reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-530 - Verification of GHG emission reductions and GHG removal enhancements from offset projects

Current through Register Vol. 24-14, July 15, 2024
(1) General
				requirements. An offset project operator or authorized project designee must
				obtain the services of an ecology-accredited verification body for the purposes
				of verifying its offset project data reports.
(2) Schedule for verification of
				nonsequestration offset projects.
(a) The
				verification of GHG emission reductions for nonsequestration offset projects
				that achieve greater than or equal to 25,000 metric tons of GHG emission
				reductions must be performed on a reporting period basis and cover the
				reporting period for which the most recent offset project data report was
				submitted unless otherwise specified in the applicable compliance offset
				protocol.
(b) For reporting periods
				in which an offset project data report for a nonsequestration offset project
				shows that the offset project achieved fewer than 25,000 metric tons of GHG
				emission reductions in a reporting period, the offset project operator or
				authorized project designee may choose to perform verification that covers two
				consecutive reporting periods, even if the offset project produced greater than
				or equal to 25,000 metric tons of GHG emission reductions for the subsequent
				reporting period.
(c) If an offset
				project data report shows the offset project achieved zero GHG emission
				reductions, the offset project operator or authorized project designee may
				defer verification until the offset project produces an offset project data
				report that no longer shows the offset project achieved zero GHG emission
				reductions.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-535 - Requirements for offset verification services

Current through Register Vol. 24-14, July 15, 2024
(1) Rotation of
				verification bodies. An offset project shall have no more than any six out of
				nine consecutive reporting periods verified by the same verification body or
				offset verification team member(s), unless otherwise specified. The rotation
				requirements in this section are applied between the offset project operator,
				the authorized project designee, if applicable, any technical consultant(s)
				used by the offset project operator or authorized project designee, if
				applicable, and the verification body and offset verification team member(s) on
				an offset project basis.
(2) Ozone
				depleting substances offset projects.
(a)
				Neither a verification body nor an offset verification team member may conduct
				offset verification services for more than any six out of nine consecutive
				offset projects developed by the following:
(i) Any given offset project
				operator;
(ii) Any authorized
				project designee on behalf of such an offset project operator; or
(iii) Any technical consultant(s) used by the
				offset project operator or its authorized project designee(s).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-540 - Offset verifier and verification body accreditation

Current through Register Vol. 24-14, July 15, 2024
Accreditation of offset verification bodies and offset
				  verifiers for the purpose of verifying offset project data reports under WAC
				  173-446-535 must be achieved separately from accreditation for the purpose of
				  verifying reports submitted under chapter 173-441 WAC.
(1) An offset verifier or verification body
				must meet the following accreditation requirements to provide offset
				verification services to verify GHG emission reductions and GHG removal
				enhancements for offset projects listed pursuant to this chapter:
(a) Registration as a third-party verifier
				with ecology. Registration is required for both the offset verification body
				and all individuals performing verification services for the verification
				body.
(b) Demonstration to
				ecology's satisfaction that the offset verification body has sufficient
				knowledge of the relevant methods and protocols in this chapter. Certification
				may be limited to certain types or sources of emissions.
(c) Active accreditation or recognition as a
				third-party verifier under California ARB's offset verification program or
				another offset verification standard approved by ecology.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-545 - Conflict of interest requirements for verification bodies and offset verifiers for verification of offset project data reports

Current through Register Vol. 24-14, July 15, 2024
(1) The conflict of
				interest provisions of this section shall apply to verification bodies, lead
				verifiers, and offset verifiers accredited by ecology to perform offset
				verification services for offset project operators, and authorized project
				designees, if applicable, as well as any other member(s) of the offset
				verification team and any technical expert(s) used by the offset project
				operator or authorized project designee, if applicable.
(a) "Member," for the purposes of this
				section, means any officer, employee, contractor, or subcontractor of the
				verification body or related parties of the verification body. "Member" also
				includes any individual who has a majority equity share in the verification
				body or its related parties.
(b)
				"Related party," for the purposes of this section, means any direct parent
				company, direct subsidiary, or sister company.
(c) "Nonoffset verification services," for
				purposes of this section, do not include independent, third-party certification
				or verification services which have been provided for ecology or any other
				voluntary or mandatory program; such certification and verification services
				may be counted as offset verification services for the purposes of this
				section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-550 - Issuance of registry offset credits

Current through Register Vol. 24-14, July 15, 2024
(1) One registry offset
				credit, which represents one metric ton of CO2e for a
				direct GHG emission reduction or direct GHG removal enhancement, will be issued
				pursuant to this section only if:
(a) An
				offset project registry has listed the offset project;
(b) The GHG emission reductions or GHG
				removal enhancements were issued a positive offset or qualified positive offset
				verification statement; and
(c) An
				offset project registry has received a positive offset or qualified positive
				offset verification statement issued and attested to by an ecology-accredited
				verification body for the offset project data report for which registry offset
				credits would be issued.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-555 - Issuance of ecology offset credits

Current through Register Vol. 24-14, July 15, 2024
(1) One ecology offset
				credit, which represents one metric ton of CO2e for a
				direct GHG emission reduction or direct GHG removal enhancement, will be issued
				only for a GHG emission reduction or GHG removal enhancement that occurs during
				a reporting period. One ecology offset credit will be issued for each metric
				ton of CO2e only if:
(a) Ecology or an offset project registry has
				listed the offset project;
(b) The
				GHG emission reductions and GHG removal enhancements were issued a positive
				offset or qualified positive offset verification statement;
(c) Ecology or an offset project registry has
				received a positive offset or qualified positive offset verification statement
				issued and attested to by an ecology accredited verification body for the
				offset project data report for which registry offset credits were issued if the
				offset project was submitted for listing with an offset project registry, or
				for which ecology offset credits would be issued; and
(d) The issued ecology offset credits would
				not immediately be subject to invalidation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-565 - Registration of ecology offset credits

Current through Register Vol. 24-14, July 15, 2024
Ecology will register an ecology offset credit by:
(1) Creating a unique ecology serial number
				and assigning it to the ecology offset credit; and
(2) Transferring the ecology offset credit to
				the holding account(s) of the listed offset project operator, authorized
				project designee, or another third party as requested by the offset project
				operator or authorized project designee to receive ecology offset credits,
				unless otherwise required by a forestry offset reversal under WAC
				173-446-570.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-570 - Forestry offset reversals

Current through Register Vol. 24-14, July 15, 2024
(1) For forest
				sequestration projects, a portion of ecology offset credits issued to the
				offset project operator will be placed by ecology into the forest buffer
				account.
(a) The number of ecology offset
				credits that must be placed in the forest buffer account shall be determined as
				set forth in the applicable version of the compliance offset
				protocol.
(b) Ecology offset
				credits will be transferred to the forest buffer account by ecology at the time
				of ecology offset credit registration under WAC 173-446-565.
(c) If a forest offset project is originally
				listed by an offset project registry, an equal number of registry offset
				credits must be removed or canceled by the offset project registry, such that
				those registry offset credits are no longer available for use in transactions
				on the offset project registry system, and issued by ecology for placement in
				the forest buffer account.
(d) The
				ecology offset credits placed into the forest buffer account must correspond to
				the reporting period for which the ecology offset credits are issued.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-575 - Transferability of ecology offset credits

Current through Register Vol. 24-14, July 15, 2024
(1) An ecology offset
				credit may be sold, traded, or transferred, unless:
(a) It has been retired, used for compliance,
				or used to meet any GHG mitigation requirements in any voluntary or regulatory
				program;
(b) It resides in the
				forest buffer account; or
(c) It
				has been invalidated pursuant to WAC 173-446-580.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-585 - Approval requirements for offset project registries

Current through Register Vol. 24-14, July 15, 2024
(1) The approval
				requirements specified in this section apply to all offset project registries
				that will operate to provide offset registry services under this
				chapter.
(2) Ecology may approve
				offset project registries that meet and maintain compliance with the
				requirements specified in this section.
(a)
				Offset project registry approval application. To apply for approval as an
				offset project registry, the applicant shall submit the following information
				to ecology, in a manner specified by ecology:
(i) Name of applicant;
(ii) Name of president or chief executive
				officer;
(iii) List of all board
				members, if applicable;
(iv)
				Addresses of all offices located in the United States;
(v) Documentation that the applicant carries
				at least $5,000,000 U.S. dollars of active professional liability insurance;
				and
(vi) List of any judicial
				proceedings and administrative actions filed against the applicant within the
				previous five years, with a detailed explanation as to the nature and outcome
				of the proceedings.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-590 - Offset project registry requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The offset project
				registry shall use compliance offset protocols approved pursuant to the
				requirements of this section to determine whether an offset project may be
				listed with the offset project registry for issuance of registry offset
				credits. The offset project registry may list projects under noncompliance
				offset protocols, but must make it clear that any GHG emission reductions and
				GHG removal enhancements achieved under those protocols are not eligible to be
				issued registry offset credits or ecology offset credits.
(2) The offset project registry must make the
				following information publicly available for each offset project developed
				under a compliance offset protocol:
(a)
				Within 10 business days of the offset project listing requirements being deemed
				complete:
(i) Offset project name;
(ii) Offset project location;
(iii) Offset project operator and, if
				applicable, the authorized project designee;
(iv) Type of offset project;
(v) Name and date of the compliance offset
				protocol used by the offset project;
(vi) Date of offset project listing submittal
				and offset project;
(vii)
				Commencement date; and
(viii)
				Identification of whether the offset project is in an initial or renewed
				crediting period;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › OFFSETS › Section 173-446-595 - Direct environmental benefits in the state

Current through Register Vol. 24-14, July 15, 2024
(1) Offset projects
				that are located within the state of Washington, or that reduce or avoid GHG
				emissions that would otherwise occur within the state of Washington, are
				presumed to provide direct environmental benefits in the state.
(2) For any offset project located outside
				the state of Washington, the offset project operator or authorized project
				designee may request a determination by ecology of whether the offset project
				provides direct environmental benefits in the state.
(a) Such a determination must be based on a
				showing that the offset project or offset project type provides for either:
(i) The reduction or avoidance of emissions
				of any air pollutant that is not credited pursuant to the applicable compliance
				offset protocol in the state of Washington; or
(ii) A reduction or avoidance of any
				pollutant that is not credited pursuant to the applicable compliance offset
				protocol that could have an adverse impact on waters of the state of
				Washington.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › COMPLIANCE AND ENFORCEMENT › Section 173-446-600 - Compliance obligations

Current through Register Vol. 24-14, July 15, 2024
(1) All covered
				entities and opt-in entities must comply with all requirements for monitoring,
				reporting, participating in auctions, and holding and transferring compliance
				instruments, as well as all other provisions of this chapter. All general
				market participants must comply with all requirements for participating in
				auctions, and holding and transferring compliance instruments, as well as all
				other provisions of this chapter.
(2) Unless otherwise required by specific
				provisions of this regulation, all parties participating in the program must
				provide to ecology within 14 calendar days any additional information requested
				by ecology concerning their participation in the program.
(3) By 5:00 p.m. Pacific Time November 1st of
				2024 and each year thereafter, each covered entity and opt-in entity must have
				in its compliance account sufficient compliance instruments of former vintage
				years to cover at least 30 percent of its covered emissions for the previous
				calendar year.
(4) By 5:00 p.m.
				Pacific Time November 1st of the year following the final year of each
				compliance period, each covered entity and each opt-in entity must have
				transferred to its compliance account one compliance instrument for each metric
				ton of covered emissions of carbon dioxide equivalent emitted by that party
				during the compliance period. Except as provided in (a) and (b) of this
				subsection, allowances used for compliance under this provision must be of the
				vintage of any year of the compliance period or of any prior year.
(a) When using allowances for compliance,
				EITE facilities may provide future vintage allowances obtained as described in
				WAC 173-446-260 in the process of reconciling their compliance obligation for a
				given year with their actual production data for that year.
(b) Allowances obtained from the allowance
				price containment reserve may be used for compliance at any time.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › COMPLIANCE AND ENFORCEMENT › Section 173-446-610 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) If a covered or
				opt-in entity does not have sufficient compliance instruments in its compliance
				account to meet its compliance obligation by the compliance deadlines specified
				in WAC 173-446-600(3) and (4), it has violated its compliance obligation and
				correction is not possible. As a result of such noncompliance, the covered or
				opt-in entity must, within six months after the compliance deadline submit to
				ecology four penalty allowances for every one compliance instrument that it
				failed to have in its compliance account by the compliance deadline.
(2) When a covered entity or opt-in entity
				reasonably believes that it will be unable to meet a compliance obligation, the
				entity shall immediately notify ecology. Upon receiving notification, ecology
				will issue an order requiring the covered or opt-in entity to submit the
				penalty allowances.
(3) If a
				covered entity or opt-in entity fails to submit penalty allowances as required
				by subsection (1) of this section, ecology must issue an order or issue a
				penalty of up to $10,000 per day per violation, or both, for failure to submit
				penalty allowances as required by subsection (1) of this section. Each metric
				ton of CO2e not covered by a compliance instrument
				constitutes a separate violation. The order may include a plan and schedule for
				coming into compliance.
(4) Ecology
				may issue a penalty of up to $50,000 per day per violation if ecology
				determines that a registered entity has:
(a)
				Provided false or misleading facts;
(b) Withheld material information that could
				influence a decision by ecology;
(c) Violated any part of the auction
				rules;
(d) Violated registration
				requirements; or
(e) Violated any
				rules regarding the conduct of the auction.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › COMPLIANCE AND ENFORCEMENT › Section 173-446-620 - Contact information

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise specified, all requests, notifications, and
				  communications to ecology pursuant to this chapter, must be submitted in a
				  format as specified by ecology to either of the following:
For U.S. mail:
Climate Commitment Act Program
Air Quality Program
Department of ecology
P.O. Box 47600
Olympia, WA 98504-7600
For email: CCAmailbox@ecy.wa.gov
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › SEVERABILITY › Section 173-446-700 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of the rule or its application to any
				  covered entity or other person or party or circumstances is held invalid, the
				  remainder of the rule or application of the provision to other covered entities
				  or other persons or parties or circumstances is not affected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446A › Section 173-446A-010 - Scope

Current through Register Vol. 24-14, July 15, 2024
This rule establishes objective criteria for both emissions'
				intensity and trade exposure for the purpose of identifying emissions-intensive
				and trade-exposed facilities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446A › Section 173-446A-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
				unless the context clearly requires otherwise. If a section does not provide a
				definition, the definition found in the definitions from chapter 316, Laws of
				2021, and from chapter 173-441 WAC apply in order of precedence.
"Manufacturing facility" means a facility, as defined in WAC
				173-441-020, that
				produces a physical product as its primary activity. A manufacturing facility
				does not include electric utilities or generators, natural gas utilities, steam
				producers or distributors, or other sectors that do not manufacture a physical
				product.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446A › Section 173-446A-030 - Emissions-intensive and trade-exposed manufacturing facilities

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter apply to manufacturing
				facilities that are covered entities under chapter 316, Laws of 2021 (the
				Climate Commitment Act) regarding classification as emissions-intensive and
				trade-exposed.
(1)
Facilities
			 classified as emissions-intensive and trade-exposed.
Facilities engaged
			 in one or more of the processes described by the industry descriptions and
			 codes in the North American Industry Classification System (NAICS) in Table
			 030-1, as that code is reported under chapter 173-441 WAC, are classified as
			 emissions-intensive and trade-exposed. Use the six digit NAICS codes when
			 available in Table 030-1, otherwise use the shorter NAICS codes listed in Table
			 030-1 substituting the values in the full reported six-digit NAICS code for
			 "X".
Table 030-1: NAICS Codes and Descriptions for
				Emissions-Intensive and Trade-Exposed Industries
NAICS Code
Industry Description
331XXX
Metals manufacturing, including iron and steel making,
						  ferroalloy and primary metals manufacturing, secondary aluminum smelting and
						  alloying, aluminum sheet, plate, and foil manufacturing, and smelting,
						  refining, and alloying of other nonferrous metals
322XXX
Paper manufacturing, including pulp mills, paper mills,
						  and paperboard milling
3364XX
Aerospace product and parts manufacturing
321XXX
Wood products manufacturing
327XXX
Nonmetallic mineral manufacturing, including glass
						  container manufacturing
325XXX
Chemical manufacturing
334XXX
Computer and electronic product manufacturing,
						  including semiconductor and related device manufacturing
311XXX
Food manufacturing
327310
Cement manufacturing
324110
Petroleum refining
324121
Asphalt paving mixtures and block manufacturing from
						  refined petroleum
324122
Asphalt shingle and coating manufacturing from refined
						  petroleum
324199
All other petroleum and coal products manufacturing
						  from refined petroleum
(2)
			 Facilities with NAICS codes reported under chapter 173-441 WAC which are not
			 listed in Table 030-1 may petition the department to be classified as
			 emissions-intensive and trade-exposed according to the process in WAC
			 173-446A-040.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446A › Section 173-446A-050 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				person or circumstance is held invalid, the remainder of the chapter or the
				application of the provision to other persons or circumstances is not
				affected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-450 - Establishing requirements for the receipt of financial aid › Section 173-450-010 - Purpose and applicability

Current through Register Vol. 24-14, July 15, 2024
These rules and regulations are promulgated under
				RCW
				   70.94.143, 70.94.305, and
				70.94.385 of the Washington Clean
				Air Act to establish standard of eligibility for the granting of state and
				federal financial aid to air authorities.
Statutory Authority:
				  Chapter
				  70.94 RCW. 87-19-077
				  (Order 87-16), § 173-450-010, filed
				  9/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-450 - Establishing requirements for the receipt of financial aid › Section 173-450-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless a different meaning is clearly required by context,
				words and phrases used in this chapter shall have the following meanings;
				general terms common with other chapters of Title 173 WAC as defined in chapter
				173-403 WAC, and terms specific to requirements for financial aid as
				follows:
(1) "Applicant" means an air
			 authority applying for state financial aid under the provisions of
			 chapter
			 70.94 RCW.
(2) "Grantee" means an applicant for whom
			 state financial aid has been approved by the department.
(3) "Locally funded portion" or "local funds"
			 means the funds provided to the applicant air authority from sources available
			 to it under
			 chapter
			 70.94 RCW exclusive of
			 state financial aid or federal funds designated specifically for air
			 pollution.
(4) "Payment period"
			 means the period of time for which money for state and federal financial aid is
			 paid to the grantee upon receipt and approval by the department of a properly
			 executed voucher.
(5) "Workable
			 program" means a comprehensive statement of objectives for the prevention and
			 control of air pollution and the existing and proposed measures to achieve
			 these objectives as described in WAC
			 173-450-050.
Statutory Authority:
				  Chapter
				  70.94 RCW. 87-19-077
				  (Order 87-16), § 173-450-020, filed
				  9/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-450 - Establishing requirements for the receipt of financial aid › Section 173-450-030 - Limitations

Current through Register Vol. 24-14, July 15, 2024
State financial aid shall be granted to air authorities
				qualifying under these regulations subject to the following limitations:
(1) State financial aid shall not exceed an
			 amount equal to fifty percent of the locally funded portion of the annual
			 recurring expenditures of such air authority in each of the first three years
			 during which state financial aid is utilized by the air authority and shall not
			 exceed an amount equal to one hundred percent of the locally funded portion in
			 each following year.
(2) The
			 department may limit the amount of financial aid available to a grantee when it
			 becomes necessary due to the lack of sufficient funds available for
			 distribution to meet the needs of all qualified grantees throughout the
			 state.
(3) The department may limit
			 the amount of financial aid to less than the amount for which the applicant
			 applies when the department determines that proposed items of expenditure are
			 not consistent with air pollution control program needs in the applicant's area
			 of jurisdiction, or are not in the best interests of a coordinated statewide
			 air pollution control program, or where such items of expenditure duplicate the
			 responsibilities and activities of the department.
Statutory Authority:
				  Chapter
				  70.94 RCW. 87-19-077
				  (Order 87-16), § 173-450-030, filed
				  9/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-450 - Establishing requirements for the receipt of financial aid › Section 173-450-040 - Applications

Current through Register Vol. 24-14, July 15, 2024
Applications for state financial aid shall be prepared and
				submitted on forms specified by the department under the following
				conditions:
(1) Applications shall be
			 filed with the department and the department shall take action as to the
			 disposition of an application within sixty-five days of its first presentation.
			 Applications shall be approved, denied, or deferred: Provided, That where
			 action is deferred the applicant shall be advised of the reasons for such
			 deferral and action shall be taken within a reasonable time.
(2) Applications must contain a statement of
			 need for air pollution prevention and control in the applicant's
			 jurisdiction.
(3) The applicant
			 must describe a workable program and its objectives together with a proposed
			 timetable of accomplishment.
(4)
			 The application shall contain the budget of the air authority showing all
			 anticipated revenue and sources of revenue, including requested state financial
			 aid, and shall show proposed expenditures covering salaries, equipment and
			 accessories, expendable supplies, travel, and such other information as may be
			 deemed necessary by the department.
(5) Any air pollution control activity
			 conducted by the applicant air authority during the twelve-month period
			 immediately prior to the proposed grant period shall be described in the
			 application, including funds budgeted and expended.
(6) It shall be the policy of the department
			 in reviewing applications for state financial aid and in administering such
			 financial aid to take into consideration the following factors:
(a) The implementation of coordinated
			 statewide air pollution prevention and control.
(b) The responsibilities of the department
			 with respect to its jurisdiction over any areas or type of air contaminant
			 sources and for monitoring the movement of air contaminants throughout the
			 state.
(c) The needs and financial
			 capability of the air authorities in the various areas of the state and the
			 relative effectiveness of the air authorities.
(d) The capability and reasonable potential
			 of the air authorities to perform.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-450 - Establishing requirements for the receipt of financial aid › Section 173-450-050 - Workable program

Current through Register Vol. 24-14, July 15, 2024
The applicant shall provide sufficient information to show that
				its workable program is designed to provide for effective prevention and
				control of air pollution through an orderly progression of development,
				establishment, and improvement of air pollution control programs.
(1) The initial activity of an applicant
			 shall be the development of a plan designed to provide an evaluation of
			 existing and potential air pollution within the jurisdiction of the applicant,
			 including a general inventory of the types of air contaminant sources and their
			 relative contribution to the air pollution problem; to provide for the
			 initiation of air quality surveillance appropriate to the air contaminant
			 sources over which the applicant will have jurisdiction; and to provide for the
			 development of regulations appropriate to the existing air contaminant sources
			 or those which may be reasonably anticipated.
(2) The establishment and improvement of air
			 pollution control programs which constitute the operating control activity of
			 an applicant, shall be oriented to attaining compliance with requirements and
			 regulations of the applicant with respect to air contaminant sources under its
			 jurisdiction.
(3) Sampling and
			 monitoring programs shall be oriented to surveillance for control purposes with
			 respect to those air contaminant sources under the applicant's jurisdiction,
			 except as may be requested by the department to supplement the statewide
			 monitoring program.
(4) Budget for
			 personnel, equipment and other operating expenses must be adequate to carry out
			 the program during the grant period for which state financial aid is requested.
			 Total funding from all sources shall provide, as a minimum, for the equivalent
			 of one full time person: Provided, That the department may approve the sharing
			 of personnel with another agency, the utilization of part-time staff, or
			 persons under contract when these methods can be demonstrated as an effective
			 means of carrying out the program and the purposes of the Washington Clean Air
			 Act.
(5) The locally funded portion
			 of the annual operating cost, budgeted and expended in any grant period for
			 which application is made for state financial aid, shall not be less than the
			 locally funded annual expenditure for air pollution control during the
			 twelve-months' period immediately preceding the proposed grant period, unless
			 it can be demonstrated by the applicant that there were necessary nonrecurring
			 expenditures in the previous period or that the program objectives and the
			 purposes of the Washington Clean Air Act can reasonably be met with a reduced
			 expenditure.
Statutory Authority:
				  Chapter
				  70.94 RCW. 87-19-077
				  (Order 87-16), § 173-450-050, filed
				  9/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-450 - Establishing requirements for the receipt of financial aid › Section 173-450-060 - Grant conditions

Current through Register Vol. 24-14, July 15, 2024
(1) No grant of
			 state funds shall be made to any grantee for a period in excess of twelve
			 months.
(2) Any state financial aid
			 granted shall be used solely for carrying out the program outlined in the
			 approved application or approved amendment as provided in WAC
			 173-450-040 and
			 173-450-080.
(3) The grantee shall provide for and
			 maintain such accounting, budgetary, and other fiscal procedures so as to
			 assure the proper and efficient administration of funds. The fiscal records
			 shall be such as to reflect currently the receipt and disposition of all funds
			 including state financial aid. Such records and documents pertinent to the
			 receipt and disposition of funds shall be kept available for review and
			 audit.
(4) As a minimum the grantee
			 shall submit quarterly financial and progress reports to the
			 department.
Statutory Authority:
				  Chapter
				  70.94 RCW. 87-19-077
				  (Order 87-16), § 173-450-060, filed
				  9/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-450 - Establishing requirements for the receipt of financial aid › Section 173-450-070 - Payments

Current through Register Vol. 24-14, July 15, 2024
(1) Grantees shall
			 initiate requests for payment of state financial aid for the appropriate
			 payment period utilizing properly executed vouchers furnished by the
			 department. The voucher shall state the requested amount of state financial aid
			 and the expenditure of local funds during the payment period. Local funds
			 expended for any item may be shown as the appropriate portion of the total
			 expenditure when the expenditure properly includes the use of, or anticipates,
			 reimbursement with federal or state grant funds.
(2) Upon approval of the voucher by the
			 department, payment for the appropriate payment period shall be
			 authorized.
(3) Payments of state
			 and federal financial aid shall be made by way of reimbursement as contained in
			 the annual agreement payment schedule or otherwise mutually agreed upon, and
			 changed by an amendment to the annual agreement. All expenditures claimed for
			 reimbursement shall be subject to audit.
(4) Final payment of state and federal
			 financial aid shall be based upon approved vouchers applied to the entire grant
			 period.
(5) Vouchers for the final
			 payment period during a grant period shall be submitted by the grantee by the
			 15th day of July of that year.
(6)
			 The department may withhold approval of the vouchers submitted by the grantee
			 if it finds that said grantee has failed to comply with any of the grant
			 conditions or any other requirement or condition imposed by these regulations
			 or chapter 70.94
			 RCW, for a period not to exceed thirty days. If at the end of such period the
			 matter has not been resolved and the department has not approved said vouchers,
			 the grantee may request an administrative hearing before the
			 department.
Statutory Authority:
				  Chapter
				  70.94 RCW. 87-19-077
				  (Order 87-16), § 173-450-070, filed
				  9/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-450 - Establishing requirements for the receipt of financial aid › Section 173-450-080 - Changes, amendments and supplemental state financial aid

Current through Register Vol. 24-14, July 15, 2024
(1) Changes in the
			 workable program of a grantee during the grant period which would not
			 substantially affect the workable program, nor increase the total cost to the
			 state, and which are for the purpose of improving the operation and performance
			 of the workable plan, may be made: Provided, That written approval in advance
			 is obtained from the department.
(2) Changes in the workable program of a
			 grantee during the grant period which would significantly alter the workable
			 program shall not be made until the grantee has submitted to, and the
			 department has approved, an amendment to the original application.
(3) Application for supplemental state and
			 federal financial aid may be made by the grantee when notice is given by the
			 department that such supplemental funds have become available. The application
			 shall be made as an amendment to the previously approved workable program of
			 the grantee and shall include proposed additions in or improvements to the
			 workable program and proposed changes in the budget including the additional
			 local funds to be provided. The department may approve additional financial aid
			 to the extent such funds become available having considered the needs of all
			 grantees throughout the state.
Statutory Authority:
				  Chapter
				  70.94 RCW. 87-19-077
				  (Order 87-16), § 173-450-080, filed
				  9/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-450 - Establishing requirements for the receipt of financial aid › Section 173-450-090 - Termination

Current through Register Vol. 24-14, July 15, 2024
The department may terminate state and federal financial aid,
				in whole or in part, to any grantee when it finds, after reasonable notice and
				opportunity for appeal to the director, that the grantee has failed to comply
				with any of the conditions of the approved application or amendments thereto or
				any of the requirements or conditions imposed by or pursuant to these
				regulations or the Washington Clean Air Act.
Upon the effective date of termination, the grantee shall
				promptly render an accounting and final statement as would similarly be
				required for request for payment of state financial aid under WAC
				173-450-070. The department may
				authorize payment of the state's share of the amount required to settle at
				minimum cost any contractual obligations properly incurred by the grantee prior
				to the date of termination, if the department finds that the grantee acted in
				good faith in incurring the obligations.
Statutory Authority:
				  Chapter
				  70.94 RCW. 87-19-077
				  (Order 87-16), § 173-450-090, filed
				  9/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-450 - Establishing requirements for the receipt of financial aid › Section 173-450-100 - Federal grants

Current through Register Vol. 24-14, July 15, 2024
The standards and requirements of these regulations
				establishing the eligibility of air authorities for state financial aid shall
				be equally applicable to the applications of such air authorities for federal
				grants.
Statutory Authority:
				  Chapter
				  70.94 RCW. 87-19-077
				  (Order 87-16), § 173-450-100, filed
				  9/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-312 - Local Solid Waste Financial Assistance › Section 173-312-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 purpose of this chapter is to:
(a) Set forth
			 requirements for financial assistance under the Model Toxics Control Act,
			 RCW
			    70.105D.070(3).
(b) Provide financial assistance for local
			 programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW.
Programs include local hazardous waste planning and
				implementation, local solid waste planning and implementation, and enforcement
				of rules and regulations governing solid waste handling. Planning,
				implementation, and enforcement are designed to prevent or minimize
				environmental contamination resulting from improper management or disposal of
				waste.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-312 - Local Solid Waste Financial Assistance › Section 173-312-030 - Relation to other legislation and administrative rules

Current through Register Vol. 24-14, July 15, 2024
(1) This rule fulfills the requirement for
			 rule making set forth in
			 RCW
			    70.105D.070(8).
(2) A local government receiving financial
			 assistance shall comply fully with all applicable federal, state, and local
			 laws, orders, rules, and permits.
(3) Financial assistance will be awarded
			 within the limits of available funds. The policy of the department to reimburse
			 eligible costs incurred by the recipient through the effective date of
			 termination or suspension of the agreement, is contingent upon the availability
			 of funds through legislative appropriation and allotment, and other conditions
			 not reasonably foreseeable by the department, which may render performance
			 impossible.
(4) Nothing in this
			 chapter may influence, affect, or modify existing department programs, rules,
			 or enforcement of applicable laws relating to solid or hazardous waste
			 management or cleanup.
(5) All
			 recipients of financial assistance are subject to applicable accounting and
			 auditing requirements of state laws and rules.
Statutory Authority:
				  RCW
				     70.105D.070(3). 00-19-016
				  (Order 00-19), § 173-312-030, filed 9/8/00, effective 10/9/00. Statutory
				  Authority:
				  RCW
				     43.21A.080. 91-11-090 (Order 90-65), §
				  173-312-030, filed 5/21/91, effective 6/21/91. Statutory Authority:
				  RCW
				     43.21A.080 and
				  chapter
				  70.105D RCW. 90-18-064
				  (Order 90-17), § 173-312-030, filed 9/4/90, effective 10/5/90. Statutory
				  Authority: RCW 70.105B.220 and
				  
											70.95.220. 88-17-001 (Order
				  88-26), § 173-312-030, filed
				  8/4/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-312 - Local Solid Waste Financial Assistance › Section 173-312-040 - Applicant eligibility for financial assistance

Current through Register Vol. 24-14, July 15, 2024
(1)
(a)
Local solid waste planning and implementation.
A local government
			 with a department-approved solid waste plan that was developed using a solid
			 waste advisory committee (SWAC) as defined in WAC
			 173-312-020, that has the primary
			 responsibility for maintaining that plan, is eligible to apply for financial
			 assistance to help maintain the plan. An independent city qualifying as an
			 eligible applicant under this subsection must provide for disposal site(s)
			 wholly within its jurisdiction. Eligibility also extends for financial
			 assistance to help pay for the implementation of projects identified in the
			 plan, if those projects are eligible as defined in WAC
			 173-312-050.
(b) Eligibility for planning financial
			 assistance may extend to a city preparing to become independent and requesting
			 financial assistance to write its initial independent plan, when the city:
(i) Provides for disposal sites wholly within
			 its jurisdiction; and
(ii) Uses a
			 solid waste advisory committee (SWAC) as defined in WAC
			 173-312-020; and
(iii) Complies with coordination requirements
			 in WAC 173-312-060(5)(b).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-312 - Local Solid Waste Financial Assistance › Section 173-312-050 - Project and cost eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) Financial assistance reserved for local
			 solid waste planning and implementation will be used to develop or maintain the
			 department-approved local solid or hazardous waste management plan, and for
			 eligible programs contained in those plans.
(2) Financial assistance reserved for local
			 solid waste enforcement programs will be used to enforce rules and regulations
			 adopted under chapter 70.95 RCW, and must provide for an outcome that is
			 measurable. Programs include, but are not limited to:
(a) Develop and maintain local regulations or
			 ordinances governing solid waste handling.
(b) Enforce locally adopted regulations or
			 ordinances governing solid waste handling.
(c) Enforce state minimum functional
			 standards as set forth in chapters 173-350, 173-351, and 173-304 WAC.
(d) Inspect and authorize the disposal of
			 abandoned junk vehicles in accordance with
			 RCW
			    70.95.240.
(e) Investigate illegal dumping of solid
			 waste (provided that the enforcing authority takes reasonable action to
			 determine and identify the person responsible for illegally dumping solid
			 wastes).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-312 - Local Solid Waste Financial Assistance › Section 173-312-060 - Application process

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department will provide an application and establish a process for requesting
			 local solid waste financial assistance under this chapter.
(2)
(a) The
			 department will estimate available funding levels for eligible applicants
			 defined in WAC
			 173-312-040(1) and
			 (2). These estimates will be provided by the
			 start of the initial application period in each biennium.
(b) Initial awards will be based on the final
			 funding level approved by the department.