Retail Regulatory Updates | February 2026
Dive into regulations reshaping the retail industry and discover how you can turn compliance into a competitive advantage.
This Week's Contributor
Tonya Read
Project Manager, Permitting and Compliance
APTIM | Environmental & Sustainability Solutions
Email
Tonya is a Certified Safety Professional (CSP) and Certified Industrial Hygienist (CIH) with decades of experience helping industries strengthen their environmental, health, and safety practices. She is passionate about creating safer, more sustainable workplaces across a wide range of sectors.
Spotlighting Retail Regulatory Shifts
Ongoing regulatory changes continue to impact retail businesses. Staying informed is essential for ensuring compliance, risk mitigation, and maintaining a competitive edge in a dynamic marketplace. APTIM provides expert guidance to help businesses navigate evolving regulations and develop tailored compliance strategies to remain ahead of emerging requirements.
Navigating the latest regulations doesn’t have to be complicated. With the right support, you can stay compliant, reduce risk, and keep your business moving forward. Whether you need support understanding emerging legislation or developing a proactive compliance plan, APTIM is here to help.
Hazardous Materials
- Federal EPCRA Tier II Alignment with OSHA Hazard Communication Standard (40 CFR Part 370): On November 17, 2025, the US Environmental Protection Agency (EPA) issued a Direct Final Rule (90 Fed. Reg. 51187) revising 40 CFR Part 370 to align Emergency Planning and Community Right-to-Know Act (EPCRA) hazardous chemical inventory reporting requirements with the Occupational Safety and Health Administration’s (OSHA) 2024 revisions to the Hazard Communication Standard (HCS). The amendments would update hazard categories, terminology, and Safety Data Sheet (SDS) references so that EPCRA Tier II reporting corresponds directly with OSHA’s revised hazard classification framework. The rule was scheduled to become effective January 16, 2026, unless withdrawn due to adverse comment, and would have required facilities to apply updated hazard categories beginning with calendar year (CY) 2026 reporting. Tier II reports for CY 2026 would have been due March 1, 2027.Because EPCRA Tier II requirements apply to facilities that store hazardous chemicals above regulatory reporting thresholds, retail stores, distribution centers, and data centers would need to review and update internal hazard classification processes. This would include revising SDS-based hazard category determinations for commonly stored chemicals, such as lead-acid batteries, diesel fuel, refrigerants, and cleaning products, to ensure alignment with OSHA’s 2024 HCS classifications. While the proposed alignment is intended to reduce inconsistencies between OSHA and EPCRA terminology, facilities would need to confirm that chemical inventories, SDS libraries, and reporting platforms reflect updated hazard categories prior to the applicable reporting deadline.Status Update (as of February 2026): EPA withdrew the November 17, 2025, Direct Final Rule on January 9, 2026, following receipt of adverse comments. EPA stated that it will address the comments through the parallel proposed rulemaking process. As for this update, no final effective date is in force. Facilities should monitor EPA’s rulemaking activity and prepare for potential alignment but should not revise Tier II reporting categories until a final rule is promulgated.
Enacted: 11/17/2026
Compliance: 01/16/2026 (withdrawn 1/09/2026) - Washington Hazard Communication (WISHA Adoption) (WAC 296-901-14002 through 296-901-14026): Washington amended its Hazard Communication Standard under Washington Administrative Code (WAC) 296-901-14002 through 296-901-14026 to align with OSHA revised HCS and the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS), primarily Revision 7. The amendments were filed on December 30, 2025, and became effective February 1, 2026. The revisions update definitions, hazard classification requirements, Safety Data Sheet (SDS) content standards, labeling elements, and employee training obligations to maintain consistency with federal HCS requirements.Key changes include classification of all intrinsic hazards; expanded definitions, including combustible dust and bulk shipment; revised labeling requirements for shipped containers; and updated SDS content criteria.For retail stores, distribution centers, and data centers operating in Washington, operational impacts primarily involve enhanced employer hazard communication responsibilities. Employers must ensure that workplace labels, SDS libraries, written hazard communication programs, and employee training materials reflect the revised hazard classes, definitions, and labeling elements required under WAC 296-901. Employees must receive training consistent with updated GHS-based components, including pictograms, signal words, and hazard statements. These requirements apply to common workplace chemicals such as cleaning products, refrigerants, batteries, fuels, and maintenance-related substances, ensuring compliance with Washington Department of Labor and Industries Division of Occupational Safety and Health (DOSH) standards.
Enacted: 12/30/2025
Compliance: 02/01/2026
Fire Code
- California Vegetation Management & Wildfire (Public Resources Code [PRC] §4743): California Public Resources Code (PRC) § 4743, added by Senate Bill (SB) 653, defines “environmentally sensitive vegetation management” as long-term vegetation management practices designed to reduce wildfire risk while supporting native biodiversity and ecosystem health. The statute establishes criteria that state entities must evaluate when funding vegetation management projects, including the use of integrated pest management principles; protection of native plant communities; erosion control; wildlife safeguards; pre- and post-project monitoring; and avoidance of habitat type conversion. The law became effective January 1, 2026, upon codification.PRC § 4743 has limited direct operational impact on retail stores, distribution centers, and data centers because it governs state-funded vegetation management activities rather than imposing new compliance obligations on private commercial property owners. Potential impacts may arise where facilities interface with vegetation management conducted by utilities or public agencies near facility perimeters, such as right-of-way clearing, defensible space development, or grant-funded wildfire mitigation projects in high fire risk areas. In these circumstances, organizations may experience modified coordination procedures, expanded documentation requests, or additional consultation requirements reflecting the statute’s emphasis on biodiversity-supportive and low-impact vegetation management practices.
Enacted: 01/01/2026
Compliance: 01/01/2026
Air Quality
- Colorado Motor Vehicle Emissions Inspection Program (5 CCR 1001-13, Regulation No. 11): In November 2025, the Colorado Air Quality Control Commission (AQCC) adopted revisions to Regulation No. 11 (5 CCR 1001‑13), which governs the state’s Motor Vehicle Inspection Program. The rulemaking was recorded on November 21, 2025, and became effective on January 14, 2026. Although publicly available summaries do not provide detailed amendment language, the revisions reflect the AQCC’s broader 2025 efforts to modernize emissions oversight and support statewide air quality objectives. Regulation No. 11 establishes requirements for inspection procedures, emissions limits, licensing of inspection facilities and mechanics, and standards for testing equipment and remote sensing programs.Operational impacts are limited to entities that own or operate motor vehicles subject to Colorado’s emissions inspection requirements. The regulation applies to motor vehicles rather than facilities and does not impose direct compliance obligations on retail stores, distribution centers, or data centers themselves. However, organizations that manage company-owned fleets, including delivery vehicles, logistics trucks, or service vans must ensure continued compliance with updated inspection schedules, emissions standards, and procedural requirements under the revised program.
Enacted: 11/21/25
Compliance: 01/14/2026 - Federal (California – Placer County APCD) — NSR Sanctions Deferred & Final Approval (40 CFR Part 52): The EPA issued a final rule on January 6, 2026, approving revisions to Placer County Air Pollution Control District (PCAPCD) Rule 502, which governs the New Source Review (NSR) permitting program for major stationary sources located in nonattainment areas. The revised rule primarily applies to major stationary sources of air pollution rather than typical commercial facilities. For most retail stores and distribution centers, the amendments do not create direct compliance obligations unless they operate equipment or industrial processes that exceed major-source NSR applicability thresholds. These facility types generally do not emit pollutants at levels that trigger major-source permitting requirements.However, if a distribution center installs large combustion equipment, such as industrial boilers or emergency generators, that meets major-source thresholds, the facility would be subject to the updated PCAPCD NSR requirements, including emissions offset and compliance with Lowest Achievable Emission Rate (LAER) standards.For data centers, the revisions may be more significant. Many data centers operate multiple high‑capacity backup diesel generators that, when considered collectively, may approach major-source thresholds, particularly in ozone or particulate matter nonattainment areas. If a data center in Placer County expands generator capacity or modifies equipment in a manner that triggers major-source NSR applicability, the facility must comply with the updated Rule 502 requirements. These obligations include more rigorous preconstruction permitting, emissions control analyses, and offset requirements under EPA’s approved NSR applicability early in the planning and design process.
Enacted: 01/06/2026
Compliance: 02/05/2026 - Ohio —RCRA Subpart CC Hazardous Waste Air Emission Standards (OAC 3745-256-86 and OAC 3745-256-87): Ohio adopted updated Resource Conservation and Recovery Act (RCRA) Subpart CC hazardous waste air emission standards for containers, tanks, and surface impoundments through Ohio Administrative Code (OAC) 3745‑205‑86 and 3745‑256‑87, effective January 16, 2026. These provisions clarify definitions and compliance requirements for Container level 1, level 2, and level 3 controls; establish allowable opening times; and specify inspection, repair, and recordkeeping standards. The revisions also reference applicable testing protocols and US Department of Transportation container standards. The amendments align Ohio’s regulations with the federal RCRA Subpart CC organic air emission standards, which apply to hazardous waste units containing volatile organic compounds above established regulatory thresholds.Operational impacts for retail stores are generally limited, as most locations do not accumulate hazardous waste in large containers. Facilities that manage only universal waste, such as batteries or lamps, are not significantly affected. However, retail locations generating containerized hazardous waste, including solvents or maintenance-related chemicals, must ensure that container closure devices, covers, and documentation comply with updated control standards.Retail distribution centers may experience greater impact if they manage larger volumes of containerized hazardous waste. These facilities must verify that containers meet applicable level 1, level 2, or level 3 control requirements, maintain closure integrity; limit opening durations; and implement updated inspection and repair procedures. Data centers typically generate minimal hazardous waste; however, facilities conducting maintenance activities involving solvents or other regulated chemicals must ensure that any hazardous waste containers comply with the same closure, inspection, and air emission control requirements. Overall, compliance obligations primarily affect facilities managing containerized hazardous waste with volatile organic content.
Enacted: 01/16/2026
Compliance: 01/16/2026 - Ohio — Ignitable Spent Refrigerants (OAC 3745-266-600 and OAC 3745-266-601): Ohio established a new regulatory framework governing ignitable spent refrigerants that are recycled for reuse through Ohio Administrative Code (OAC) 3745‑266‑600 and 3745‑266‑601, effective January 16, 2026. These provisions apply to “lower flammability spent refrigerants” defined as ignitable refrigerants that are not classified as highly flammable, excluding propane, isobutane, and other Class 3 refrigerants. The rules are intended to reduce air emissions to the lowest achievable level by promoting proper recovery, handling, and recycling practices during appliance servicing, repair, and disposal. Ohio’s standards align with the EPA’s 40 CFR Part 266, Subpart Q, which similarly regulate ignitable spent refrigerants recycled for reuse.Retail stores and distribution centers operating refrigeration systems, including walk‑in freezers, refrigerated display cases, and cold storage units, must ensure that refrigerant recovery, storage, and recycling practices comply with updated definitions, applicability criteria, and recycling-for-reuse standards. Facilities should verify that service vendors properly classify refrigerants as lower flammability spent refrigerants, implement required procedures, and avoid improper disposal practices.Data centers, which rely extensively on cooling infrastructure such as computer room air conditioning (CRAC) computer room air handling (CRAH) units, chillers, and direct expansion equipment, must also ensure compliance. Although many data centers utilize lower flammability refrigerants, any ignitable spent refrigerant removed during maintenance activities must be managed in accordance with the new requirements. This may necessitate updated vendor oversight, revised contractual expectations, enhanced recordkeeping, and confirmation of compliant recycling pathways.
Enacted: 01/16/2026
Compliance: 01/16/2026 - Washington — Clean Vehicles (Low-NOx) & Clean Fuel Standard Updates (WSR 25-21-084 and WSR 25-21-106): Washington adopted significant regulatory updates under Washington State Register (WSR) 25‑21‑084 and WSR 25-21-106, strengthening medium- and heavy-duty vehicle emission standards and expanding the state’s Clean Fuel Standard credit framework. Filed in October 2025 and effective in November 2025, the amendments incorporate California-aligned Advanced Clean Trucks (ACT) requirements and Heavy-Duty Low Nox Omnibus standards, which require manufactures to increase sales of zero-emission medium- and heavy-duty vehicles through model year 2035 and implement more stringent nitrogen oxides (NOx) emission limits beginning with model year 2026 engines.The clean Fuel Standard amendments streamline compliance pathways, authorize credit trading, and expand credit-generation opportunities for low-carbon fuel producers. New provisions address biomethane, renewable electricity, and alternative jet fuel, while enhancing reporting and verification requirements.Operational impacts for retail stores, distribution centers, and data centers arise primarily through transportation and fleet activities. Retail and distribution center fleets operating in Washington must plan for increasing zero-emission vehicle (ZED) adoption within defined regulatory timelines and comply with cleaner fuel standards and associated reporting obligations. Organizations with significant freight movement, including those supporting data center operations, may benefit from expanded clean fuel credit markets and infrastructure incentives; however facilities should evaluate fleet turnover schedules, charging or fueling capacity, and long-term compliance cost. Although certain enforcement actions have been subject to temporary pauses due to ongoing litigation, the state has indicted its intent to resume full implementation, with key compliance milestones expected to proceed no later than June 2026.
Enacted: 10/16/2025
Compliance: 06/30/2026
Pressure Vessels
- Colorado — Boilers & Pressure Vessels (7 CCR 1101-5):Colorado’s Division of Oil and Public Safety (OPS) finalized revisions to 7 Code of Colorado Regulations (CCR) 1101-5, Boiler and Pressure Vessel Regulations, adopted November 7, 2025, and effective January 1, 2026. The Colorado Secretary of State published the final rule in the December 10, 2025 Colorado Register, completing the December 2025 rulemaking cycle. The amendments update code citations; clarify and expand definitions; revise installation and replacement requirements for boilers and water heaters; reorganize section headings; and update accident reporting and investigation procedures. The stated purpose of the revisions is to modernize construction, installation, inspection, maintenance, and repair standards; align state requirements with nationally recognized codes; and clarify responsibilities of owners, users, installers, and inspectors.Retail stores, distribution centers, and data centers that operate boilers, pressure vessels, or hot water systems for heating or facility operations must ensure that installation, inspection, maintenance, and documentation practices comply with the revised requirements. Facilities should verify that contractors and service providers adhere to updated code references and certification standards under OPS oversight. Clarified installation and replacement provisions support improved vendor compliance verification and may reduce liability exposure during inspections or incident investigations.Updated accident reporting provisions require facility managers to confirm that internal reporting and response procedures align with revised state requirements. While routine operational impacts may be limited for facilities with smaller heating systems, sites operating larger boilers, more common in distribution centers and data centers, should review contractor qualifications, inspection frequencies, maintenance programs, and recordkeeping practices to ensure continued compliance after January 1, 2026.
Enacted: 12/12/2025
Compliance: 01/01/2026
Hazardous Waste, Universal Waste & E-Waste
- Ohio — RCRA Subpart CC Hazardous Waste Air Emission Standards (OAC 3745-256-86 and 3745-256-87): Ohio adopted updated Resource Conservation and Recovery Act (RCRA) Subpart CC hazardous waste air emission standards for containers, tanks, and surface impoundments through Ohio Administrative Code (OAC) 3745-256-86 and 3745-256-87, effective January 16, 2026. These provisions clarify definitions and compliance requirements for Container level 1, level 2, and level 3 emission controls; establish allowable container opening times; and specify inspection, repair, and recordkeeping practices. The rules also reference applicable testing procedures and US Department of Transportation (DOT) container standards. The amendments align Ohio’s program with the federal RCRA Subpart CC organic air emission standards, which apply to hazardous waste management units containing volatile organic compounds above regulatory thresholds.Operational impacts for retail stores are generally limited because most locations do not accumulate hazardous waste in large containers. Facilities managing only universal waste, such as batteries or lamps, are not significantly affected. However, retail locations generating containerized hazardous waste, including maintenance-related solvents, must ensure that container closure methods, covers, and associated documentation comply with the updated standards.Retail distribution centers may experience greater impact if they manage larger volumes of containerized hazardous waste. These facilities must verify that containers meet applicable level 1, level 2, or level 3 control requirements; maintain closure integrity; limit opening durations; and implement updated inspection and repair procedures. Data centers typically generate minimal hazardous waste; however, facilities conducting maintenance activities involving solvents or other regulated chemicals must ensure that hazardous waste containers comply with the same closure, inspection, and air emission control requirements. Overall, compliance obligations primarily affect facilities managing containerized hazardous waste with volatile organic content.
Enacted: 01/16/2026
Compliance: 01/16/2026 - Ohio — Manifests and Generator Standards (OAC 3745‑52, 54, 65, and OAC 3745‑270‑01): Ohio updated multiple hazardous waste regulations across Ohio Administrative Code (OAC) Chapters 3745-52, 3745-54, 3745-65, and 3745-270-01, with amendments effective January 16, 2026, as reflected in the Ohio Environmental Protection Agency (Ohio EPA) Division of Environmental Response and Revitalization (DERR) effective rules listing. The revisions address generator requirements, hazardous waste manifest use, accumulation standards, land disposal restrictions (LDRs), and related universal waste provisions. The amendments align Ohio’s program with federal Resource Conservation and Recovery Act (RCRA) consistency requirements and incorporate updated cross-references and clarifications to generator category definitions, including Very Small Quantity Generators (VSQGs) and Small Quantity Generators (SQGs).For VSQGs, revisions to OAC 3745-52-14 require facilities to verify continued eligibility for exemption and ensure internal documentation and waste management procedures reflect updated regulatory language. SQGs must review amended provisions under OAC 3745-52-16 governing accumulation time limits, labeling requirements, and container management standards.Universal waste handlers, including retail pharmacies, home improvement stores, distribution centers, and data centers managing batteries, lamps, or similar waste streams, should confirm that updated references within OAC Chapter 3745-270 (LDR requirements) and OAC Chapter 3745-273 (Universal Waste Rule) are properly integrated into manifesting procedures, shipping practices, and record retention systems. Facilities should evaluate vendor compliance practices, verify shipment documentation accuracy, and ensure retention of compliant manifests and related records for applicable hazardous and universal waste streams.
Enacted: 01/06/2026
Compliance: 01/16/2026
Solid Waste & Recycling
- California – Covered Electronic Devices Expansion (22 CCR Chapter 11, Appendix X (c) and Section 66260.201(e)): The California Department of Toxic Substances Control (DTSC) adopted emergency regulatory amendments to Title 22, California Code of Regulations (CCR), Chapter 11, Appendix X(c), and § 66260.201(e) expanding the list of Covered Electronic Devices (CEDs) regulated under the state’s hazardous waste framework. Approved December 18, 2025, the amendments add certain display-equipped electronic devices to the regulated category, including organic light-emitting diode (OLED) laptops, tablets, desktop monitors, and televisions, as well as liquid crystal display (LCD) tablets and LCD smart displays. These additions ensure that newer, high-resolution consumer and commercial electronics are incorporated into California’s Covered Electronic Waste Recycling Program and associated hazardous waste management requirements.For retail stores, distribution centers, and data centers, the expanded CED list increases compliance obligations related to procurement, storage, handling, and end-of-life management of affected devices. Retailers must treat newly listed electronics as regulated CEDs, influencing procedures for product returns, damaged merchandise, unsold inventory, and manufacturer take-back programs. Distribution centers managing these devices should update universal waste handling procedures, enhance employee training, and adjust logistics workflows to properly segregate and manage regulated electronics,Data centers, which routinely deploy and decommission monitors, tablets, and display equipment, must ensure compliant recycling and hazardous waste management of newly covered devices. These revisions may affect asset management planning, vendor contracts, and electronic waste service agreements. Overall, the expanded CED classifications increase regulatory oversight and potential compliance exposure for organizations managing covered electronic devices within California.
Enacted: 12/18/2025
Compliance: 12/18/2025 - New York — Rechargeable Battery EPR Expansion (S73A Chapter 712 of 2025): New York enacted amendments to its Rechargeable Battery Extended Producer Responsibility (EPR) program through Senate Bill S73A (Chapter 712 of the Laws of 2025), signed into law December 19, 2025. The legislation expands the statutory definition of “rechargeable battery” to include batteries used as the primary power source for electric bicycles (e-bikes) and electric scooters (e-scooters), thereby subjecting these products to the state’s collection, recycling, and safety requirements.The law maintains core EPR obligations prohibiting manufacturers from selling rechargeable batteries in New York unless they participate in an approved collection and recycling program. The amendments also authorize municipalities with populations exceeding one million residents to enforce compliance through designated local agencies. Most provisions become enforceable 180 days after enactment, while certain requirements specific to e-bike and e-scooter batteries allow up to one year for implementation, contingent upon approval of manufacturer stewardship plans.Retailers may experience operational impacts, as stores may sell only rechargeable batteries from compliant manufacturers and must accept up to 10 used rechargeable batteries per day for collection. The law also requires appropriate signage and employee training addressing safe handling and fire risk mitigation. These obligations may necessitate updates to employee training programs, storage practices, and hazardous materials management procedures at brick-and-mortar locations.Distribution centers should evaluate reverse logistics workflows to accommodate increased volumes of returned batteries and coordinate with manufacturer-sponsored collection programs. Data centers managing rechargeable battery inventories, including backup power systems or batteries associated with on-site micromobility devices, must ensure compliant handling, storage, and return procedures consistent with expanded EPR requirements. Overall, the amendments broaden documentation, tracking, and safety management responsibilities for entities handling regulated rechargeable batteries within New York.
Enacted: 12/19/2025
Compliance: 06/17/2026 - Washington Battery Stewardship Program (WAC 173-905): Washington’s Battery Stewardship Program, codified at Washington Administrative Code (WAC) 173-905, implements the state’s 2023 battery stewardship statute by establishing a mandatory, producer-funded, statewide system for the collection and recycling of covered batteries. The Washington Department of Ecology adopted the rule December 16, 2025, with an effective date of January 16, 2026. Administrative fee payments and stewardship plan submittal requirements apply beginning on the effective date for battery stewardship organizations.The program phases in collection requirements over multiple years. Portable battery collection must commence by July 1, 2027, and medium-format battery collection by January 1, 2029. Producer labeling requirements take effect January 2028 for portable batteries and January 2030 for medium-format batteries. The rule establishes obligations for producers, stewardship organizations, and retailers, including requirements related to education and outreach, battery marking, stewardship plan development, reporting, and fee administration under the extended producer responsibility (EPR) framework.Retailers must prepare to comply with WAC 173-905-200, which defines retailer responsibilities, including selling only covered batteries from compliant producers and participating in approved stewardship plan implementation activities. Retail locations may be incorporated into battery collection networks following stewardship plan approval, which may require updates to in-store logistics, safe handling procedures, and employee training.Distribution centers should anticipate adjustments to reverse logistics workflows as covered batteries transition to designated recycling channels and as restrictions apply to distribution of noncompliant brands. Data centers, which frequently manage backup, portable, and specialty batteries, must ensure procurement aligns with compliant producers and that end-of-life battery management practices reflect stewardship program requirements as phased collection obligations take effect in 2027 and 2029. Overall, the rule establishes a multi-year compliance framework requiring coordinated operational, supply chain, and training updates across affected facilities.
Enacted: 12/16/2025
Compliance: Administrative fees effective January 16,2026; portable battery collection by July 1, 2027; medium-format battery collection by January 1, 2029.
Transportation/Fleet
- Colorado — Motor Vehicle Emissions Inspection Program (5 CCR 1001‑13, Regulation No. 11 [AQCC]): In November 2025, the Colorado Air Quality Control Commission (AQCC) adopted revisions to Regulation No. 11 (5 Code of Colorado Regulations [CCR] 1001-13), governing the Motor Vehicle Emissions Inspection Program. The rulemaking was recorded November 21, 2025, with an effective date of January 14, 2026. Although publicly available summaries do not detail specific amendment language, the revisions reflect broader 2025 AQCC initiatives to modernize vehicle emissions oversight and support statewide air quality objectives. Regulation No. 11 establishes requirements for inspection procedures, emissions limits, licensing of inspection facilities and mechanics, and standards for testing equipment and remote sensing programs. Operational impacts for retail stores, distribution centers, and data centers arise only where organizations own or operate motor vehicles subject to Colorado’s emissions inspection requirements. The regulation applies to vehicles rather than facilities and does not impose direct compliance obligations on buildings or stationary operations. However, organizations managing company-owned delivery fleets, logistics vehicles, or service vans must ensure compliance with updated inspection schedules, emissions thresholds, and procedural requirements under the revised program. Fleet operators should verify that all covered vehicles continue to meet emissions testing standards consistent with the updated regulatory framework.
Enacted: 11/21/2025
Compliance: 01/14/2026 - Washington — Clean Vehicles (Low‑NOx) & Clean Fuel Standard Updates (WSR 25‑21‑084 and WSR 25‑21‑106): Washington adopted regulatory amendments under Washington State Register (WSR) 25-21-084 and WSR 25-21-106 strengthening medium- and heavy-duty vehicle emission standards and expanding the state’s Clean Fuel Standard credit framework. Filed in October 2025 and effective in mid-November 2025, the updates incorporate California-aligned Advanced Clean Trucks (ACT) requirements and Heavy-Duty Low NOx Omnibus standards, requiring manufacturers to increase sales of zero-emission medium- and heavy-duty vehicles through model year 2035 and implement more stringent nitrogen oxides (NOx) emission limits beginning with model year 2026 engines.The Clean Fuel Standard amendments streamline compliance pathways, authorize credit trading, and expand credit-generation opportunities for low-carbon fuel producers. New provisions address biomethane, renewable electricity, and alternative jet fuel production, while enhancing reporting and verification requirements.Operational impacts for retail stores, distribution centers, and data centers primarily arise through transportation and fleet activities. Retail and distribution fleets operating in Washington must plan for progressive zero-emission vehicle (ZEV) procurement timelines and comply with updated fuel standards and associated emissions reporting obligations. Organizations with significant freight activity, including those supporting data center operations, may benefit from expanded clean fuel credit markets and infrastructure incentives; however, facilities should evaluate fleet turnover schedules, charging or fueling infrastructure capacity, and long-term compliance costs. Although certain enforcement elements have been subject to temporary pauses due to ongoing litigation, the state has indicated its intent to resume full implementation, with key compliance milestones expected to proceed no later than June 2026.
Enacted: 10/16/2025
Compliance: 06/30/2026
Need Help with Compliance?
Contact RegulatoryReview@APTIM.com to learn how our team of experts can guide your business through existing requirements and prepare you for what’s next.
Published January 2026
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