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Department of Ecology

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Rulemaking Alert: Plan to Reduce Emissions in Overburdened Communities under Washington’s Climate Commitment Act

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The Washington Department of Ecology (Ecology) recently announced its intent to promulgate regulations to reduce “criteria” air pollutants in “overburdened communities” that the agency has determined are highly impacted by...more

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Ecology Proposes Significant—And Legally Vulnerable—Changes to Washington’s Industrial Stormwater General Permit

Key Takeaways - What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of...more

Schwabe, Williamson & Wyatt PC

Top Highlights of Washington’s Draft Industrial Stormwater Permit for Public Review

On May 15, the Washington State Department of Ecology (Ecology) released the draft Industrial Stormwater General Permit (Draft ISGP), fact sheet, and application for public comment. The public comment period is open from May...more

Beveridge & Diamond PC

Ecology to begin Nooksack Water Adjudication in April 2024 (Updated)

Update: The Washington Department of Ecology (Ecology) officially kicked off the Nooksack adjudication, a legal process that will determine the priority of water rights in Whatcom County and portions of Skagit County....more

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Ecology to begin Nooksack Water Adjudication in April 2024

The Washington Department of Ecology (Ecology) announced it will begin an adjudication of water rights in Water Resources Inventory Area 1 (WRIA1), including the Nooksack River system, in April 2024. An adjudication is the...more

Schwabe, Williamson & Wyatt PC

Public Comments Invited for New Washington Dept. of Ecology Water Treatment Plant Permit

On March 20, 2024, the Washington Department of Ecology issued a draft Water Treatment Plant General Permit for public comment. Water treatment plants that engage in filter backwash activities and pollutant discharge must...more

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Washington State Petitions EPA to Ban Inadvertently Generated PCBs – Targeted to Pigments, Inks, and Dyes

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The Washington State Department of Ecology (Ecology) filed a petition on January 4, 2024, under the Toxic Substances Control Act (TSCA) requesting that the U.S. Environmental Protection Agency (EPA) reduce allowances for...more

Tonkon Torp LLP

Keeping Up-to-Date on PFAS Regulations in Consumer Products

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PFAS (per- and poly- fluorinated alkyl substances) are everywhere, in our drinking water and all over the news. A serious concern for the health of humans and the environment, federal and state agencies are taking a proactive...more

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Washington State Drafts Determinations on PFAS-Containing Products

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Continuing Washington State’s push towards implementing one of the nation’s strictest chemicals laws, the Department of Ecology (Ecology) recently published its Draft Regulatory Determinations Report on certain products...more

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Vehicle Fleet Reporting Requirements in Washington State (Updated)

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Update: On September 25, 2023, the Washington Department of Ecology extended the fleet reporting requirement discussed in the alert below by a month, to October 31, 2023....more

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Ecology to Consider Expanding Carbon Offsets Available Under Washington State’s “Cap-and-Invest” Program

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On September 12, 2023, the Washington Department of Ecology (Ecology) launched a new rulemaking addressing the use of carbon offsets to comply with greenhouse gas (GHG) emissions limits under Washington’s Climate Commitment...more

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MTCA Gets a Makeover: Ecology Finalizes First Major Updates to Washington Cleanup Rule in 20 Years

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After a multi-year rulemaking process, the Washington Department of Ecology (Ecology) issued the first substantive updates to the contaminated site cleanup regulations, Chapter 173-340 WAC, under the Model Toxics Control Act...more

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Vehicle Fleet Reporting Requirements in Washington State

Fleet Reporting Requirement The Washington State Department of Ecology (Ecology) is requiring owners and operators of medium- and heavy-duty vehicle fleets to report information about their fleets to Ecology by September 30,...more

Kelley Drye & Warren LLP

Washington State Adopts Restrictions and Reporting Requirements for PFAS, Flame Retardants, Phthalates and Bisphenols in Wide...

Joining the ranks of California, Minnesota, Maine, and New York, Washington state has officially finalized a ban on the manufacture, sale, and distribution of a variety of products containing per- and polyfluoroalkyl...more

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Washington State Finalizes Chemical in Product Restrictions; Announces Next Targets

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Armed with one of the country’s strongest state chemicals laws, the state of Washington is solidifying its status as a global player in product regulation. We discuss the latest developments below....more

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Washington Department of Ecology Signals that Nooksack Basin Water Rights Adjudication is Ready for Launch

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As previously discussed, the Washington legislature launched a process to quantify and permanently adjudicate water rights in the Nooksack River basin. After several years of preliminary work, the Washington Department of...more

Perkins Coie

Washington State Implements Major Programs To Reach Climate Goals

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Two climate-related regulatory programs affecting business and industry in Washington state took effect on January 1, 2023. First, the Climate Commitment Act introduces an economywide emissions cap-and-invest program. Second,...more

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Washington Supreme Court Affirms Ecology’s Authority to Bypass Rulemaking When Requiring New PCB Sampling Methods Under CWA...

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The Washington State Supreme Court agreed with the Department of Ecology in a dispute over whether Ecology should have followed notice and comment rulemaking procedures when adding two new controversial test methods for...more

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Ecology’s 6PPD Subgroup Seeks Input on Research Priorities and Topics at October 6 Subgroup Meeting

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The Washington Department of Ecology’s Stormwater Work Group (SWG)’s 6PPD Subgroup will seek input at its October 6, 2022 (1:00 pm PT) subcommittee meeting on 6PPD-quinone focused research priorities and topics for a fourth...more

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Washington Advances the Western Front of Product Regulation

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The state of Washington has become a global player in product regulation. This month, the Department of Ecology issued a determination to restrict or require reporting on the use of five classes of chemicals in products. In...more

King & Spalding

Washington States Passes New Bill Increasing Government’s Ability to Regulate PFAS in Consumer Products

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At the end of last month, Washington State Governor Jay Inslee signed a new bill into law titled “Priority Chemicals in Consumer Products – PFAS Chemicals.” This act amends the State’s current regulation of priority...more

Vinson & Elkins LLP

Washington State’s Climate Change Fight: Clean Fuels Standards And Cap-And-Trade Program

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Washington recently joined California, Oregon, and British Columbia in adopting a clean fuels standard that mandates reductions in greenhouse gas (“GHG”) emissions attributable to transportation fuels. In the final days...more

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Washington Department of Ecology Releases Draft Green Remediation Guidance

At the end of May, the Washington Department of Ecology (Ecology) issued draft Green Remediation guidance for public review and comment. The comment period ends June 25, 2021. Ecology’s purpose in developing the guidance...more

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Washington Department of Ecology Proposes Model Remedy to Address Legacy Contamination from Orchards

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Lead arsenate, a pesticide that was used regularly in orchards until the 1940s, has contributed to lead and arsenic contamination in large swaths (over 100,000 acres) of Central and Eastern Washington. Some former orchards...more

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Washington Joins Chorus of States with Major Environmental Justice Laws

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Washington State has joined a growing number of states that have adopted keystone environmental justice laws. On May 17, 2021, Governor Jay Inslee signed the Healthy Environment for All (HEAL) Act, E2SSB 5141, into law. ...more

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