WSR 26-15-130 (26-15)

Subject of Possible Rule Making: The department of ecology (ecology) is considering amendments to two rules:


•	This rule implements chapter 70A.540 RCW, Landfills—Methane emissions, and establishes requirements for both active and closed municipal solid waste (MSW) landfills that received solid waste after January 1, 1992. Ecology's policy under chapter 70A.540 RCW is to reduce methane emissions from MSW landfills by requiring installation and operation of gas collection and control systems, monitoring methane surface emissions, reporting, recordkeeping, as well as other requirements. This rule making will create a new section in the rule that establishes a process to assess and collect fees from MSW landfills regulated by chapters 70A.540 RCW and 173-408 WAC.
•	Ecology will also consider amending WAC 173-408-170, changing the existing annual reporting deadline for MSW landfills.

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This rule implements chapter 70A.540 RCW, Landfills—Methane emissions, and establishes requirements for both active and closed municipal solid waste (MSW) landfills that received solid waste after January 1, 1992. Ecology's policy under chapter 70A.540 RCW is to reduce methane emissions from MSW landfills by requiring installation and operation of gas collection and control systems, monitoring methane surface emissions, reporting, recordkeeping, as well as other requirements. This rule making will create a new section in the rule that establishes a process to assess and collect fees from MSW landfills regulated by chapters 70A.540 RCW and 173-408 WAC.

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Ecology will also consider amending WAC 173-408-170, changing the existing annual reporting deadline for MSW landfills.


•	This chapter consolidates most of the air quality-related fees into one rule, with exceptions listed under WAC 173-455-038. This rule making will amend the list of exceptions to specify that any new fees established through this rule making are included separately under chapter 173-408 WAC.

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This chapter consolidates most of the air quality-related fees into one rule, with exceptions listed under WAC 173-455-038. This rule making will amend the list of exceptions to specify that any new fees established through this rule making are included separately under chapter 173-408 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70A.540.130 and 70A.15.1010.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 173-408 WAC, Landfill methane emissions.


•	Amendments are needed for ecology to establish a process to assess and collect fees from MSW landfills to support implementation of chapters 70A.540 RCW and 173-408 WAC. Ecology has been implementing the law and rule since June of 2024 without fee collection, using one-time funding from the legislature. RCW 70A.540.130 authorizes ecology to assess and collect fees to recover the costs associated with implementation of the law, but when the law was enacted in 2022, it did not specify an account for fees to be deposited into. SB 6151 (chapter 87, Laws of 2026) amended RCW 70A.540.130 to specify that fees collected by ecology be deposited into a specific account that can be accessed by ecology in the future to recover costs associated with implementation. Costs associated with implementation include ecology staff time to review submitted annual reports, alternative compliance requests, and conduct onsite inspections to assess compliance with the law and rule.
•	Amendments will be considered to change the existing annual reporting deadline to a new date that is potentially less burdensome to the regulated community.

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Amendments are needed for ecology to establish a process to assess and collect fees from MSW landfills to support implementation of chapters 70A.540 RCW and 173-408 WAC. Ecology has been implementing the law and rule since June of 2024 without fee collection, using one-time funding from the legislature. RCW 70A.540.130 authorizes ecology to assess and collect fees to recover the costs associated with implementation of the law, but when the law was enacted in 2022, it did not specify an account for fees to be deposited into. SB 6151 (chapter 87, Laws of 2026) amended RCW 70A.540.130 to specify that fees collected by ecology be deposited into a specific account that can be accessed by ecology in the future to recover costs associated with implementation. Costs associated with implementation include ecology staff time to review submitted annual reports, alternative compliance requests, and conduct onsite inspections to assess compliance with the law and rule.

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Amendments will be considered to change the existing annual reporting deadline to a new date that is potentially less burdensome to the regulated community.


•	Amendments are needed to specify that the new fee structure being considered in this rule making is not contained in chapter 173-455 WAC.

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Amendments are needed to specify that the new fee structure being considered in this rule making is not contained in chapter 173-455 WAC.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Local clean air agencies have authority under chapter 70A.540 RCW to implement regulations for MSW landfills that are in their jurisdiction. Ecology will communicate and work with local clean air agencies during rule making and provide opportunities for these agencies to submit informal and formal comments that will be considered during the rule-making process.

Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act, chapter 34.05 RCW.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bill Flagg, Department of Ecology, Air Quality Program, 300 Desmond Drive S.E., Lacey, WA 98503, phone 564-669-1385, TTY 711, Ecology.wa.gov/ADA for more accessibility information, email bill.flagg@ecy.wa.gov, website https://ecology.wa.gov/wac-173-408-455.

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 conduct an environmental justice assessment in accordance with RCW 70A.02.060 as a part of this rule making.