Rulemaking Alert: Plan to Reduce Emissions in Overburdened Communities under Washington’s Climate Commitment Act
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 air pollution.1 The State’s 2021 Climate Commitment Act (CCA) 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.
Rulemaking Required by Environmental Justice Provision in the Climate Commitment Act
The CCA aims to reduce state greenhouse gas (GHG) emissions using a cap-and-trade system. In addition to the law’s GHG objective, the CCA also aims to reduce “criteria” air pollutants in overburdened communities.2 Sixteen overburdened communities identified by Ecology are listed in the rulemaking announcement.3
At the end of 2023, Ecology issued a report, Improving Air Quality in Overburdened Communities Highly Impacted by Air Pollution, that summarized Ecology’s work to date. The report offered limited substantive perspective on potential regulatory strategies for reducing emissions in the listed communities. Instead, the report focused on future agency processes, stating that further monitoring, intergovernmental coordination, and public engagement were needed to confirm emissions sources and identify tools for reducing emissions in specific communities.
As a complementary action, Ecology developed a grant program intended to identify and implement projects to reduce emissions and mitigate impacts. Eligible recipients are limited to community-based organizations, municipalities, and tribes. Potential projects range, for example, from replacing wood stoves and petroleum-fueled power equipment with lower emission alternatives to developing zero-emissions transportation plans and infrastructure.
Current Rulemaking Timeline and Opportunities to Participate
Ecology intends to propose rule language, hold at least one public hearing, and take public comments in early 2025. Ecology expects to adopt the rule in mid-2026. However, in the coming months, Ecology will hold stakeholder meetings and develop proposed rule language.
Potentially affected entities operating in or near any of the sixteen overburdened communities can join Ecology’s email list for regular updates about this rulemaking, including planned stakeholder meetings and opportunities to provide input on initial draft rule language.
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1 Criteria air pollutants are those for which there is “National Ambient Air Quality Standard at 40 C.F.R. Part 50. The criteria pollutants are carbon monoxide (CO), particulate matter, ozone (O3) sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).” WAC 173-400-030(22).
2 RCW 70A.65.020.
3 Ecology identified sixteen overburdened communities: Ellensburg, Everett, George & West Grant County, South King County, Mattawa, Moxee Valley, Northeast Puyallup, North Seattle and Shoreline, South Seattle, Spokane and Spokane Valley, South and East Tacoma, Tri-Cities to Wallula, Vancouver, Wenatchee and East Wenatchee, East Yakima, and Lower Yakima Valley. These communities are profiled in a March 2023 Community Summary Report: Improving Air Quality in Overburdened Communities Initiative. Ecology supported its finding of sixteen overburdened communities in a March 2023 Technical Support Document: Identifying Overburdened Communities Highly Impacted by Air Pollution. The list does not include tribal communities, which Ecology indicated may be included in future lists of overburdened communities.
