Chapters 173-455, 173-400, and 173-50 WAC – Application Fee and Other Clarifying Updates

We propose to update three rules to support implementation of the Governor's Executive Order 25‑03, Improving Transparency and Building Efficiency in the State’s Permitting and Licensing Processes. 

The proposed amendments make changes to two air quality permits, six air quality general orders, and environmental laboratory accreditation to clarify application fee language and update out-of-date information. The total fee amounts, eligibility criteria, and requirements for these permits, general orders, and accreditations will not change as a result of this rulemaking.

The proposed rule amendments for the following air quality rules WAC 173-455-120, New source review and other air permitting fees and WAC 173-400-111, Processing notice of construction applications for sources, stationary sources, and portable sources include:

  • Clarifying the definition of "application fee.”
  • Clarifying that any fee refunds can’t exceed the amount of the application fee that was originally paid.
  • Clarifying that Ecology will not charge additional fees to recover the costs of a refund.
  • Removing outdated fee language in WAC 173-455-120.
  • Removing language about the rescinded general order of approval for dairy anaerobic digesters in WAC 173-455-120.

The proposed amendment to WAC 173-50-190, Fee structure, which provides the fee structure for environmental laboratory accreditation program, removes language prohibiting refunds for application fees.

Rulemaking timeline

Timeline

Rule proposal phase (CR-102)

Filing date:
May 20, 2026

Rule proposal documents:

This rulemaking will include an environmental justice assessment, as required by the Healthy Environment for All Act (the HEAL Act, RCW 70A.02.060). We want to engage with communities and Tribes to hear their input and related environmental justice concerns.

Comment period

Comments are accepted May 20, 2026, at 12 a.m. – June 30, 2026, 11:59 p.m. We accept comments in the following ways:

  • Comment online.

  • Attend a public hearing online (webinar):  June 23, 2026, 2 p.m.

  • Mail to:  Katie Wolt
       Department of Ecology
       Program A
       P.O. Box 47600
       Olympia, WA  98504-7600

Public hearing

Date/Time: June 23, 2026, 2 p.m. online (webinar)

Locationonline (webinar)
    Register for the webinar to get your meeting ID and passcode.
    To hear the webinar better or to call in only, use your phone (instead of the computer) to call 253‑215‑8782.

Agenda: Presentation, question-and-answer session, followed by public hearing

Accessibility: To ask for ADA accommodation, email Katie Wolt, call 360‑407‑6831, or dial 711 (relay service).

Additional languages

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Accessibility

To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.