Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › ALLOWANCE BUDGETS AND DISTRIBUTION OF ALLOWANCES › Section 173-446-220 - Distribution of allowances to emissions-intensive and trade-exposed facilities

Current through Register Vol. 24-14, July 15, 2024
(1)
Allocation
				baselines for EITE facilities.
Ecology will use the following data
				sources, methods, and criteria to review and approve allocation baselines
				submitted by EITE facilities.
(a) Owners or
				operators of any EITE facility who wish to be allocated no cost allowances must
				submit their proposed allocation baseline with the following supporting
				information that facilitates ecology's review to ecology electronically in a
				format specified by ecology. The information must include all emissions years
				beginning with 2015 and ending with the most recent emissions year. Owners or
				operators requesting no cost allowances for emissions year 2023 must submit the
				information by September 15, 2022. Owners or operators requesting no cost
				allowances beginning with emissions years after 2023 must submit the
				information concurrent with their petition as established in WAC
				173-446A-040(1) or March 31st of the emissions year for which they request no cost allowances,
				whichever is earlier.
(i) The reported GHG
				emissions under chapter 173-441 WAC, including fuel use as specified in WAC
				173-441-050(3)(m),
				and covered emissions under WAC 173-446-040 for the facility which serves as
				the facility's amount of carbon dioxide equivalent emissions.
(ii) The facility specific measure of
				production, which is all applicable total annual facility product data, units
				of production, specific product, and supporting data described in WAC
				173-441-050(3)(n).
				If multiple product data metrics are listed for the facility in Table 050-1 in
				chapter 173-441 WAC, the same product data metric must be used for all
				calculations, including annual GHG reports. A facility reporting a primary
				North American industry classification system (NAICS) code of 324110 must use
				the sum of barrels of crude oil and intermediate products received from off
				site that are processed at the facility as the product data metric.
(iii) The EITE facility's primary NAICS code
				as reported under WAC
				173-441-050(3)(i),
				or other information demonstrating the facility is classified as
				emissions-intensive and trade-exposed under chapter 173-446A WAC.
(iv) The EITE facility's proposed allocation
				baseline, including:
(A) A carbon intensity
				baseline calculated by dividing the 2015 through 2019 average of covered
				emissions from (a)(i) of this subsection by the 2015 through 2019 average of
				total annual product data from (a)(ii) of this subsection.
(B) Optionally, if requesting alternate years
				for the carbon intensity baseline average, the owner or operator may also
				include a separate calculation that uses averages for the requested years and
				the method from (a)(iv)(A) of this subsection.
Any owner or operator of an EITE facility requesting the use
				  of alternate years for their carbon intensity baseline average must submit
				  information supporting that there were abnormal periods of operation that
				  materially impacted the facility during one or more years in the normal
				  baseline period of 2015 through 2019. The owner or operator must also submit
				  information supporting the claim that the proposed alternate years are
				  reflective of normal operation. A minimum of three full years and a maximum of
				  five full years must be used in the baseline average. At least three years used
				  in the baseline average must be consecutive. If an owner or operator requests
				  to include an emissions year prior to 2015 in the facility's allocation
				  baseline, the submission must include all information for that year. An
				  emissions year prior to 2012 is not eligible for use as an alternate
				  year.
(C) Any owner or
				operator of an EITE facility may also submit a mass-based baseline. An owner or
				operator requesting a mass-based baseline must submit information supporting
				the claim that the owner or operator is not able to feasibly determine a carbon
				intensity baseline based on unique circumstances of the facility. The
				mass-based baseline is calculated as the 2015 through 2019 average covered
				emissions from (a)(i) of this subsection. If requesting alternate years for the
				facility's baseline average, the owner or operator may also include a separate
				calculation that uses averages for the requested years.