establish participant and project eligibility, additional grant eligibility, and reporting criteria. The 2021 use food well Washington (UFWW) plan recommended 30 specific actions and associated implementation costs to rescue edible food and to recover food waste. Rule making will establish specific criteria to ensure applicants and projects will help implement UFWW plan recommendations, such as funding staff and infrastructure to improve the donated food supply cold chain.

Ecology is considering adding new freshwater recreational criteria to the state's water quality standards in chapter 173-201A WAC. The criteria are for toxins produced during harmful algal blooms. Some cyanobacteria, also called blue-green algae, produce toxins that are particularly harmful to humans. With this rule making, we are updating recreational criteria to protect the health of humans while swimming or doing other activities in and on water.

Ecology is considering revisions to the water quality standards in chapter 173-201A WAC to set nutrient criteria for lakes and reservoirs. Excess nutrients can contribute to harmful algal blooms, which can lower oxygen levels in the water, negatively impact recreation, and overall reduce the health of people and the environment. This rule making would set nutrient criteria to provide additional protection for aquatic life, recreation, and drinking water sources.

Ecology will be updating chapter 173-423 WAC to reflect updates to California air resources board's motor vehicle emissions standards, as required by RCW 70A.30.010. This statute states that ecology shall adopt rules to implement the motor vehicle emission standards of the state of California, including the zero emission vehicle program, and shall amend the rules from time to time, to maintain consistency with the California motor vehicle emission standards. These regulations are an essential policy tool for addressing climate change and improving air quality in Washington.

The 2025 legislature amended chapter 70A.205 RCW to require ecology to approve landfill permits alongside jurisdictional health departments (JHDs). The revised law also provides JHDs authority to issue orders and penalties to solid waste facilities subject to permitting, provides ecology authority to issue orders and penalties, and requires solid waste facilities to allow JHDs and ecology to conduct inspections and collect samples. This rule making will address a new landfill permit approval process, and staff will also consider clarifications, corrections, and other improvements to chapter 173-351 WAC, Municipal solid waste landfills and chapter 173-350 WAC, Solid waste handling standards.

Ecology is amending chapter 173-424 WAC, Clean fuels program rule. This rule making implements HB 1409 passed during the 2025 Washington state legislative session, directing ecology to increase the cumulative carbon intensity reduction target to 45 percent below 2017 levels by 2038, with the option in 2032 to increase to 55 percent reduced if certain conditions are met. Additionally, ecology will set carbon intensity reductions for years 2028 through 2038.

This rule making updates chapters 173-182 and 173-186 WAC, which govern oil spill contingency planning for vessels, facilities, pipelines, and railroads. The update incorporates best achievable protection measures identified in the 2025 review cycle. It also establishes new planning standard area requirements in the Columbia River region, clarifies rule language, aligns the rules with current statutes and practices, and makes administrative changes to correct outdated references and improve readability. These updates address evolving risks and strengthen the state's preparedness and response capabilities for oil spill response to better protect the environment and public safety.

Ecology is conducting rule making to implement the Recycling Reform Act, which will improve Washington's residential recycling system. Passed by the legislature in 2025, the law creates an extended producer responsibility program for residential packaging and paper products. The law requires producers of these products to join and fund a nonprofit producer responsibility organization (PRO). PRO will work with local governments and solid waste service providers to roll out the program by 2030.

We propose to update three rules to support the implementation of the governor's Executive Order 25-03, Improving transparency and building efficiency in the state's permitting and licensing processes.

The proposed amendments make changes to two air quality permits, six air quality general orders, and environmental laboratory accreditation to clarify application fee language and update out-of-date information. The total fee amounts, eligibility criteria, and requirements for these permits, general orders, and accreditations will not change as a result of this rule making.

Ecology is considering amendments to chapter 173-443 WAC, Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases. In the 2025 legislative session, the Washington state legislature passed HB [2SHB] 1462, which directs ecology to implement new requirements related to the use and sale of HFCs. This rule making will align chapter 173-443 WAC with new statutory directives in HB [2SHB] 1462. This rule making may also consider additional topics as necessary to support compliance, enforcement, and program objectives.

Katie Wolt

Rules Coordinator