reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VII - PERMIT REVISIONS › Section 173-406-706 - Permit reopenings

Current through Register Vol. 24-14, July 15, 2024
(1) As provided
				in WAC 173-401-730, the permitting
				authority will reopen an acid rain permit for cause, including whenever
				additional requirements become applicable to any affected unit governed by the
				permit.
(2) In reopening an acid
				rain permit for cause, the permitting authority will issue a draft permit
				changing the provisions, or adding the requirements, for which the reopening
				was necessary. The draft permit shall be subject to the requirements of WAC
				173-406-500 and
				173-406-600.
(3) Any reopening of an acid rain permit
				shall not affect the term of the permit.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-706, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VIII - COMPLIANCE CERTIFICATION › Section 173-406-800 - Compliance certification

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-800, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VIII - COMPLIANCE CERTIFICATION › Section 173-406-801 - Annual compliance certification report

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability and deadline. For each
				calendar year in which a unit is subject to the acid rain emissions
				limitations, the designated representative of the source at which the unit is
				located shall submit to the administrator and to the permitting authority,
				within sixty days after the end of the calendar year, an annual compliance
				certification report for the unit in compliance with
				40 C.F.R.
				72.90.
(2) The submission of complete compliance
				certifications in accordance with subsection (1) of this section and  40 C.F.R.
				part 75  shall be deemed to satisfy the requirement to submit compliance
				certifications under WAC
				173-401-600 with regard to the
				acid rain portion of the source's operating permit.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-801, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VIII - COMPLIANCE CERTIFICATION › Section 173-406-802 - Units with repowering extension plans

Current through Register Vol. 24-14, July 15, 2024
(1) Design and engineering and contract
				requirements. No later than January 1, 2000, the designated representative of a
				unit governed by an approved repowering plan shall submit to the administrator
				and the permitting authority:
(a)
				Satisfactory documentation of a preliminary design and engineering
				effort.
(b) A binding letter
				agreement for the executed and binding contract (or for each in a series of
				executed and binding contracts) for the majority of the equipment to repower
				the unit using the technology conditionally approved by the administrator under
				40 C.F.R.
				72.44(d)(3).
(c) The letter agreement under (b) of this
				subsection shall be signed and dated by each party and specify:
(i) The parties to the contract;
(ii) The date each party executed the
				contract;
(iii) The unit to which
				the contract applies;
(iv) A brief
				list identifying each provision of the contract;
(v) Any dates to which the parties agree,
				including construction completion date;
(vi) The total dollar amount of the contract;
				and
(vii) A statement that a copy
				of the contract is on site at the source and will be submitted upon written
				request of the administrator or the permitting authority.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part IX - NITROGEN OXIDES › Section 173-406-900 - Nitrogen oxides emission reduction program

Current through Register Vol. 24-14, July 15, 2024
(Reserved.)
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-900, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part X - SULFUR DIOXIDE OPT-IN › Section 173-406-950 - Sulfur dioxide opt-ins

Current through Register Vol. 24-14, July 15, 2024
(Reserved.)
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-950, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Section 173-407-005 - Overview

Current through Register Vol. 24-14, July 15, 2024
(1) This rule has three
			 separate parts:
(a) Part I covers
			 CO2 mitigation in WAC
			 173-407-010
			 through
			 173-407-080.
(b) Part II covers GHG EPS in WAC
			 173-407-100
			 through
			 173-407-240.
(c) Part III covers long-term financial
			 commitments and ecology's consultation in WAC
			 173-407-300
			 through
			 173-407-320.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Section 173-407-006 - Adoption of federal rules

Current through Register Vol. 24-14, July 15, 2024
Federal rules mentioned in this rule are adopted as they exist
				on February 21, 2018.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part I - CARBON DIOXIDE MITIGATION REQUIREMENTS › Section 173-407-010 - Policy and purpose of Part I

Current through Register Vol. 24-14, July 15, 2024
(1)
				Chapter 80.70 RCW requires mitigation of CO2 emissions
				from all new and certain modified fossil-fueled thermal electric generating
				facilities with station-generating capability of more than 25 megawatts of
				electricity (MWe).
(2) A
				fossil-fueled thermal electric generating facility is not subject to the
				requirements of chapter 173-401 WAC solely due to its emissions of
				CO2.
(a) Emissions of
				other regulated air pollutants must trigger the requirements of chapter 173-401
				WAC.
(b) For a fossil-fueled
				thermal electric generating facility subject to chapter 173-401 WAC, the
				CO2 mitigation requirements are an applicable
				requirement under that regulation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part I - CARBON DIOXIDE MITIGATION REQUIREMENTS › Section 173-407-030 - Carbon dioxide mitigation program applicability for Part I

Current through Register Vol. 24-14, July 15, 2024
(1) New facility. A
				fossil-fueled thermal electric generating facility must mitigate
				CO2 emissions when the facility meets the following
				criteria:
(a) A facility submits a notice of
				construction application after July 1, 2004;
(b) The station-generating capability is
				between 25 MWe and 350 MWe; and
(c)
				The facility is not a fossil-fueled floating thermal electric generation
				facility regulated by EFSEC (100 MWe or more).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part I - CARBON DIOXIDE MITIGATION REQUIREMENTS › Section 173-407-040 - Carbon dioxide mitigation program fees under Part I

Current through Register Vol. 24-14, July 15, 2024
Fees can be found in WAC
				  173-455-050.
Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order
					 07-11), § 173-407-040, filed 6/19/08, effective 7/20/08. Statutory
					 Authority:
					 RCW
					    70.94.181, [70.94.]152,
					 [70.94.]331,[70.94.]650, [70.94.]745, [70.94.]892, [70.94.]011. 07-19-005
					 (Order 07-10), § 173-407-040, filed 9/6/07, effective 10/7/07. Statutory
					 Authority:
					 RCW
					    70.94.892 and chapter 80.70 RCW. 05-01-237
					 (Order 03-09), § 173-407-040, filed 12/22/04, effective
					 1/22/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part I - CARBON DIOXIDE MITIGATION REQUIREMENTS › Section 173-407-050 - Calculating total carbon dioxide emissions to be mitigated under Part I

Current through Register Vol. 24-14, July 15, 2024
(1) Step 1 - Calculate
				the annual CO2 emission rate. Calculate the annual
				CO2 emission rate using the following formula unless a
				differing analysis is necessary or appropriate for the electric generating
				process and type of equipment:
Click here to view
				  image
where:
CO2rate = Annual
				  CO2 emission rate in metric tons per year
F1 to Fn =
				  Maximum design fuel firing rate in MMBtu/hour calculated as manufacturer or
				  designer's guaranteed total net station generating capability in MWe/hour times
				  the new equipment heat rate in MMBtu/MWe. Determined based on higher heating
				  values of fuel
K1 to Kn = Fuel
				  to CO2 conversion factor for the fuel(s) being evaluated
				  in lb CO2/MMBtu for fuel F1 to
				  Fn
T1 to Tn =
				  Hours per year fuel F1 to Fn is
				  allowed to be used. The default is 8760 hours unless there is a limitation on
				  hours in an order of approval
Fs = Maximum design supplemental fuel
				  firing rate in MMBtu/hour, at higher heating value of the fuel
Ks = Fuel to
				  CO2 conversion factor for the supplemental fuel being
				  evaluated in lb CO2/MMBtu for fuel
				  Fs given fuel
Ts = Hours per year supplemental fuel
				  Fs is allowed. The default is 8760 hours unless there is
				  a limitation on hours in an order of approval
(a) When there are multiple new fossil-fueled
				electric generating units, the above calculation must be performed for each
				unit and the annual CO2 emission rate of all units must
				be summed.
(b) A unit or facility
				allowed to use multiple fuels must use the maximum allowed hours on the highest
				CO2 producing fuels for each fuel until the total of all
				hours per fuel add up to the allowable annual hours.
(c) A new unit or facility allowed to use
				multiple fuels without restriction in its order of approval must perform this
				calculation assuming that the fuel with the highest CO2
				emission rate is used 100 percent of the time.
(d) When the order of approval restricts the
				annual operating hours for any reason, the total of T1
				to Tn equals the annual allowable hours of operation in
				the order of approval.
(e) Fuel to
				CO2 conversion factors. For K1 to
				Kn and Ks in the formula in
				subsection (1) of this section, use the CO2 emission
				factors for fossil fuels in  40 C.F.R. Part 98, Table C-1 (in effect on the date
				in WAC 173-407-006), except that the values for nonfossil fuels must be 0.00
				lb/MMBtu.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part I - CARBON DIOXIDE MITIGATION REQUIREMENTS › Section 173-407-060 - Carbon dioxide mitigation plan requirements and options under Part I

Current through Register Vol. 24-14, July 15, 2024
(1) Mitigation plan
				requirements.
(a) The facility must mitigate
				the quantity of CO2 emissions determined by WAC
				173-407-050(4)
				or (5)    as applicable. The facility must have
				an approved CO2 mitigation plan as part of the order of
				approval.
The facility does not need to submit any mitigation plan if
				  the calculated mitigation quantity is less than or equal to zero.
(b) The facility must implement
				the mitigation plan based on the schedule in the order of approval. A facility
				may request an extension of the schedule by submitting a written request to the
				permitting authority before applicable dead-line(s). The request must propose a
				revised schedule and document why the facility needs more time to implement the
				mitigation plan.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part I - CARBON DIOXIDE MITIGATION REQUIREMENTS › Section 173-407-070 - Carbon dioxide mitigation option statement and mitigation plan approval under Part I

Current through Register Vol. 24-14, July 15, 2024
(1) The notice of
				construction application to the permitting authority must indicate the selected
				mitigation option(s).
(2)
				Applicants using payment to an independent qualified organization (a third
				party) or the permanent carbon credit option must provide the documentation to
				the permitting authority to show how the applicant will satisfy the
				requirements before the permitting authority can issue an order of
				approval.
(3) Applicants using the
				facility controlled mitigation project option must submit the entire mitigation
				plan to the permitting authority. The permitting authority will review the plan
				for consistency with the requirements of Part I of this chapter.
(4) Upon completing the review, the
				permitting authority must approve or deny the mitigation plan.
(5) An approved mitigation plan must become
				part of the order of approval.
Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order
					 07-11), § 173-407-070, filed 6/19/08, effective 7/20/08. Statutory
					 Authority:
					 RCW
					    70.94.892 and chapter 80.70 RCW. 05-01-237
					 (Order 03-09), § 173-407-070, filed 12/22/04, effective
					 1/22/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part I - CARBON DIOXIDE MITIGATION REQUIREMENTS › Section 173-407-080 - Enforcement under Part I

Current through Register Vol. 24-14, July 15, 2024
A facility violating the CO2
				  mitigation program requirements is subject to the enforcement provisions of
				  chapter 70.94 RCW.
Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order
					 07-11), § 173-407-080, filed 6/19/08, effective 7/20/08. Statutory
					 Authority:
					 RCW
					    70.94.892 and chapter 80.70 RCW. 05-01-237
					 (Order 03-09), § 173-407-080, filed 12/22/04, effective
					 1/22/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part II - GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARD AND SEQUESTRATION PLANS AND PROGRAMS › Section 173-407-100 - Policy and purpose of Part II

Current through Register Vol. 24-14, July 15, 2024
The legislature established statutory goals for the
				  statewide reduction of greenhouse gas emissions. The legislature further
				  intends by chapter 80.80 RCW to authorize immediate actions in the electric
				  power generation sector for the reduction of greenhouse gas
				  emissions.
Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order
					 07-11), § 173-407-100, filed 6/19/08, effective
					 7/20/08.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part II - GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARD AND SEQUESTRATION PLANS AND PROGRAMS › Section 173-407-120 - Greenhouse gas emissions performance standard applicability for Part II

Current through Register Vol. 24-14, July 15, 2024
(1) Starting July 1,
				2008, a baseload electric generation facility or unit or baseload electric
				cogeneration facility or unit located in Washington is subject to the GHG EPS
				each time it meets one of the following conditions:
(a) Commence commercial operation;
(b) New ownership interest;
(c) New or renewed long-term financial
				commitment; or
(d)
				Upgraded.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part II - GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARD AND SEQUESTRATION PLANS AND PROGRAMS › Section 173-407-130 - Emissions performance standard under Part II

Current through Register Vol. 24-14, July 15, 2024
(1) A baseload electric generation facility
				or unit or baseload electric cogeneration facility or unit must comply with the
				GHG EPS in subsection (2) of this section in effect at the time when the
				facility or unit triggers the applicability in WAC
				173-407-120.
(2) GHG EPS.
Table 1
GHG EPS by Time Period
GHG EPS lb GHG/MWh
First Applicable Date
Last Applicable Date
1,100
July 1, 2008
March 23, 2018
970
March 24, 2018
Determined by chapter 194-26 WAC
Chapter 194-26 WAC (Starting March 24,
						  2018)*
* Commerce reviews and, if appropriate, updates the GHG EPS
				  every five years as directed by
				  RCW
				     80.80.050.
(3) A facility may comply with the GHG EPS
				through the use of:
(a) Fuel and power plant
				design; or
(b) GHG emission control
				and sequestration methods meeting the requirements of WAC
				173-407-220
				or
				173-218-115,
				as appropriate.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part II - GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARD AND SEQUESTRATION PLANS AND PROGRAMS › Section 173-407-140 - Calculating greenhouse gas emissions and determining compliance for a baseload electric generation facility or unit under Part II

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or operator of a baseload
				electric generation facility or unit must collect the following data to
				demonstrate compliance with the GHG EPS in WAC
				173-407-130:
(a) The usage and heat content of fuels and
				fuel feed stocks that provide energy input to the baseload electric generation
				facility or unit. The facility must monitor and report these data as directed
				by WAC 173-407-160.
(b) Electrical
				output in MWh as measured and recorded per WAC 173-407-160.
(c) Regulated GHG emissions in pounds/MMBtu
				from the baseload electric generation facility or unit as monitored, reported
				and calculated in WAC 173-407-160.
(d) Adjustment for use of renewable
				resources. If the owner or operator of a baseload electric generation facility
				or unit adjusts its GHG emissions to account for the use of renewable
				resources, GHG emissions are reduced based on the ratio of the annual heat
				input from renewable resources and the annual heat input from all fuels and
				fuel feed stocks. The facility owner or operator must base this adjustment on
				records of fuel usage and representative heat contents approved by
				ecology.
(e) Adjustment for
				sequestered GHG emissions. A facility owner or operator can subtract the
				quantity of GHG emissions that are permanently sequestered through an approved
				sequestration method(s) during the calendar year from the total pounds of GHG
				emitted during that year.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part II - GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARD AND SEQUESTRATION PLANS AND PROGRAMS › Section 173-407-150 - Calculating greenhouse gas emissions and determining compliance for a baseload electric cogeneration facility or unit under Part II

Current through Register Vol. 24-14, July 15, 2024
(1) This section applies to a facility or
				unit certified to the Federal Energy Regulatory Commission under the provisions
				of  18 C.F.R. Part 292, Sub-part B as a qualifying cogeneration facility (in
				effect on the date in WAC 173-407-006).
(2) The owner or operator of a baseload
				electric cogeneration facility or unit that must demonstrate compliance with
				the GHG EPS in WAC
				173-407-130
				must collect the following data:
(a) The
				usage and heat content of fuels and fuel feed stocks that provide energy input
				to the baseload electric cogeneration facility or unit. The facility or unit
				owner or operator must monitor and report these data as directed by WAC
				173-407-160.
(b) Electrical output
				in MWh as measured and recorded per WAC 173-407-160.
(c) All useful thermal energy and useful
				energy used for nonelectrical generation uses in MMBtu must be converted to
				units of MWheq by using the conversion factor of 3.413
				million British thermal units per megawatt hour (MMBtu/MWh).
(d) Regulated GHG emissions in pounds/MMBtu
				from a baseload electric cogeneration facility or unit as monitored, reported
				and calculated in WAC 173-407-160.
(e) Adjustments for use of renewable
				resources. If the owner or operator of a baseload electric cogeneration
				facility or unit adjusts its GHG emissions to account for the use of renewable
				resources, the GHG emissions are reduced based on the ratio of the annual heat
				input from renewable resources and the annual heat input from use of all fuels
				and fuel feed stocks. The owner or operator must base this adjustment on
				records of fuel usage and representative heat contents approved by ecology.
(f) Adjustment for sequestered GHG
				emissions. An owner or operator can subtract the quantity of GHG emissions that
				are permanently sequestered through an approved sequestration method(s) during
				the calendar year from the total pounds of GHG emitted during that
				year.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part II - GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARD AND SEQUESTRATION PLANS AND PROGRAMS › Section 173-407-200 - Requirements for and timing of sequestration plan or sequestration program submittals under Part II

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or
				operator of a facility or unit that does not meet the applicable EPS in WAC
				173-407-130
				must submit a sequestration plan to ecology when they propose to begin
				sequestration after the start of commercial operation and engage in an action
				listed in (a) through (d) of this subsection:
(a) The owner or operator of a new facility
				or unit submits a notice of construction application to the permitting
				authority;
(b) The owner or
				operator of an existing facility or unit submits a notice of construction
				application to the permitting authority for an upgrade and the upgrade is not
				exempt;
(c) The owner or operator
				of a facility or unit signs a new long-term financial commitment with an
				electric utility to provide baseload power and the facility or unit does not
				comply with the GHG EPS in effect at the time the new long-term financial
				commitment occurs; or
(d) A
				qualifying new ownership interest occurs and the facility or unit does not
				comply with the GHG EPS in effect at that time.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part II - GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARD AND SEQUESTRATION PLANS AND PROGRAMS › Section 173-407-210 - Types of permanent sequestration under Part II

Current through Register Vol. 24-14, July 15, 2024
(1) Requirements for permanent geologic
				sequestration of GHG are in WAC
				173-218-115.
(2) Requirements for permanent nongeologic
				sequestration of GHG are in WAC
				173-407-220.
Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order
					 07-11), § 173-407-210, filed 6/19/08, effective
					 7/20/08.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part II - GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARD AND SEQUESTRATION PLANS AND PROGRAMS › Section 173-407-220 - Requirements for nongeologic permanent sequestration plans and sequestration programs under Part II

Current through Register Vol. 24-14, July 15, 2024
A baseload electric generation facility or unit or baseload
				  electric cogeneration facility or unit that is subject to Part II and Part III
				  of this chapter and proposes to use nongeologic sequestration of GHG to meet
				  the GHG EPS must submit a sequestration plan or sequestration program for
				  approval to ecology.
(1) A
				sequestration plan and sequestration pro-gram for nongeologic sequestration of
				GHG must include:
(a) Financial requirements.
				As a condition of plant operation, each owner or operator of a facility or unit
				must provide letters of credit sufficient to ensure successful implementation,
				closure, and post-closure activities identified in the sequestration plan or
				sequestration program.
(i) The owner or
				operator of a proposed sequestration project must establish a letter of credit
				to cover all expenses for construction and operation of necessary equipment,
				and any other significant costs. The owner or operator must revise the cost
				estimate for the sequestration project annually to include any changes in the
				project and cost changes due to inflation.
(ii) Closure and post-closure financial
				assurances. The owner or operator must establish a closure and a post-closure
				letter of credit to cover all closure and post-closure expenses, respectively.
				The owner or operator must designate ecology or EFSEC, as appropriate, as the
				beneficiary to carry out the closure and post-closure activities. The value of
				the closure and post-closure accounts must cover all costs of closure and
				post-closure care identified in the closure and post-closure plan. The owner or
				operator must revise the closure and post-closure cost estimates annually to
				include any changes in the sequestration project and cost changes due to
				inflation. The obligation to maintain the account for closure and post-closure
				care survives the termination of any permits and the cessation of injection.
				The requirement to maintain the closure and post-closure accounts is
				enforceable regardless of whether the requirement is a specific condition of
				the permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part II - GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARD AND SEQUESTRATION PLANS AND PROGRAMS › Section 173-407-230 - Emissions and electrical production monitoring, recordkeeping and reporting requirements under Part II (Recodified)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order
					 07-11), § 173-407-230, filed 6/19/08, effective
					 7/20/08.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part II - GREENHOUSE GAS EMISSIONS PERFORMANCE STANDARD AND SEQUESTRATION PLANS AND PROGRAMS › Section 173-407-240 - Enforcement of the emissions performance standard under Part II

Current through Register Vol. 24-14, July 15, 2024
Note: Ecology is the agency responsible for enforcing this
				  section.
(1) A baseload electric
				generation facility or unit or baseload electric cogeneration facility or unit
				subject to WAC
				173-407-130
				that fails to meet the applicable GHG EPS or any implementation schedules and
				requirements in a sequestration plan or program may be subject to enforcement
				using the enforcement criteria and procedures specified in chapter 70.94 RCW.
Penalties can include:
(a) Financial penalties, which may be
				assessed after a failure to meet a sequestration benchmark in the sequestration
				plan or sequestration program. Each pound of GHG above the GHG EPS will
				constitute a separate violation, as averaged on an annual basis;
(b) Revocation of the approval to construct
				the source or to operate the source.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part III - LONG-TERM FINANCIAL COMMITMENTS; ECOLOGY'S CONSULTATION WITH UTC AND CONSUMER-OWNED UTILITIES › Section 173-407-300 - Procedures for determining compliance with the emissions performance standard of a long-term financial commitment under Part II

Current through Register Vol. 24-14, July 15, 2024
(1) A baseload generation facility or unit or
				baseload cogeneration facility or unit in a long-term financial commitment must
				meet the GHG EPS in WAC
				173-407-130
				in effect at the time the parties sign the commitment.
(2) A long-term financial commitment must
				meet the following conditions to comply with the GHG EPS in WAC
				173-407-130:
(a) Electricity from unspecified sources is
				limited to 12 percent of the total electricity in a long-term financial
				commitment.
(b) Long-term financial
				commitments with the Bonneville power administration are exempt from meeting
				the GHG EPS.
(c) For a long-term
				financial commitment with multiple power plants, each specified power plant
				named in the long-term financial commitment must individually meet the GHG EPS
				in WAC
				173-407-130
				in effect on the date the parties sign the commitment. Ecology deems a power
				plant named in a long-term financial commitment with multiple power plants
				meeting the following criteria to be in compliance with the GHG EPS:
(i) A facility or unit powered exclusively by
				renewable resources;
(ii) A
				facility or unit that is designed and intended to use a renewable fuel to
				provide at least 90 percent of its total annual heat input;
(iii) A baseload electric cogeneration
				facility or unit, fueled by natural gas or waste gas or a combination of the
				two fuels, that was in operation before June 30, 2008, unless it has:
(A) Changed ownership; or
(B) Upgraded.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part III - LONG-TERM FINANCIAL COMMITMENTS; ECOLOGY'S CONSULTATION WITH UTC AND CONSUMER-OWNED UTILITIES › Section 173-407-310 - Ecology's consultation with UTC under Part II

Current through Register Vol. 24-14, July 15, 2024
(1) On request for assistance from the UTC,
				ecology must report to UTC whether baseload electric generation will comply
				with the GHG EPS for the period that the investor-owned utility contracts for
				the baseload electric generation.
(2) Ecology's consultation with UTC includes:
(a) Assist UTC to apply the conditions in WAC
				173-407-300,
				480-100-405,
				and
				480-100-415.
(b) Determine if a long-term financial
				commitment for baseload electric generation meets the GHG EPS based on the
				conditions in WAC
				173-407-300,
				173-407-140,
				173-407-150,
				and 173-407-160.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part III - LONG-TERM FINANCIAL COMMITMENTS; ECOLOGY'S CONSULTATION WITH UTC AND CONSUMER-OWNED UTILITIES › Section 173-407-320 - Ecology's consultation with consumer-owned utilities under Part II

Current through Register Vol. 24-14, July 15, 2024
(1) The governing
				boards of consumer-owned utilities may consult with ecology to determine
				whether the baseload electric generation supplied under a long-term financial
				commitment complies with the GHG EPS in WAC
				173-407-130
				in effect at the time the long-term financial commitment is signed.
(2) Ecology's assistance will be limited to
				providing technical support for the board to interpret, clarify or otherwise
				determine that the proposed long-term financial commitment for baseload
				electric generation will comply with the GHG EPS.
(3) The governing board of consumer-owned
				utilities must apply the conditions in WAC
				173-407-300,
				173-407-140,
				173-407-150,
				and 173-407-160 to verify the emissions of GHG from baseload electric
				generation.
(4) The governing board
				may request assistance from ecology in performing the analyses in subsection
				(3) of this section.
(5) Ecology
				will provide technical support within thirty days of receiving all necessary
				information unless the governing board grants additional
				time.
Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order
					 07-11), § 173-407-320, filed 6/19/08, effective
					 7/20/08.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-407 - GREENHOUSE GAS MITIGATION REQUIREMENTS AND EMISSIONS PERFORMANCE STANDARD FOR POWER PLANTS › Part III - LONG-TERM FINANCIAL COMMITMENTS; ECOLOGY'S CONSULTATION WITH UTC AND CONSUMER-OWNED UTILITIES › Section 173-407-400 - Severability

Current through Register Vol. 24-14, July 15, 2024
The provisions of this regulation are severable. If any
				  provision is held invalid, the application of that provision to other
				  circumstances and the remainder of the regulation will not be
				  affected.
Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order
					 07-11), recodified as § 173-407-400, filed 6/19/08, effective 7/20/08.
					 Statutory Authority:
					 RCW
					    70.94.892 and chapter 80.70 RCW. 05-01-237
					 (Order 03-09), § 173-407-090, filed 12/22/04, effective
					 1/22/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-010 - Policy and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology's
			 policy under chapter 70A.540 RCW is to reduce methane emissions from municipal
			 solid waste (MSW) landfills.
(2)
			 This rule establishes requirements to reduce methane emissions from both active
			 and closed MSW landfills that have received solid waste after January 1,
			 1992.
(3) These rules are informed
			 by landfill methane regulations adopted by the California Air Resources Board,
			 the Oregon Environmental Quality Commission, and the United States
			 Environmental Protection Agency.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
Except as provided in subsection (1) of this section, this
				chapter applies to all MSW landfills that received solid waste after January 1,
				1992.
(1) This chapter does not apply
			 to the following landfills:
(a) Landfills that
			 receive or received only "hazardous waste(s)" as defined in WAC
			 173-408-020;
(b) "CERCLA regulated
			 landfill" as defined in WAC 173-408-020, if it meets the criteria for exemption
			 set forth in WAC 173-408-040;
(c)
			 Landfills that receive or received only "inert waste or non-decomposable
			 waste(s)" as defined in WAC 173-408-020; or
(d) A "limited purpose landfill" as defined
			 in WAC-173-408-020.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-040 - CERCLA exemption

Current through Register Vol. 24-14, July 15, 2024
(1) CERCLA
			 exemption process: This subsection establishes the process for an owner or
			 operator of a CERCLA regulated landfill to claim an exemption from the
			 requirements of this chapter. To claim exemption from the requirements of this
			 chapter, the owner or operator of a CERCLA regulated landfill shall submit the
			 following information to the department:
(a)
			 The applicable CERCLA removal action memorandum or remedial action record of
			 decision, including any amendments;
(b) A map of the portion of the landfill that
			 has been designated as on-site for purposes of the CERCLA response action;
			 and
(c) Additional information as
			 needed to establish that the CERCLA regulated landfill meets the criteria for
			 exemption set forth in subsection (2) of this section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-050 - Request for demonstration

Current through Register Vol. 24-14, July 15, 2024
The department or local authority may request that any owner or
				operator of a MSW landfill demonstrate that the landfill does not meet the
				applicability criteria in WAC 173-408-030. Such a demonstration must be
				submitted to the department or local authority, as applicable, within 90 days
				of a written request received from the department or local
				authority.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-060 - Waste in place reporting

Current through Register Vol. 24-14, July 15, 2024
(1) Each
			 owner or operator of a MSW landfill that received solid waste after January 1,
			 1992, must submit an initial waste in place report to the department in
			 accordance with WAC 173-408-170(1).
(2) Each owner or operator of an active MSW
			 landfill having fewer than 450,000 tons of waste in place must submit an annual
			 waste in place report to the department and local authority in accordance with
			 WAC 173-408-170 (3) and (4)    until either:
(a)
			 The active MSW landfill reaches a size of greater than or equal to 450,000 tons
			 of waste in place; or
(b) The owner
			 or operator submits a closure notification under WAC 173-408-170(8).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-070 - Landfill gas heat input capacity (HIC)

Current through Register Vol. 24-14, July 15, 2024
(1) This section applies to each owner or
			 operator of:
(a) An active MSW landfill
			 having waste in place of 450,000 tons or greater; or
(b) A closed MSW landfill having waste in
			 place of 750,000 tons or greater.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-080 - Gas collection and control systems

Current through Register Vol. 24-14, July 15, 2024
(1) General requirements: Except as provided
			 by (a) of this subsection, any owner or operator of a MSW landfill that exceeds
			 the HIC threshold specified in WAC 173-408-070(4) must install a gas collection
			 and control system that meets the requirements of this section.
(a) This section does not apply if, in
			 accordance with WAC 173-408-070 (4)(b), the owner or operator has demonstrated
			 to the satisfaction of the department or local authority that after four
			 consecutive quarterly monitoring periods there is no measured concentration of
			 200 parts per million by volume or greater of methane, using the instantaneous
			 surface monitoring procedures specified in WAC 173-408-120 (3)(b).
(b) If a MSW landfill partners with a
			 "third-party owner or operator," as defined in WAC 173-408-020, to operate all
			 or a portion of the gas collection and control system or energy recovery
			 device, the owner or operator of the relevant portion of the gas collection and
			 control system or energy recovery device is the responsible party obligated to
			 comply with the requirements of this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-090 - Permanent shutdown and removal of the gas collection and control system

Current through Register Vol. 24-14, July 15, 2024
The owner or operator of a closed MSW landfill may propose to
				the department or local authority that a gas collection and control system be
				decommissioned and removed provided the following requirements are met:
(1)
(a) The
			 gas collection and control system has been in operation for at least 15 years
			 after an owner or operator has submitted a closure notification that has been
			 approved, pursuant to WAC 173-408-170(8), or the owner or operator demonstrates
			 to the satisfaction of the department or local authority that, due to declining
			 gas flow, the MSW landfill will be unable to operate the gas collection and
			 control system for a 15-year period after closure; and
(b) The landfill has had no exceedance of the
			 methane concentration limits, as determined by surface emissions monitoring
			 conducted in accordance with WAC 173-408-100(2), on three successive test
			 dates. The test dates must be no less than 90 days apart, and no more than 180
			 days apart.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-100 - Methane concentration limits

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Except as provided in WAC 173-408-080, the methane concentration limits set
			 forth in subsection (2) of this section apply to a MSW landfill subject to this
			 chapter beginning on whichever of the following dates is later:
(a) January 1, 2025;
(b) Upon commencing operation of a newly
			 installed gas collection and control system or modification of an existing gas
			 collection and control system pursuant to WAC 173-408-080; or
(c) A date established by the department to
			 accommodate significant technological improvements, which may include the
			 installation of an energy recovery device or devices, which does not exceed 24
			 months after the department adopts rules to implement this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-120 - Test methods and procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Hydrocarbon detector specifications: Any instrument used for the measurement of
			 methane must be a hydrocarbon detector or other equivalent instrument approved
			 by the department or local authority that meets the following calibration,
			 specifications, and performance criteria, as applicable:
(a) EPA Reference Method 21, Determination of
			 Volatile Organic Compound Leaks,  40 C.F.R. Part 60, Appendix A (in effect on
			 the date in WAC
			 173-400-025), which is
			 incorporated by reference herein, except as follows:
(i) "Methane" replaces all references to
			 volatile organic compounds (VOC).
(ii) The calibration gas shall be
			 methane.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-130 - Alternative compliance measures

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or operator of a MSW landfill,
			 or third-party owner or operator, may request alternatives to the compliance
			 measures, monitoring requirements, and test methods and procedures set forth in
			 WAC 173-408-080, 173-408-110, and 173-408-120. Any alternatives requested by
			 the owner or operator must be submitted in writing to the department.
(2) The criteria that the department may use
			 to evaluate alternative compliance measure requests include, but are not
			 limited to:
(a) Compliance history;
(b) Documentation containing the landfill gas
			 flow rate and measured methane concentrations for individual gas collection
			 wells or components;
(c)
			 Permits;
(d) Component testing and
			 surface monitoring results;
(e) Gas
			 collection and control system operation, maintenance, and inspection
			 records;
(f) Historical
			 meteorological data;
(g)
			 Consistency with EPA-approved test methods and procedures; and
(h) Recommendation of the local authority, if
			 applicable.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-140 - Communications and submittals format

Current through Register Vol. 24-14, July 15, 2024
Any communications, submittals, or requests required by this
				chapter must be in a format acceptable to the department or the local
				authority, as applicable.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-150 - Certification

Current through Register Vol. 24-14, July 15, 2024
Any application form, report, compliance certification, or
				other information submitted pursuant to this chapter shall contain the
				following written certifications made and signed by the person making the
				submission:
(1) "I certify under
			 penalty of perjury under the laws of the state of Washington that I am duly
			 authorized to make this submission on behalf of the party that is required to
			 provide the information contained therein pursuant to Chapter 173-408
			 WAC."
(2) "I certify under penalty
			 of perjury under the laws of the state of Washington that, based on information
			 and belief formed after reasonable inquiry, all statements and information
			 contained in the submitted document are true, accurate, and
			 complete."
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-170 - Reporting requirements

Current through Register Vol. 24-14, July 15, 2024
The owner or operator of a MSW landfill must prepare and submit
				reports as prescribed in this section. Reports required by this subsection must
				be retained in the operating record required by WAC
				173-351-200
				(10)(a).
(1) Initial waste in place report: Each owner
			 or operator of a MSW landfill that meets the requirements of WAC 173-408-060(1) must submit an initial waste in place report to the department. The report must
			 be submitted within 90 days of the effective date of this chapter and include
			 the following information:
(a) The landfill
			 information set forth in subsection (3)(b)(i) of this section.
(b) The estimated waste in place, in tons, as
			 of December 31st of the previous year.