Environmental justice

AN ACT Relating to increasing environmental justice by improving 1
government decisions; amending RCW 70A.15.2210; adding new sections 2
to chapter 43.21C RCW; and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The purpose of this act is to reduce the 5
disparities in cumulative environmental and health impacts in 6
Washington and improve the health of all Washington residents.7
NEW SECTION. Sec. 2. A new section is added to chapter 43.21C 8
RCW to read as follows: 9
(1)(a) The department of ecology shall add environmental justice 10
as an element of the environment within WAC 197-11-444 and as a 11
component of the environmental checklist within WAC 197-11-960, as 12
those sections existed on the effective date of this section.13
(b) Upon the adoption of rules by the department of ecology, a 14
lead agency must, in implementing the requirements of this chapter, 15
consider environmental justice in a manner consistent with its 16
consideration of other elements of the environment within WAC 17
197-11-444. 18
(2) For purposes of this section "environmental justice" has the 19
same meaning as in RCW 70A.02.010. 20
S-0623.1
SENATE BILL 5380
State of Washington 69th Legislature 2025 Regular Session
By Senators Lovelett, Trudeau, Hasegawa, Nobles, Saldaña, Stanford,
and Valdez
Read first time 01/21/25. Referred to Committee on Environment,
Energy & Technology.
p. 1 SB 5380
NEW SECTION. Sec. 3. A new section is added to chapter 43.21C 1
RCW to read as follows: 2
(1)(a) To evaluate probable adverse environmental impacts on 3
environmental justice under this chapter for a potentially impactful 4
project located or proposed to be located in whole or in part in a 5
pollution burdened community, a lead agency must complete an 6
environmental justice impact statement consistent with the 7
requirements of this section. 8
(b) The requirement to complete an environmental justice impact 9
statement does not apply to: 10
(i) Projects that are not located in whole or in part in a 11
pollution burdened community; or 12
(ii) Projects other than potentially impactful projects.13
(c) The completion of the environmental justice impact statement 14
for potentially impactful projects under this section satisfies the 15
requirement for the analysis of probable adverse impacts on 16
environmental justice under this chapter, specified in section 2 of 17
this act. 18
(d) This section applies only to proposed actions associated with 19
a new potentially impactful project, the expansion of an existing 20
potentially impactful project, or renewal of an existing potentially 21
impactful project's permit, and for which review under this chapter 22
had not been initiated as of the effective date of this section and 23
is completed on or after January 1, 2027. 24
(2) An environmental justice impact statement prepared by a lead 25
agency under this section must assess: 26
(a) The potential environmental and public health stressors 27
associated with the proposed new or expanding potentially impactful 28
project, or with the existing potentially impactful project, as 29
applicable; 30
(b) Any adverse environmental or public health stressors that 31
cannot be avoided if the permit is granted; and 32
(c) The environmental or public health stressors already borne by 33
the pollution burdened community as a result of existing conditions 34
located in or affecting the pollution burdened community.35
(3)(a) The lead agency must complete the environmental justice 36
impact statement at or before the time that a proposed action 37
receives a determination of significance, a determination of 38
nonsignificance, or a determination of mitigated nonsignificance. The 39
lead agency must complete the environmental justice impact statement 40
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if a proposed action may cause a disproportionate impact on an 1
overburdened community and without regard to the type of threshold 2
determination under this chapter that the project receives related to 3
the environmental impacts of the proposed action other than its 4
environmental justice impacts. 5
(b) Upon completion of the environmental justice impact 6
statement, the lead agency must transmit the environmental justice 7
impact statement to the office of financial management, and the 8
office of financial management must publish the environmental justice 9
impact statement on the website established under RCW 70A.02.090. The 10
office of financial management's website list of environmental 11
justice impact statements must include a brief description of the 12
agency action undergoing review under this section, a brief summary 13
of the findings of the environmental justice impact statement, and 14
the methods for providing public comment under subsection (4) of this 15
section for lead agency consideration as part of the environmental 16
justice impact assessment. The environmental justice impact statement 17
must be published by the office of financial management at least 30 18
days in advance of the public hearing required under subsection (4) 19
of this section, and must be published in a manner that meets 20
community engagement rules adopted by the department of ecology that 21
apply: (i) Best practices for outreach and communication to overcome 22
barriers to engagement with pollution burdened communities and 23
vulnerable populations; (ii) processes that facilitate and support 24
the inclusion of members of communities affected by agency decision 25
making; and (iii) methods for outreach and communication with those 26
who face barriers, language or otherwise, to participation.27
(4)(a) No sooner than 60 days after the publication by the office 28
of financial management of the environmental justice impact statement 29
under subsection (3) of this section, the lead agency must organize 30
and conduct a public hearing in the pollution burdened community on 31
the environmental justice impact statement. This hearing may be held 32
coincident with other hearings required under this chapter or under 33
other applicable laws, but only if the minimum public notice and 34
community engagement requirements of this section and any similar 35
requirements applicable to the coincident hearing are individually 36
met. The notice of the public hearing published by the lead agency 37
and the office of financial management must be mailed to each 38
residence located in the pollution burdened community to notify 39
residents that their residence is located in or adjacent to a 40
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pollution burdened community and must include the date, time, and 1
location of the public hearing, a description of the proposed 2
potentially impactful project, a brief summary of the environmental 3
justice impact statement including a listing of all potential 4
environmental and health stressors associated with the project, 5
information on how an interested person may review a copy of the 6
complete environmental justice impact statement, and information 7
regarding the opportunities for public comment to the lead agency on 8
the environmental justice impact assessment. The lead agency may also 9
provide notice through other methods identified by the agency to 10
ensure direct and adequate notice to individuals in the community 11
including, but not limited to, providing information directly to 12
active community groups or organizations, automated phone, voice, or 13
electronic notice, flyers, and utilization of other publications 14
utilized within the community. 15
(b) At the public hearing required in this section, the lead 16
agency must provide clear, accurate, and complete information about 17
the proposed potentially impactful project. A lead agency must 18
require participation in the hearing by the project proponent for the 19
potentially impactful project or other proponent of government action 20
related to the potentially impactful project that is the subject of 21
the environmental justice impact assessment. 22
(c) The lead agency must accept written and oral comments from 23
any interested party at the public hearing, transcribe and make 24
publicly available any oral comments given during the public hearing 25
within a reasonable period of time after the public hearing, and 26
provide an opportunity for meaningful public participation at the 27
public hearing. 28
(5)(a) Where the pollution burdened community is not subject to 29
adverse cumulative stressors and the lead agency demonstrates, 30
through an analysis of the potentially impactful project's 31
contributions to the existing environmental and public health 32
stressors in the pollution burdened community, that the potentially 33
impactful project will avoid causing a disproportionate impact that 34
would occur by creating adverse cumulative stressors as a result of 35
the potentially impactful project's contribution, only the 36
information pursuant to subsection (6) of this section is required to 37
be included in an environmental justice impact statement.38
(b) Where the potentially impactful project cannot avoid a 39
disproportionate impact that would occur by creating adverse 40
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cumulative stressors as a result of the potentially impactful 1
project's contribution, the lead agency shall include information 2
required pursuant to both subsections (6) and (7) of this section, 3
including analyzing and proposing feasible measures to, as 4
applicable, avoid or minimize contributions to environmental and 5
public health stressors, provide a net environmental benefit, and, 6
where appropriate, demonstrate how the potentially impactful project 7
serves a compelling public interest in the pollution burdened 8
community. 9
(c) Where the pollution burdened community is subject to adverse 10
cumulative stressors, the lead agency shall include information 11
required pursuant to both subsections (6) and (7) of this section.12
(d) A lead agency that is required to provide the information 13
under subsection (7) of this section must determine whether the 14
potentially impactful project can, as applicable, first avoid a 15
disproportionate impact or, where a disproportionate impact will 16
occur, address its contributions to environmental and public health 17
stressors in the pollution burdened community.18
(6) In its environmental justice impact statement, a lead agency 19
reviewing a potentially impactful project located, or proposed to be 20
located, in whole or in part, in a pollution burdened community must 21
require information from the proponent of the proposed action as 22
necessary, and include: 23
(a) An executive summary of the information contained in the 24
environmental justice impact statement, including any supplemental 25
information as required in subsection (7) of this section;26
(b) A detailed written description of the municipal and 27
neighborhood setting of the potentially impactful project, including 28
the location of community and residential dwellings, hospitals, 29
nursing homes, playgrounds, parks, schools, and comprehensive 30
demographic and economic zoning. The site location must also be 31
identified by a site plan of the potentially impactful project or 32
equivalent map if no site plan exists; 33
(c) A description of the potentially impactful project's current 34
and proposed operations, which must include, but not be limited to, 35
the following: 36
(i) An explanation of the purpose of the permit application, 37
including how, if at all, the project serves the needs of the 38
individuals in the pollution burdened community; 39
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(ii) Identification of all processes to be used, including 1
pollution or environmental control measures and monitoring 2
instrumentation, hours of operation, on-site equipment, traffic 3
routes, number of employees, and all other information relevant to 4
the potential for the new potentially impactful project to contribute 5
to environmental and public health stressors in the pollution 6
burdened community; and 7
(iii) For new or expanded facilities, a schedule for the 8
construction and operation including anticipated completion dates for 9
major phases of construction, any pollution or environmental control 10
measures and monitoring instrumentation, hours of operation, on-site 11
equipment, traffic routes, number of employees, and all other 12
information relevant to the potential for the construction to 13
contribute to environmental and public health stressors in the 14
pollution burdened community; 15
(d) Evidence of satisfaction of any local environmental justice 16
or cumulative impact analysis ordinances with which the project 17
proponent is required to comply; 18
(e)(i) A listing of the existing environmental and public health 19
stressors in the pollution burdened community and an indication of 20
the appropriate geographic point of comparison for each stressor by 21
selecting the lower of the 50th percentile of the state or county's 22
equivalent stressor, excluding other pollution burdened communities 23
from the comparison; 24
(ii) An indication of which environmental and public health 25
stressors are considered adverse by comparing the value of each 26
stressor in the pollution burdened community with the appropriate 27
geographic point of comparison; 28
(iii) A combined stressor total value to be calculated by summing 29
the number of adverse environmental and public health stressors in 30
the pollution burdened community. The lead agency shall indicate the 31
appropriate geographic point of comparison for the combined stressor 32
total by selecting the lower of the 50th percentile of the state or 33
county's combined stressor totals excluding the combined stressor 34
totals of other pollution burdened communities from the comparison;35
(iv) A determination of whether the pollution burdened community 36
is subject to stressors by comparing the combined stressor total to 37
the appropriate geographic point of comparison. If the potentially 38
impactful project is located, or proposed to be located, in whole or 39
in part, in more than one pollution burdened community, the lead 40
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agency will apply the higher combined stressor total of the 1
overburdened communities for the purposes of this analysis;2
(f) An assessment of the impacts, both positive and negative, of 3
the potentially impactful project on each environmental and public 4
health stressor in the pollution burdened community identified as 5
affected under conditions of maximum usage or output, and a 6
correlation of such impacts with various stages of the site 7
preparation, and potentially impactful project construction and 8
operation, including the amounts, concentrations, and pathways of any 9
contaminants or pollution that will be associated with the 10
potentially impactful project; 11
(g) A public participation plan that, at a minimum, satisfies the 12
requirements of subsection (4) of this section, including all 13
proposed forms and methods of notice to the members of the pollution 14
burdened community and the proposed hearing location;15
(h) A demonstration, including any necessary operational 16
conditions and control measures, that the potentially impactful 17
project will avoid a disproportionate impact that would occur by 18
creating adverse cumulative stressors in the pollution burdened 19
community as a result of the potentially impactful project's 20
contribution. If the project proponent cannot make such a 21
demonstration, then it is presumed that a disproportionate impact is 22
present, and the project proponent shall include the information 23
required in subsection (7) of this section; and 24
(i) As applicable, how a potentially impactful project will serve 25
a compelling public interest in the pollution burdened community.26
(7) If the lead agency determines a potentially impactful project 27
is located, or proposed to be located, in whole or in part, in a 28
pollution burdened community that is subject to adverse cumulative 29
stressors or the project proponent cannot demonstrate that it will 30
avoid a disproportionate impact that would occur by creating adverse 31
cumulative stressors in the pollution burdened community as a result 32
of the potentially impactful project's contribution, a project 33
proponent shall provide to the lead agency, to the extent requested 34
by the lead agency, information sufficient for the lead agency to 35
include the following in the environmental justice impact statement:36
(a) A site mapping showing: 37
(i) Topographic conditions, contour data, drainage patterns, 38
wetlands or their associated buffers, coastal zones, or other areas 39
regulated by the lead agency; 40
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(ii) Areas of known plant or animal species on the federal and 1
state endangered, threatened, or rare plant or animal species list;2
(iii) All existing water classifications, designated uses, and 3
limitations of the surface water bodies that are immediately adjacent 4
to the site, exist on the site, or drain directly onto or off the 5
site, upstream tributaries of bodies of water that flow onto the 6
site, and downstream tributaries of bodies of water that flow from 7
the site; and 8
(iv) Any existing on-site public scenic attributes or outdoor 9
recreation and conservation opportunities in the pollution burdened 10
community, such as any federal, state, county, or municipal parks, 11
forests, wildlife management areas and natural areas, any areas 12
acquired for recreation and conservation purposes, any lands 13
preserved as open space by a nonprofit conservation organization, or 14
other public access features; 15
(b) Information pertaining to the existence or absence of 16
contamination on site, which may include the existence of known or 17
suspected contaminants, historical uses of the site, and any 18
remediation activities that have occurred on the site;19
(c) A description of the ambient air quality data for existing 20
concentrations of the national ambient air quality standard 21
pollutants as identified at 42 U.S.C. Sec. 7401 et seq., and a 22
discussion of how the potentially impactful project will comply with 23
the requirements of rules adopted by the department of ecology 24
pursuant to chapter 70A.15 RCW; 25
(d) A description of the subsurface hydrology that presents 26
groundwater quantity and quality data for the aquifers located 27
beneath the site including, but not limited to, depth to groundwater 28
during seasonal high and low flow, flow direction, existing uses, and 29
future supply capabilities. In addition, a description of the soils 30
that identifies major soil types and their characteristics including, 31
but not limited to, drainage, erosion potential, and sedimentation 32
potential; 33
(e) A description of the localized climate and flooding impacts 34
through the presentation of site-specific data for average annual and 35
monthly precipitation, flooding, and temperature. Meteorological data 36
may be obtained from the nearest national oceanographic and 37
atmospheric administration sanctioned station. At a minimum, the 38
description must use data and tools from the department of health's 39
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Washington tracking network, which must be referenced in the prepared 1
document, and address: 2
(i) Whether the potentially impactful project is located within a 3
flood hazard area; 4
(ii) The expected impacts of flooding on the potentially 5
impactful project from the 100-year storm event or potential 6
inundation due to sea level rise; 7
(iii) Proposed resilience measures; and 8
(iv) A list of measures to mitigate risks from flooding and 9
inundation; 10
(f) A traffic study that describes the transportation routes that 11
will service the new potentially impactful project, site access 12
capability, and existing traffic flow patterns expressed in terms of 13
daily peak hour volumes, off peak hour volumes, levels of service, 14
and average daily round trips, and the potentially impactful 15
project's current and proposed contributions thereto for all vehicles 16
associated with the potentially impactful project's operations;17
(g) A description of the sewage facilities that identifies the 18
type of treatment system available, existing treatment capacity, 19
collection system capacity, average and peak flow data, and current 20
committed capacity for the treatment and collection system;21
(h) A description of the stormwater management system that 22
identifies the type of collection and treatment system available, and 23
current collection and treatment capacity and utilization, including 24
the presence or absence of combined sewer overflows;25
(i) A description of the water supply that identifies the water 26
supply system, water sources, level and type of existing 27
pretreatment, capacity of the distribution system, current commitment 28
of capacity, availability of additional supply, and peak and average 29
demands; 30
(j) A description of the energy supply system on-site or 31
immediately available to the site by identifying existing power lines 32
or pipelines, current commitment of capacity, the capability of 33
supplying energy to the proposed potentially impactful project or 34
activity, and conveying, if applicable, any energy products generated 35
by the proposed potentially impactful project and activity from the 36
site. This analysis must include an evaluation of the feasibility of 37
the utilization of on-site or off-site renewable energy resources to 38
meet, fully or partially, the energy demand of the potentially 39
impactful project; 40
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(k) For new or expanded facilities, a sufficiently detailed 1
comparison of reasonable design alternatives that would permit 2
independent and comparative evaluation, including siting changes or 3
process alternatives that could reduce some or all of the proposed 4
potentially impactful project's contributions to environmental and 5
public health stressors in the pollution burdened community, 6
including: 7
(i) Identification of any significant differences in 8
contributions to environmental and public health stressors that would 9
reasonably result from the alternatives considered;10
(ii) A discussion of the alternative of no action or no project, 11
including the major foreseeable consequences of such a choice;12
(iii) A comparison, in matrix or other appropriate format, of 13
both the chosen alternative and the set of alternatives considered; 14
and 15
(iv) A justification of selection of the preferred alternative;16
(l) An odor, dust, and noise mitigation or management plan, if:17
(i) The potentially impactful project has the potential to cause 18
odor, dust, or noise off-site; 19
(ii) The potentially impactful project has had a confirmed odor, 20
dust, or noise complaint submitted through the Washington state 21
environmental report tracking system, regional air agency, or the 22
local health agency for the five years preceding the date of the 23
permit application; or 24
(iii) A detailed compliance history for the potentially impactful 25
project, if applicable, including any existing federal, state, or 26
local permits and copies of any enforcement actions issued to the 27
potentially impactful project for the five years preceding the date 28
of the initiation of the environmental justice impact statement; and29
(m) An analysis and proposal of control measures to address the 30
potentially impactful project's contribution to environmental and 31
public health stressors in accordance with this section.32
(8) A project proponent may elect to submit the information 33
specified in this section to a lead agency independent of whether the 34
potentially impactful project: 35
(a) Is located, or proposed to be located, in whole or in part, 36
in a pollution burdened community that is subject to adverse 37
cumulative stressors; or 38
(b) Cannot demonstrate that it will avoid a disproportionate 39
impact that would occur by creating adverse cumulative stressors in 40
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the pollution burdened community as a result of the potentially 1
impactful project's contribution. 2
(9) Following the completion of the public participation process 3
detailed in subsection (4) of this section, the lead agency shall 4
consider the environmental justice impact statement, and any 5
supplemental information, testimony, written comments, the project 6
proponent's response to comments, and any other information deemed 7
relevant by the lead agency to determine whether the potentially 8
impactful project can avoid a disproportionate impact, determine 9
whether to deny or approve the proposed action, and evaluate whether 10
and how to impose conditions concerning the construction and 11
operation of the potentially impactful project to address its 12
contributions to environmental and public health stressors affecting 13
the pollution burdened community. The lead agency may not consider 14
the economic benefits of a potentially impactful project in 15
determining whether to deny, approve, or require mitigation of a 16
potentially impactful project. 17
(10)(a) At least 45 days subsequent to both the publication of 18
the environmental justice impact statement and public hearing under 19
this section, and taking into consideration both the environmental 20
justice impact statement and the testimony and written comments from 21
the public hearing under this section, a lead agency must, consistent 22
with RCW 43.21C.060, deny or mitigate an action associated with a 23
potentially impactful project in a pollution burdened community. 24
Mitigation imposed under this section must address each adverse 25
impact on an environmental or public health stressor in the 26
community. 27
(b) The lead agency may not exercise its authority in subsection 28
(9) of this section in a manner that would compromise the reasonable 29
requirements of public health, safety, and welfare to the environment 30
in the pollution burdened community. 31
(11) For purposes of this section, the following definitions 32
apply unless the context clearly requires otherwise:33
(a) "Adverse cumulative stressor" means a stressor in the 34
pollution burdened community that is higher than a pollution burdened 35
community's geographic point of comparison or would be made higher 36
than a pollution burdened community's geographic point of comparison 37
as a result of a potentially impactful project's contribution.38
(b)(i) "Compelling public interest" means a demonstration that 39
the potentially impactful project primarily services an essential 40
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environmental, health, or safety need of the individuals in a 1
pollution burdened community, is necessary to serve the essential 2
environmental health or safety need, and that there are no other 3
means reasonably available to meet the essential environmental, 4
health, or safety need. 5
(ii) "Compelling public interest" does not include consideration 6
of the economic benefits of a proposed new potentially impactful 7
project or the expansion of an existing potentially impactful 8
project. 9
(c)(i) "Disproportionate impact" means the potentially impactful 10
project cannot avoid either: 11
(A) Creating adverse cumulative stressors in a pollution burdened 12
community as a result of the potentially impactful project's 13
contribution; or 14
(B) Contributing to an adverse environmental or public health 15
stressor in a pollution burdened community that is already subject to 16
adverse cumulative stressors. 17
(ii) A potentially impactful project located either in whole or 18
in part, in a pollution burdened community, is capable of having a 19
disproportionate impact on that community. 20
(d) "Environmental justice impact statement" means a systematic, 21
interdisciplinary, and integrated assessment of environmental and 22
public health conditions in a pollution burdened community that 23
identifies and analyzes: 24
(i) Existing environmental and public health stressors;25
(ii) Any adverse environmental and public health stressors;26
(iii) The presence or absence of adverse cumulative stressors;27
(iv) Potential environmental and public health stressors 28
associated with a potentially impactful project; 29
(v) Whether the potentially impactful project can avoid causing 30
or contributing to a disproportionate impact; 31
(vi) Alternative locations where the potentially impactful 32
project could be located; 33
(vii) The measures the potentially impactful project proposes to 34
implement to avoid or mitigate causing or contributing to any 35
disproportionate impact; and 36
(viii) Where applicable, how the new potentially impactful 37
project serves a compelling public interest in a pollution burdened 38
community. 39
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(e) "Environmental or public health stressors" means sources of 1
environmental pollution or conditions that may cause potential public 2
health impacts such as, but not limited to, asthma, cancer, elevated 3
blood lead levels, cardiovascular disease, developmental problems, 4
and low birth weight in the overburdened communities, including, but 5
not limited to: 6
(i) Concentrated areas of air pollution and mobile sources of air 7
pollution: 8
(A) Criteria pollutants including particulate matter 2.5 (PM 9
2.5), particulate matter 10 (PM 10), sulfur dioxide (SO2), nitrogen 10
dioxide (NO2), lead, carbon dioxide (CO2), and ozone;11
(B) Wildfire smoke; 12
(C) Ozone concentration; 13
(D) Diesel exhaust PM2.5 emissions; 14
(E) Cancer risk from air toxics excluding diesel particulate 15
matter; 16
(F) Noncancer risk from air toxics; 17
(G) Hazardous air pollutants; 18
(H) Toxic releases from facilities into air; and19
(I) Proximity to heavy traffic roadways; 20
(ii) Water pollution: 21
(A) Drinking water quality; 22
(B) Marine water quality; 23
(C) Fish and shellfish health advisories; 24
(D) Wastewater discharge; 25
(E) Surface water quality; 26
(F) Groundwater quality; and 27
(G) Combined sewer overflows; 28
(iii) Environmental hazards in communities or contaminated sites:29
(A) Railways, airports, or ports; 30
(B) Lead risk from housing; 31
(C) Use of leaded fuels; 32
(D) Density of or proximity to known contaminated sites and 33
clean-up sites: 34
(I) Hazardous waste treatment, storage, and disposal sites;35
(II) Superfund sites; 36
(III) Risk management plan sites; 37
(IV) Confirmed and suspected contaminated sites;38
(V) Formerly used defense sites; and 39
(VI) Environmental covenants registry; and 40
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(iv) Social determinants of health: 1
(A) Unemployment; 2
(B) Educational attainment; 3
(C) People living in poverty; 4
(D) Percent of children eligible for free or reduced-price lunch; 5
and 6
(E) Limited English-speaking households. 7
(f) "Pollution burdened community" means a community ranked as a 8
seven or higher on the environmental health disparities map developed 9
under RCW 43.70.815, in a community immediately geographically 10
adjacent to such a community, or identified using a similar 11
environmental or public health screening tool, as adopted by rule by 12
the department of ecology. 13
(g)(i) Except as provided in (ii) of this subsection, 14
"potentially impactful project" means projects that are:15
(A) A major source of air pollution regulated and required to 16
obtain an operating permit under chapter 70A.15 RCW;17
(B) A source regulated and required to obtain a notice of 18
construction permit under chapter 70A.15 RCW; 19
(C) A source regulated and required to obtain a prevention of 20
significant deterioration permit under chapter 70A.15 RCW;21
(D) A source regulated and required to obtain a general order 22
permit under chapter 70A.15 RCW; 23
(E) A significant source of air pollution from transportation 24
impacts associated with the project; 25
(F) An incinerator, as defined in RCW 70A.216.010;26
(G) A processing facility, combustor, or incinerator of municipal 27
sewage sludge, as defined in RCW 70A.226.010; 28
(H) A sewage treatment plant; 29
(I) A transfer station, landfill, scrap metal facility, or other 30
solid waste facility required to obtain a solid waste handling permit 31
under chapter 70A.205 RCW; 32
(J) A medical waste incinerator; or 33
(K) A project covered by a permit under chapter 90.48 RCW other 34
than: 35
(I) A construction general permit; 36
(II) A municipal stormwater general permit; 37
(III) A fresh fruit packing general permit; 38
(IV) A boatyard general permit; 39
(V) An environmental protection agency vessel general permit;40
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(VI) A winery general permit; and 1
(VII) A bridge and ferry terminal washing permit.2
(ii) "Potentially impactful project" does not include:3
(A) A clean energy project, as that term is defined in RCW 4
43.158.010; 5
(B) Projects related to facilities with North American industry 6
classification system code 92811 (national security) or similar 7
national security facilities administered by the United States 8
government; 9
(C) Fish hatchery projects; 10
(D) Nonproject actions of a lead agency; 11
(E) Department of transportation projects of less than 12
$15,000,000; or 13
(F) Project actions that propose to develop residential housing 14
units only, such as affordable housing projects. 15
NEW SECTION. Sec. 4. A new section is added to chapter 43.21C 16
RCW to read as follows: 17
(1)(a) The obligations applicable to lead agencies under sections 18
2 and 3 of this act are in addition to and do not limit or amend the 19
obligations of covered agencies under chapter 70A.02 RCW.20
(b) A covered agency under chapter 70A.02 RCW may adopt any 21
environmental justice assessment prepared under that chapter or apply 22
other analyses or processes under that chapter to satisfy the 23
requirements of sections 2 or 3 of this act, to the extent that such 24
an environmental justice assessment and other analyses or processes 25
under that chapter are sufficient to satisfy the requirements of 26
sections 2 or 3 of this act. 27
(2) A lead agency may require a proponent of a proposed action to 28
reimburse the agency for demonstrated costs to carry out an 29
environmental justice impact statement carried out under section 3 of 30
this act. 31
Sec. 5. RCW 70A.15.2210 and 2020 c 20 s 1091 are each amended to 32
read as follows: 33
(1) The department of ecology or board of any authority may 34
require notice of the establishment of any proposed new sources 35
except single-family and duplex dwellings or de minimis new sources 36
as defined in rules adopted under subsection (11) of this section. 37
The department of ecology or board may require such notice to be 38
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accompanied by a fee and determine the amount of such fee: PROVIDED, 1
That the amount of the fee may not exceed the cost of reviewing the 2
plans, specifications, and other information and administering such 3
notice: PROVIDED FURTHER, That any such notice given or notice of 4
construction application submitted to either the board or to the 5
department of ecology shall preclude a further submittal of a 6
duplicate application to any board or to the department of ecology.7
(2) The department shall, after opportunity for public review and 8
comment, adopt rules that establish a workload-driven process for 9
determination and review of the fee covering the direct and indirect 10
costs of processing a notice of construction application and a 11
methodology for tracking revenues and expenditures. All new source 12
fees collected by the delegated local air authorities from sources 13
shall be deposited in the dedicated accounts of their respective 14
treasuries. All new source fees collected by the department from 15
sources shall be deposited in the air pollution control account.16
(3) Within thirty days of receipt of a notice of construction 17
application, the department of ecology or board may require, as a 18
condition precedent to the establishment of the new source or sources 19
covered thereby, the submission of plans, specifications, and such 20
other information as it deems necessary to determine whether the 21
proposed new source will be in accord with applicable rules and 22
regulations in force under this chapter. If on the basis of plans, 23
specifications, or other information required under this section the 24
department of ecology or board determines that the proposed new 25
source will not be in accord with this chapter or the applicable 26
ordinances, resolutions, rules, and regulations adopted under this 27
chapter, it shall issue an order denying permission to establish the 28
new source. If on the basis of plans, specifications, or other 29
information required under this section, the department of ecology or 30
board determines that the proposed new source will be in accord with 31
this chapter, and the applicable rules and regulations adopted under 32
this chapter, it shall issue an order of approval for the 33
establishment of the new source or sources, which order may provide 34
such conditions as are reasonably necessary to assure the maintenance 35
of compliance with this chapter and the applicable rules and 36
regulations adopted under this chapter. Every order of approval under 37
this chapter must be reviewed prior to issuance by a professional 38
engineer or staff under the supervision of a professional engineer in 39
the employ of the department of ecology or board. 40
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(4) The determination required under subsection (3) of this 1
section shall include a determination of whether the operation of the 2
new air contaminant source at the location proposed will cause any 3
ambient air quality standard to be exceeded. 4
(5) New source review of a modification shall be limited to the 5
emission unit or units proposed to be modified and the air 6
contaminants whose emissions would increase as a result of the 7
modification. 8
(6) Nothing in this section shall be construed to authorize the 9
department of ecology or board to require the use of emission control 10
equipment or other equipment, machinery, or devices of any particular 11
type, from any particular supplier, or produced by any particular 12
manufacturer. 13
(7) Any features, machines, and devices constituting parts of or 14
called for by plans, specifications, or other information submitted 15
pursuant to subsection (1) or (3) of this section shall be maintained 16
and operate in good working order. 17
(8) The absence of an ordinance, resolution, rule, or regulation, 18
or the failure to issue an order pursuant to this section shall not 19
relieve any person from his or her obligation to comply with 20
applicable emission control requirements or with any other provision 21
of law. 22
(9) Within thirty days of receipt of a notice of construction 23
application the department of ecology or board shall either notify 24
the applicant in writing that the application is complete or notify 25
the applicant in writing of all additional information necessary to 26
complete the application. Within sixty days of receipt of a complete 27
application the department or board shall either (a) issue a final 28
decision on the application, or (b) for those projects subject to 29
public notice, initiate notice and comment on a proposed decision, 30
followed as promptly as possible by a final decision. A person 31
seeking approval to construct or modify a source that requires an 32
operating permit may elect to integrate review of the operating 33
permit application or amendment required by RCW 70A.15.2260 and the 34
notice of construction application required by this section. A notice 35
of construction application designated for integrated review shall be 36
processed in accordance with operating permit program procedures and 37
deadlines. 38
(10) A notice of construction approval required under subsection 39
(3) of this section shall include a determination that the new source 40
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will achieve best available control technology. If more stringent 1
controls are required under federal law, the notice of construction 2
shall include a determination that the new source will achieve the 3
more stringent federal requirements. Nothing in this subsection is 4
intended to diminish other state authorities under this chapter.5
(11) No person is required to submit a notice of construction or 6
receive approval for a new source that is deemed by the department of 7
ecology or board to have de minimis impact on air quality. The 8
department of ecology shall adopt and periodically update rules 9
identifying categories of de minimis new sources. The department of 10
ecology may identify de minimis new sources by category, size, or 11
emission thresholds. 12
(12)(a) Except as provided in (c) of this subsection, the 13
department of ecology or board may not issue a notice of construction 14
order of approval to any of the following types of new air 15
contaminant sources that are located in a census tract that is ranked 16
as a nine or a 10 for environmental exposures in the environmental 17
health disparities map maintained by the department of health under 18
RCW 43.70.815, as the methodology for ranking environmental exposures 19
existed as of the effective date of this section:20
(i) A major source of air pollution regulated and required to 21
obtain a permit under this chapter;22
(ii) A source regulated and required to obtain a prevention of 23
significant deterioration permit under this chapter;24
(iii) An incinerator, as defined in RCW 70A.216.010; or25
(iv) A medical waste incinerator.26
(b) By rule, the department may adopt an alternative methodology 27
for identifying the census tracts specified in (a) of this subsection 28
in the event that the department of health substantively amends the 29
methodology used to identify or rank environmental exposures under 30
RCW 43.70.815.31
(c) The provisions of this subsection (12) do not apply to:32
(i) Projects related to facilities with North American industry 33
classification system code 92811 (national security) or similar 34
national security facilities administered by the United States 35
government; or36
(ii) Clean energy projects, as that term is defined in RCW 37
43.158.010.38
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(13) For purposes of this section, "de minimis new sources" means 1
new sources with trivial levels of emissions that do not pose a 2
threat to human health or the environment. 3
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