Washington Business Fall 2016 | Legislative Review | Page 21

issue area reports | environment

Environment
Brandon Houskeeper: Climate Change, Energy, Chemical and Solid Waste Management and Water Quality
Michael Ennis: Air Quality, Land Use/Construction and Water Resources

Often we work through any given legislative session balancing our time between tracking and working on legislation, but also
working with state regulatory agencies on a variety of rulemaking proposals. In 2016, this was especially true. While we still had
a full suite of environmental policy bills to track, there were a couple of significant rule efforts unfolding at the same time. At
least two of these rules are worth mentioning, given the direct influence from the governor on these rules.
Over the past five years, AWB and our members have been embroiled in an update to our state’s water quality standards — also known
as the fish consumption rule. During this time, we have been at various stakeholder tables, conducted technology feasibility studies,
provided feedback and analysis on draft-rule proposals and more. In 2014, Gov. Jay Inslee issued a rule that was somewhat favorable
to the regulated community, only to later withdraw that rule
in favor of a more stringent rule proposal. In the meantime,
the Environmental Protection Agency (EPA) started a process
to promulgate the rule (take over for the state) because of
pressures from environmental organizations and the tribal
community to intervene. During the 2016 session, AWB
members worked to develop final public comments on the
state’s rule. By the end of 2016, EPA will have reviewed the
state’s rule package, which is likely to be litigated. Despite this
long process there is still great regulatory uncertainty for the
employer community.
In the meantime, Gov. Inslee directed the Department of Ecology
to develop a carbon cap rule that would regulate greenhouse
gas emissions in Washington, side-stepping the legislative
process altogether. In early January, the Department of Ecology
issued a proposed rule that would regulate electricity utilities,
natural gas providers, petroleum producers and distributors,
as well as manufacturers that emit more than a certain level
of emissions. In 2015, the governor introduced legislation that
would have effectively done the same, bu