• Environmental Developments to Watch in Washington State (May 18, 2026)
• Washington Ecology Releases Draft 2026 Upland Finfish Hatchery Permit for Public Comment: Increased Reporting and Compliance Detail, No Major Changes to Core Effluent Limits (April 22, 2026)
• Maryland Becomes Sixth State to Enact Packaging Extended Producer Responsibility, Washington Expected to Follow (March 19, 2026)
• Washington Department of Ecology Adopts Battery Stewardship Rule (December 29, 2025)
• Regulatory Reform In Washington: Clean Energy Siting Council Releases 2025 Report Recommending Reforms to Speed Clean Energy Projects (October 29, 2025)
• Environmental Developments to Watch in Washington State - 2025 Mid-Year Update (June 18, 2025)
• Washington’s Draft 2026 Construction Stormwater General Permit Out for Public Comment (April 28, 2025)
• Washington Ecology Issues its New Industrial Stormwater General Permit, Effective January 1, 2025 (January 2, 2025)
• Washington Department of Ecology to Update to Organic Materials Management Rules to Reduce Potential Feedstock Contamination (December 20, 2024)
• City in Washington Votes to Grant Local River Legally Enforceable Right to Exist (December 19, 2024)
• Washington’s Department of Ecology Requests Public Input on Clean Vehicles Program Rulemaking (December 10, 2024)
• Rulemaking Alert: Plan to Reduce Emissions in Overburdened Communities under Washington’s Climate Commitment Act (October 23, 2024)
• B&D Lawyers Author Report Recommending Permitting Reforms to Help Washington State Meet Its Strict Decarbonization Goals (July 24, 2024)
• Washington’s Department of Ecology Plans to Ban Formaldehyde Releasers from Cosmetics (June 5, 2024)
• Ecology Proposes Significant—And Legally Vulnerable—Changes to Washington’s Industrial Stormwater General Permit (May 30, 2024)
• Ecology to begin Nooksack Water Adjudication in April 2024 (April 2, 2024)
• Washington Identifies Screening Tools for Initial Contaminated Site EJ Assessments (February 9, 2024)
• Washington State Petitions EPA to Ban Inadvertently Generated PCBs – Targeted to Pigments, Inks, and Dyes (January 23, 2024)
• Pacific Northwest Climate Law Update: Recent Developments Cloud the Future of Oregon and Washington Climate Programs (January 4, 2024)
• Washington Initiates Sustainable Aviation Fuel Rulemaking Under State’s Clean Fuel Standard Program (January 3, 2024)
• Washington State Drafts Determinations on PFAS-Containing Products (December 12, 2023)
• Ecology to Consider Expanding Carbon Offsets Available Under Washington State’s “Cap-and-Invest” Program (September 18, 2023)
• MTCA Gets a Makeover: Ecology Finalizes First Major Updates to Washington Cleanup Rule in 20 Years (August 28, 2023)
• Vehicle Fleet Reporting Requirements in Washington State (August 1, 2023)
• Washington State Proposes Sweeping Changes to Key Greenhouse Gas Regulation (July 31, 2023)
• Washington State Finalizes Chemical in Product Restrictions; Announces Next Targets (June 19, 2023)
• Supreme Court Narrows CWA Jurisdiction Over Waters of the U.S. (May 30, 2023)
• Washington State Battery EPR Bill Poised to Become Law (May 2, 2023)
• Washington Department of Ecology Signals that Nooksack Basin Water Rights Adjudication is Ready for Launch (February 16, 2023)
• Washington District Court Reversal on MTCA Liability for Smokestack Emissions (January 31, 2023)
• Washington State Issues Draft Guidance for PFAS Investigation and Remediation (January 5, 2023)
• Washington Supreme Court Affirms Ecology’s Authority to Bypass Rulemaking When Requiring New PCB Sampling Methods Under CWA Permits (December 14, 2022)
• Tribal Treaty Rights Take Center Stage in Two Landmark Federal Water Quality Actions (December 7, 2022)
• Informal Comments on Washington Department of Ecology’s Draft 2024 Municipal Stormwater General Permits and Draft 2024 Stormwater Management Manuals Due Friday, December 2, 2022 (November 30, 2022)
• MTCA Liability for Smokestack Emissions (October 13, 2022)
• Ecology’s 6PPD Subgroup Seeks Input on Research Priorities and Topics at October 6 Subgroup Meeting (October 5, 2022)
• Washington Advances the Western Front of Product Regulation (June 13, 2022)
• Washington State’s Economy-Wide Climate Plan Takes Shape: Ecology Seeks Comment on Proposed Climate Commitment Act Program Rule (June 8, 2022)
• PFAS Determined To Be Hazardous Substances Under Washington’s Cleanup Law (November 1, 2021)
• Practical Tips for Managing the Risks of PCBs in Building Materials (August 17, 2021)
• States and Federal Government Continue to Advance Plastics Recycling and Minimum Recycled Content Mandates (June 30, 2021)
• New Fishing Limits Proposed for Pacific Commercial Chinook Salmon (June 22, 2021)
• Washington Department of Ecology Releases Draft Green Remediation Guidance (June 3, 2021)
• The Clock is Ticking for Water Users in the Nooksack Basin to Settle their Disputes (May 24, 2021)
• Washington Department of Ecology Proposes Model Remedy to Address Legacy Contamination from Orchards (May 20, 2021)
• Washington State Plastics Bill Imposes Minimum Content Requirements on Many Household and Food Service Products (May 19, 2021)
• Gov. Inslee Partially Vetoes Legislation Setting 2030 Goal For All Sales Of Vehicles To Be Electric, But Adopts Provisions Laying The Groundwork For Broad Electric Vehicle Adoption (May 18, 2021)
• Washington Adopts Economy-Wide Climate Legislation: “Cap-and-Invest” Approach Sets a Price For Carbon Emissions And Allows Washington To Join Existing Emissions Credit Markets (May 18, 2021)
• Fourth Time's The Charm: Washington Enacts Clean Fuels Program, Creating West Coast Market For Low-Carbon Transportation Fuels (May 18, 2021)
• Washington Joins Chorus of States with Major Environmental Justice Laws (May 18, 2021)
• Comments Open on EPA and Washington State Environmental Performance Partnership Agreement (May 13, 2021)
• Ninth Circuit Affirms Partial Vacatur of NWP 48 for Commercial Shellfish Aquaculture (February 22, 2021)
• Seattle Bans Natural Gas in New Buildings (February 4, 2021)
• Washington State Legislation Would Authorize Two New Large-Scale Water Rights Adjudications (February 1, 2021)

May 18, 2026

Environmental Developments to Watch in Washington State

With an office in Seattle, B&D closely tracks developments, upcoming deadlines, and business implications for companies with operations in Washington State. This article summarizes key areas of state legislative activity and what companies should expect in the year ahead.

Full the full article, see here. – Related B&D Attorneys: Eric Christensen, Allyn Stern, David Weber, Spencer Gheen, Jason Frank, Ning Hsu, Jordann Krouse, Emily Schwartz, Kevin Fitzgerald

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April 22, 2026

Washington Ecology Releases Draft 2026 Upland Finfish Hatchery Permit for Public Comment: Increased Reporting and Compliance Detail, No Major Changes to Core Effluent Limits

The Washington State Department of Ecology (Ecology) published for public comment its draft 2026 reissuance of the Upland Finfish Hatching and Rearing General Permit (Permit), which governs wastewater discharges from covered upland hatchery facilities. The draft 2026 Permit proposes a number of changes from the current 2021 version, including heightened operations requirements, expanded recordkeeping and reporting obligations, increased source-control requirements, and more structured, facility-specific conditions. Importantly, the draft Permit does not materially modify numeric discharge limits, notwithstanding minor changes, or coverage thresholds.

Full the full article, see here. – Related B&D Attorneys: Erika Spanton, Lynne Davies, Alejandro Covarrubias Chadwick

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March 19, 2026 (Update)

Maryland Becomes Sixth State to Enact Packaging Extended Producer Responsibility, Washington Expected to Follow

Maryland has taken another step toward implementing its packaging EPR law. In February, the Maryland Department of the Environment (MDE) published draft regulations and a draft guidance document.

Full the full article, see here. – Related B&D Attorneys: Allyn Stern, Tap Kolkin, Kirstin Gruver, Nikki Waxman, Christopher Bolte, Lauren Lankenau, Sharon Mathew

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December 29, 2025

Washington Department of Ecology Adopts Battery Stewardship Rule

On December 16, 2025, the Washington Department of Ecology (Ecology) adopted a new rule – the Battery Stewardship Program, Chapter 173-905 WAC – to implement and clarify requirements under Washington’s battery extended producer responsibility (EPR) law. The rule takes effect on January 16, 2026.

Full the full article, see here. – Related B&D Attorneys: Russ LaMotte, David Weber, Gus Winkes, Kirstin Gruver, Mary Burdette, Alison Walsh

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October 29, 2025

Regulatory Reform In Washington: Clean Energy Siting Council Releases 2025 Report Recommending Reforms to Speed Clean Energy Projects

Echoing Beveridge & Diamond’s recommendations from its 2024 report to the Washington Department of Commerce to speed development of renewable energy and other technologies necessary to meet Washington’s ambitious decarbonization goals, Washington State’s Clean Energy Siting Council has released its 2025 Annual Report, “Improving Clean Energy Project Siting and Permitting,” outlining its recommendations to accelerate the deployment of clean energy infrastructure. The report identifies barriers to achieving the state’s energy goals, including the lack of available transmission capacity, and proposes legislative and administrative actions to address them.

Full the full article, see here. – Related B&D Attorneys: Eric Christensen, Jason Frank

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June 18, 2025

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several previous attempts, packaging Extended Producer Responsibility legislation. Companies operating in the state should anticipate increased compliance obligations and greater scrutiny as these policies take effect in the coming months.

Full the full article, see here. – Related B&D Attorneys: Eric Christensen, Casey Clausen, Allyn Stern, David Weber, Gus Winkes, Spencer Gheen, Sarah Wightman, Kirstin Gruver, Christopher Bolte, Jason Frank, Ning Hsu, Jesse Miles, Lexie Mulkey, Katy O'Keefe, Emily Schwartz, Kevin Fitzgerald

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April 28, 2025

Washington’s Draft 2026 Construction Stormwater General Permit Out for Public Comment

The Washington State Department of Ecology published for public comment its proposed 2026 Construction Stormwater General Permit (CSWGP), which authorizes stormwater discharges from construction activities taking place in the State of Washington, as well as a corresponding draft Fact Sheet and Small Business Economic Impact Analysis. This is Ecology’s first attempt to implement City and County of San Francisco v. EPA, 145 S. Ct. 704 (2025), in which the Supreme Court held that NPDES permits may contain “end-result” provisions that subject permitholders to liability when receiving water conditions exceed receiving waters. B&D represented San Francisco in this major decision that will improve the clarity of NPDES permits across the country.

For the full article, see here. – Related B&D Attorneys: Drew Silton, Erika Spanton, Lexie Mulkey, Katy O'Keefe

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January 2, 2025

Washington Ecology Issues its New Industrial Stormwater General Permit, Effective January 1, 2025

The Washington State Department of Ecology published its final 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater and certain conditionally authorized “non-stormwater” discharges from industrial activities in the State of Washington. The final 2025 ISGP took effect and superseded the 2020 ISGP on January 1, 2025.

For the full article, see here. – Related B&D Attorneys: Erika Spanton, Allyn Stern, Katherine O'Keefe

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December 20, 2024

Washington Department of Ecology to Update to Organic Materials Management Rules to Reduce Potential Feedstock Contamination

The Washington Department of Ecology is undertaking a rulemaking process to update its organic materials management regulations to include permitting requirements for facilities that manage and process organic materials. The stated purpose is to address contamination of food waste feedstocks and finished products pursuant to HB 2301, a 2024 state law that sets new requirements in connection with state efforts to reduce the amount of organic materials sent to landfills. Organic materials include manure, yard waste, food waste, food processing wastes, wood wastes, and garden wastes.

For the full article, see here. – Related B&D Attorneys: Erika Spanton, Augustus Winkes, Christopher Bolte

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December 19, 2024

City in Washington Votes to Grant Local River Legally Enforceable Right to Exist

The City of Everett (City) voted on November 5, 2024, to pass initiative 24-03, granting the Snohomish River Watershed (Watershed) enforceable legal rights within the City’s limits. The law creates a right for the Watershed to “exist, regenerate, and flourish” and prohibits anyone from impacting that right. It also states that the Watershed has the “right to be free from activities or projects which violate these rights.”

For the full article, see here. – Related B&D Attorneys: Eric Christensen, Erika Spanton, Chris Bolte

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December 10, 2024

Washington’s Department of Ecology Requests Public Input on Clean Vehicles Program Rulemaking

The Washington State Department of Ecology (Ecology) recently initiated a process to amend Chapter 173-423 WAC, the state’s Clean Vehicles Program. The Clean Vehicles Program aims to reduce greenhouse gas emissions by increasing the number of zero-emission and low-emission vehicles on the road. Under state law (RCW 70A.30.010), Ecology must adopt regulations that align with California's emissions standards for new vehicles and engines. So far, Ecology has incorporated California's Advanced Clean Cars, Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty Low NOx Omnibus standards into Washington’s Clean Vehicles Program.

For the full article, see here. – Related B&D Attorneys: David Weber, Gus Winkes, Emily Schwartz

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October 23, 2024

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

The Washington Department of 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 air pollution. The State’s 2021 Climate Commitment Act obligates Ecology to identify emission reduction strategies in these communities. This rulemaking will determine the processes and strategies that Ecology will use to achieve air quality targets, which may include emissions reduction and mitigation measures.

For the full article, see here. – Related B&D Attorneys: David Weber, Gus Winkes, Peter Selimos, Emily Schwartz

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July 24, 2024

B&D Lawyers Author Report Recommending Permitting Reforms to Help Washington State Meet Its Strict Decarbonization Goals

In 2023, facing increasing concern that Washington's lengthy and cumbersome permitting process could slow down the transition to low-carbon and carbon-free resources mandated by Washington’s statutes aimed at decarbonization the state’s economy by mid-century, the Washington Legislature directed the state’s Department of Commerce to conduct a study of permitting processes in Washington and to recommend reforms to those processes that will reduce unnecessary barriers to expansion of renewable energy, electric transmission, and other clean energy and low-carbon infrastructure. The Department of Commerce contracted with Beveridge and Diamond to conduct the study. The study was recently finalized, and is available here.

For the full article, see here. – Related B&D Attorneys: Eric Christensen, Christopher Bolte, Katherine O'Keefe, Jesse Miles, Jason Frank, Joseph Ruggiero

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June 5, 2024

Washington’s Department of Ecology Plans to Ban Formaldehyde Releasers from Cosmetics

Washington’s Toxic-Free Cosmetics Act (TFCA) prohibits the sale of cosmetic products containing certain added chemicals beginning January 1, 2025. One such chemical that will be prohibited is formaldehyde – but the TFCA does not expressly prohibit chemicals that release formaldehyde (known as formaldehyde releasers). Instead, the statute directed Washington’s Department of Ecology (Ecology) to define and identify formaldehyde releasers. Ecology is currently undergoing rulemaking to implement the TFCA. Ecology plans to adopt a rule to identify formaldehyde releasers that will be restricted from use in cosmetics once identified.

Read the full news alert here. –Authors: Mark Duvall, Liz Johnson, Jordann Krouse (2024 Summer Associate)

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May 30, 2024

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

The Washington State Department of Ecology (Ecology) published for public comment its proposed 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater and certain conditionally authorized “non-stormwater” discharges, from industrial activities in the State of Washington, as well as the corresponding draft Fact Sheet.

Read the full news alert here. –Authors: Erika Spanton, Allyn Stern, Katy O'Keefe

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April 2, 2024

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 process of determining the location, quantity, and priority of all water rights held in a certain area. Water use in Washington is prioritized using the “first in time, first in right” system, meaning that in times of water scarcity, water uses that began earlier have priority over uses that began later. The adjudication will apply to all water users in WRIA1 who do not get their water from a water utility.

Read the full news alert here. –Authors: Dave Weber, Barbara Marvin, Rachel Roberts

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February 9, 2024

Washington Identifies Screening Tools for Initial Contaminated Site EJ Assessments

The Washington Department of Ecology’s recent amendments to the state contaminated site cleanup regulations under the Model Toxics Control Act (MTCA) require screening to determine whether contaminated sites may affect “vulnerable populations” or “overburdened communities” at different stages of the cleanup process. In January 2024, Ecology released high-level methodological guidance, Implementation Memorandum No. 25: Identifying Likely Vulnerable Populations and Overburdened Communities under the Cleanup Regulations, on how to make these initial determinations.

Read the full news alert here. –Authors: Gus Winkes, Barbara Marvin, Chris Bolte

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January 23, 2024

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

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 inadvertently generated polychlorinated biphenyls (PCBs) in consumer products. Ecology’s petition asks EPA to initiate a rulemaking to phase-in “an eventual limit of zero” for inadvertently generated PCBs over a ten-year period. Ecology is primarily concerned with inadvertently generated PCBs found in pigments, inks, and dyes.

Read the full news alert here. –Authors: Ryan Carra, Mark Duvall, Dave Weber, Nick Hanel

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January 4, 2024

Pacific Northwest Climate Law Update: Recent Developments Cloud the Future of Oregon and Washington Climate Programs

Two developments toward the end of 2023 have clouded the future of climate policy in the Pacific Northwest. First, on November 21, 2023, opponents of Washington’s Climate Commitment Act (CCA) submitted more than 400,000 signatures to the Washington Secretary of State’s office supporting Initiative 2117 (I-2117). If approved, I-2117 would repeal the CCA. Second, on December 20, 2023, the Oregon Court of Appeals struck down Oregon’s Climate Protection Program, concluding that the Oregon Department of Environmental Quality (DEQ) did not provide proper notice when it adopted the program by administrative rulemaking. Northwest Natural Gas Co. v. Oregon Environmental Quality Commission, 329 Or.App. 648, __ P.3d __ (2023).

Read the full news alert here. –Authors: Eric Christensen, Brook Detterman, Dave Weber, Casey Clausen

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January 3, 2024

Washington Initiates Sustainable Aviation Fuel Rulemaking Under State’s Clean Fuel Standard Program

To bolster its Clean Fuels Program Rule, the Washington State Department of Ecology (Ecology) announced that it will begin a rulemaking to promote the production and use of sustainable aviation fuels (SAF) in Washington. The rulemaking aims to establish SAF pathways to enable producers to generate credits under the State’s Clean Fuels Standards (CFS) program. Ecology also intends to make several other regulatory changes, including to book-and-claim accounting and third-party verification requirements. Ecology will hold stakeholder meetings from January through Fall of 2024. Stakeholders can find updates on Ecology’s rulemaking webpage and subscribe to its CFS email list for developments.

Read the full news alert. - Authors: Dave Weber, Gus Winkes, Jesse Miles

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December 12, 2023

Washington State Drafts Determinations on PFAS-Containing Products

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 containing per- and polyfluoroalkyl substances (PFAS). These regulatory determinations, set to be finalized in June 2024, would guide Ecology’s future rulemaking on placing restrictions or reporting requirements on certain PFAS-containing products. These products include apparel and gear, firefighting PPE, cleaning products, automotive washes, waxes (for automobiles, floors, and skis), hard surface sealants, and cookware and kitchen supplies. Stakeholders should note which products might have reporting requirements or restrictions and provide comments to Ecology during the comment period, which expires on January 12, 2024.

Read the full news alert. - Authors: Ryan Carra, Nessa Horewitch Coppinger, Russ LaMotte, Dave Weber, Nick Hanel

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September 18, 2023

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

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 Act (CCA). Ecology is considering rule amendments “to increase the potential variety of offset projects that can be developed within the cap-and-invest program.” The rulemaking seeks to enhance the use of carbon offsets for compliance with CCA obligations, providing additional options and cost-management approaches for entities subject to the CCA.

Read the full news alert. - Authors: Eric Christensen, Brook Detterman, Dave Weber, Astrika Adams

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August 28, 2023

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

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 (MTCA) in over 20 years. The changes clarify the site discovery, investigation, remedy selection, and cleanup process, with a significant emphasis on integrating environmental justice considerations into the regulatory framework. The changes also include revisions to Ecology’s system for ranking site hazards and programmatic planning priorities. The updates will become effective on January 1, 2024.

Read the full news alert. - Authors: Dave Weber, Gus Winkes

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August 1, 2023

Vehicle Fleet Reporting Requirements in Washington State

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, 2023. Adopted in December 2022, WAC 173-423-083 requires owners, operators, and managers of medium- and heavy-duty vehicle fleets to complete a one-time report with certain information about their vehicles and their operations to Ecology. The broadly applicable reporting requirement aims to gather information on medium- and heavy-duty (MHD) vehicles and vehicle operations throughout the state, which Ecology will use to evaluate options for future emissions reduction strategies. The requirement is modeled on similar reporting obligations under California’s Advanced Clean Trucks rule and Oregon’s Clean Trucks rule. MHD vehicles are those weighing more than 8,500 pounds GVWR.

Read the full news alert. –Authors: Dave Weber, Gus Winkes, Liz Glusman, Kirstin Gruver, Nikki Waxman

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July 31, 2023

Washington State Proposes Sweeping Changes to Key Greenhouse Gas Regulation

On July 13, 2023, the Washington State Department of Ecology (Ecology) published proposed amendments to Chapter 173-443 WAC, Hydrofluorocarbons (HFCs). Key provisions of the Proposed Rule include:

1. Establishing maximum global warming potential (GWP) thresholds for HFCs used in new stationary refrigeration and air conditioning equipment, small cans of refrigerant, and certain nonessential consumer aerosol products;
2. Establishing a refrigerant management program with registration, leak inspection, leak repair, recordkeeping and reporting requirements for owners or operators of large stationary refrigeration and air conditioning systems; and
3. Establishing required service practices for technicians who service stationary refrigeration and air conditioning systems.

Ecology requests comment on the Proposed Rule by August 31, 2023.

Read the full news alert. –Authors: Allyn Stern, Dave Weber

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June 19, 2023

Washington State Finalizes Chemical in Product Restrictions; Announces Next Targets

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.

Key Takeaways

• What is happening? The Washington State Department of Ecology (Ecology) has completed Cycle 1 of its Safer Products for Washington program and signaled its direction for Cycle 2. To complete Cycle 1, Ecology finalized rules restricting the presence of certain chemicals in certain products and imposing reporting requirements for other chemical product combinations. Ecology also established a process by which companies may request an exemption from Safer Products for Washington requirements. Separately, Ecology published its Draft Report to the legislature identifying potential priority chemicals for Cycle 2 of the program. The report identifies seven new chemicals and classes of chemicals for potential regulation. Ecology is requesting comment on the Draft Report by July 14, 2023.

Read the full news alert. –Authors: Ryan Carra, Russ LaMotte, Dave Weber, Kirstin Gruver

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May 30, 2023

Supreme Court Narrows CWA Jurisdiction Over Waters of the U.S.

On May 25, the U.S. Supreme Court issued its long-awaited decision in Sackett v. EPA, No. 21-454, holding that Clean Water Act (CWA) jurisdiction extends to wetlands only if they have a continuous surface connection to relatively permanent bodies of water. The ruling is the latest (and some hope final) chapter in the saga to define the scope of federal jurisdiction over “waters of the United States” (WOTUS). The Court infamously exacerbated the controversy in its 2006 non-decision in Rapanos v. United States, where the Justices split 4-1-4 and issued two competing tests for evaluating CWA jurisdiction.

Read the full news alert. –Authors: Jamie Auslander, Eric Christensen, Richard Davis, Karen Hansen, Parker Moore, Drew Silton, Erika Spanton, Allyn Stern, Tim Sullivan, Jonas Reagan

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May 2, 2023

Washington State Battery EPR Bill Poised to Become Law

On April 18, 2023, the Washington state legislature passed SB 5144: Providing for responsible environmental management of batteries (the Bill). It is now on the Governor’s desk for signature. The Bill creates an extended producer responsibility (EPR) scheme for producers of covered batteries and is another recent example of a state law establishing a broad EPR program to cover all battery chemistries, including lithium-ion batteries.

Read the full news alert. –Authors: Paul Hagen, Lauren Hopkins, Russ LaMotte, Mary Burdette, Kirstin Gruver

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February 16, 2023

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

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 Ecology (Ecology) recently announced that it intends to file a complaint, which would trigger a water rights adjudication in Whatcom County Superior Court this summer. That filing will initiate a formal process for quantifying and prioritizing water rights in the Nooksack Basin that will involve all holders of water rights in the Basin. The adjudication intends to reconcile growing demands and the Basin’s limited water supply through a formal legal process. This adjudication will be accompanied by voluntary processes to settle disputes and expedite the adjudication. In the absence of settlement, water rights adjudications can be expected to take years or even decades.

Read the full news alert. –Authors: Eric Christensen, Erika Spanton, Rachel Roberts

January 31, 2023

Washington District Court Reversal on MTCA Liability for Smokestack Emissions

A court in the Eastern District of Washington recently reversed its prior decision concluding that the deposition of aerial emissions from a smokestack in Canada could support a claim for arranger liability under Washington’s cleanup statute, the Model Toxics Control Act (MTCA). The court previously held that under MTCA, “[t]he ordinary meaning of ‘disposal’ does not preclude [disposal by aerial emissions], and crucially, MTCA expressly contemplates cleanup sites created by aerial contamination,” despite a 2016 Ninth Circuit decision in the same matter that denied arranger liability under CERCLA based on aerial emissions for the same facility.

Read the full news alert. –Authors: David Weber, Gus Winkes, Rachel Roberts

January 5, 2023

Washington State Issues Draft Guidance for PFAS Investigation and Remediation

In mid-December 2022, the Washington Department of Ecology (Ecology) released Draft Guidance for Investigating and Remediating PFAS Contamination in Washington State.

The Draft Guidance would apply to independent cleanups and those that Ecology supervised or conducted. It follows Ecology’s decision last year to include per- and polyfluoroalkyl substances (PFAS) as hazardous substances under Washington’s Model Toxics Control Act (MTCA), the Washington Department of Health’s establishment of State Action Levels for five PFAS compounds in drinking water, and the publication over the summer of preliminary cleanup levels for soil and groundwater for six PFAS compounds, including the five with State Action Levels. The Draft Guidance identifies preliminary cleanup levels for six PFAS compounds and signals that Ecology intends to develop additional standards to reflect new federal and/or state PFAS regulations and the availability of new scientific information.

Comments on the Draft Guidance are due by January 27, 2023.

Read the full news alert. –Authors: Gus Winkes, Megan Withroder

December 7, 2022

Tribal Treaty Rights Take Center Stage in Two Landmark Federal Water Quality Actions

Key Takeaways

• What Happened? The U.S. Environmental Protection Agency (EPA) is seeking to increase the protection of tribal treaty rights through water quality standards. First, EPA issued a final rule re-establishing strict federal water quality criteria in Washington State with a stated goal of “protect[ing] the health of...tribes with treaty-reserved rights to fish” (2022 Human Health Criteria Rule). Second, on the heels of its human health criteria rulemaking for Washington, EPA published a proposed rule expressly mandating that states, tribes, and EPA consider treaty rights to aquatic and aquatic-dependent resources when setting water quality standards nationwide, and detailing the requirements and mechanisms for doing so (2023 Water Quality Standards Revision Rule).

• Who Is Affected? The 2022 Human Health Criteria Rule affects industries, municipalities, trade organizations, and tribes in the State of Washington. If adopted, the 2023 Water Quality Standards Revision Rule will affect industries, municipalities, trade organizations, and tribes throughout the country.
• Next Steps? We anticipate future legal challenges to EPA’s 2022 Human Health Criteria Rule, as the final rule is unlikely to settle the controversial saga of Washington’s human health criteria. On the 2023 Water Quality Standards Revision Rule, we recommend that interested parties consider submitting written comments on the proposed rule and/or presenting oral comments at one of two upcoming public hearings on January 24 and 31, 2023.

Read the full news alert. –Authors: Dave Weber, Eric Christensen, Allyn Stern, Erika Spanton, Rachel Roberts, John O'Meara

November 30, 2022

Informal Comments on Washington Department of Ecology’s Draft 2024 Municipal Stormwater General Permits and Draft 2024 Stormwater Management Manuals Due Friday, December 2, 2022

Washington Department of Ecology (Ecology) is preparing draft 2024 Phase I and Phase II Municipal Stormwater General Permits, a draft updated Stormwater Management Manual for Western Washington (SWMMWW), and a draft updated Stormwater Management Manual for Eastern Washington (SWMMEW) for publication in 2024. Ecology is expected to release complete, final drafts of the proposed 2024 permits and manuals for formal public comment during the summer of 2023. In the interim, Ecology is seeking informal comments through midnight Friday, December 2, 2022, on aspects of the current drafts. Municipalities, industries, and trade associations potentially impacted by the proposed changes may want to consider submitting informal comments.

Ecology is seeking informal comment on the following potential municipal stormwater general permit changes:

1. Standard outfall reporting – mapping. Ecology is proposing to require permittees to report outfall locations. Currently, permittees are required to map all municipal stormwater outfalls and report outfall size and material; however, permittees are not currently required to report the location of the outfalls.

2. Tree retention – stormwater planning or monitoring & assessment. Ecology proposes set tree canopy retention/restoration objectives and requires certain tree canopy documentation.

3. PCBs – Education and outreach, IDDE, O&M. Ecology proposes additional permit requirements related to stormwater management for polychlorinated biphenyls (PCBs) in building materials. Specifically, Ecology is considering (1) adding “proper handling of materials to reduce pollution to stormwater, including PCBs in building materials” as a subject area for general awareness education targeting engineers, contractors, developers, and land use planners, (2) further limiting conditionally allowable discharges of routine external building washdowns, and (3) expressly requiring the development of policies, procedures, and practices for external building washdowns of municipally owned buildings constructed between 1950-1980 and the “proper handling” of building materials during demolition and renovations of municipally owned buildings.

Ecology seeks informal comment on the following potential stormwater management manual changes:

1. The addition of a section to the manuals regarding “Climate Change Impacts on Stormwater Management”, including Ecology’s proposed recommended “actions to help mitigate the impacts of climate change on stormwater management design” such as “[a]pplying more [Low Impact Development (LID)], rather than managing the stormwater at the end of pipe or receiving water bodies” and “[upsizing] BMPs when possible by changing the Flow Control goals to capture larger storms (e.g. 100 yr peak flow instead of 50 yr) in more vulnerable areas.”

2. The addition of content regarding nutrients, PCBS, and 6PPD-quinone to the “Stormwater Pollutants and Their Adverse Impacts” section of the manuals.

3. Updates to the source control best management practices recommendations for PCBs.

4. Updates to the Bioretention BMP section to include the option of using High Performance Bioretention Soil Mix (HPBSM), and guide the design infiltration rate for the Custom Bioretention Soil Mix.

5. Updates the “Appendix 1 of the MS4 Permits” section to reflect new project level and TDA level thresholds for the minimum requirements (SWMMWM- Western Manual) and new project level and core element level thresholds for the core element (SWMMEW-Eastern Manual).

Informal comment on the preliminary proposed municipal stormwater general permit changes and/or preliminary proposed manual changes may be submitted here through midnight December 2, 2022. Interested parties can also start thinking strategically about formal comments to submit next year. The topics discussed above serve as a preview of the key proposed changes municipalities, industries, and trade associations can expect to see in the full draft municipal permits and draft stormwater management manuals slated to be released for formal public comment in the summer of 2023. Informal comments are an opportunity to provide early input and potentially influence Ecology’s proposed updates to the permits and stormwater management manuals. Please contact the authors for more information about Ecology’s proposed permit and manual changes, or assistance with the public comment process.

Authors: Susan Smith, Allyn Stern, Erika Spanton

October 13, 2022

MTCA Liability for Smokestack Emissions

As detailed in a new alert from B&D, the court later reversed the decision described below.

Last month, a federal court judge in the Eastern District of Washington concluded that deposition of aerial emissions from a smokestack could support a claim for arranger liability under Washington’s cleanup statute, the Model Toxics Control Act (MTCA).

Read the full news alert. –Authors: Dave Weber, Gus Winkes, Rachel Roberts

October 5, 2022

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

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 round of Stormwater Action Monitoring (SAM) studies.

6PPD is an important tire preservative (antioxidant and antiozonant) that helps prevent the degradation and cracking of rubber. It is a safety component of almost every automobile tire on the road. 6PPD-quinone is the transformation product of 6PPD that forms when 6PPD reacts with oxygen and/or ozone. It is believed to be capable of mobilizing from rubbers into water when wet. 6PPD-quinone was highlighted during a 2020 study of mass die offs of pre-spawning Coho salmon (referred to as urban runoff mortality syndrome). The 2020 study drew a connection between 6PPD-quinone and Coho salmon mortality.

The proposed study topic list will be voted on by the larger SWG at its upcoming November 16, 2022 meeting. The topics list will provide the foundation for Ecology’s request for proposal (RFP) in January 2023 for new SAM Effectiveness and Source ID studies. These studies will be funded with revenue collected under the municipal stormwater permits from 2022-2024. A project selection workshop is expected to occur in late 2023.

Tomorrow’s subcommittee meeting will also include a discussion of current 6PPD-quinone and tire wear studies and planning.

Meeting details follow:

October 6, 2022 at 1:00 pm PT:

• Microsoft Teams: Click here to join the meeting (Meeting ID: 247 036 172 108 Passcode: qw9xCy)
• Phone: +1 564-999-2000,,54794182# (Phone Conference ID: 547 941 82#)

Authors: Ryan Carra, Erika Spanton

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