Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446A › Section 173-446A-040 - Process to determine emissions-intensive and trade-exposed classification

Current through Register Vol. 24-14, July 15, 2024
An owner or operator of a manufacturing facility that is not
				classified as emissions-intensive and trade-exposed according to WAC
				173-446A-030 may petition the department to be classified as
				emissions-intensive and trade-exposed by following the process described in
				this section. An owner or operator may submit a petition and the department may
				issue a determination before emissions year 2027, and use that determination
				for allowance allocations for the second compliance period, but no
				determination under this section is effective for the owner or operator of that
				facility until emissions year 2027. The following requirements apply to the
				submission, review, and approval or denial of a petition:
(1)
Petition submittal.
An owner
			 or operator must submit a petition, electronically in a format specified by the
			 department, that meets the following conditions before the department may
			 review the petition and issue a determination.
(a) An owner or operator must submit a
			 complete petition no later than 180 calendar days prior to January 1st of the
			 first emissions year the owner or operator wishes the facility to be classified
			 as emissions-intensive and trade-exposed.
(b) The petition must include sufficient
			 information, as described in (c) of this subsection, for the department to
			 determine whether the petitioner meets the criteria for classification as
			 emissions-intensive and trade-exposed. The department will notify the owner or
			 operator within 30 calendar days of receipt of a petition of any additional
			 information the department requires to review the petition. A facility is not
			 classified as emissions-intensive and trade-exposed until the petition is
			 approved by the department.
(c) The
			 petition must include, at a minimum, the following information:
(i) The name, address, email address,
			 telephone number, and facsimile transmission number (if any) of the person
			 submitting the petition;
(ii)
			 Identifying information as specified in WAC
			 173-441-050(3)(a),
			 (c), (i), and (j)    of the facility that the
			 owner or operator is petitioning to be classified as emissions-intensive and
			 trade-exposed;
(iii) Annual total
			 production data for each primary product manufactured by the facility. The
			 annual total quantity of each primary product manufactured at the facility as
			 well as the quantity exported outside of Washington state for the five years
			 immediately preceding the petition submission date must be submitted. If the
			 facility has been operational for fewer than five years, submit annual total
			 production data for each product since the facility has been
			 operational;
(iv) The facility's
			 annual on-site GHG emissions data. Annual on-site GHG emissions data for the
			 five years immediately preceding the petition submission date as reported per
			 WAC
			 173-441-120
			 must be submitted. If the facility has been operational for fewer than five
			 years, submit annual on-site GHG emissions data as reported per WAC
			 173-441-120
			 since the facility has been operational;
(v) The location of the facility relative to
			 overburdened communities. Using the Washington state department of health's
			 environmental health disparities map, submit the total environmental health
			 disparities ranking for the census tract in which the facility is located.
			 Indication if the census tract in which the facility is located is covered or
			 partially covered by tribal lands must also be submitted;
(vi) Any other supporting data or information
			 as requested by the department; and
(vii) The signature of the person completing
			 the petition and the date the petition was signed.