Greenhouse Gas Identification, Reporting, and the Climate Commitment Act.
Under state law for purposes of greenhouse gas emission reporting requirements, tracking progress towards state emission limits, and the Climate Commitment Act (CCA), carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride are identified in statute as greenhouse gases (GHGs). In addition, the Department of Ecology (Ecology) has the authority to designate other GHGs by rule, and has used that authority to designate numerous additional chemicals as GHGs. Among the chemicals that Ecology has identified by rule are desflurane, isoflurane, halothane, and sevoflurane, which are used in various types of medical settings as an anesthetic. Another chemical used primarily as a structural fumigant pesticide, sulfuryl fluoride, is not currently identified by Ecology rules as a GHG.
According to the Environmental Protection Agency, the global warming potential (GWP) of each GHG is a function of how much of the gas is concentrated in the atmosphere, how long the gas stays in the atmosphere, and how strongly the particular gas affects global atmospheric temperatures. Under state law, the GWP of a gas is measured in terms of the equivalence to the emission of an identical volume of carbon dioxide over a 100-year timeframe (carbon dioxide equivalent or CO2e). Ecology designates the GWP of desflurane as 989, sevoflurane as 216, isoflurane as 350, halothane as 41, and nitrous oxide as 298.
At the state level, GHG reporting is regulated by Ecology under the state Clean Air Act. This state law requires facilities, sources, and sites whose emissions of GHGs exceed 10,000 metric tons of CO2e each year to report their annual emissions to Ecology. Ecology is responsible for monitoring and tracking the state's progress in achieving emissions limits set for the years 2030, 2040, and 2050. The 2021 CCA establishes a program to cap on GHG emissions from covered entities and a program to track, verify, and enforce compliance through the use of compliance instruments, which include allowances or eligible offset credits. Under the CCA, annual allowance budgets are set at a level to achieve the share of reductions by covered entities necessary to achieve the state?s 2030, 2040, and 2050 emissions limits. Covered entities must obtain, by no-cost allocation from Ecology, purchase at auction, or purchases from other parties, compliance instruments in a timely manner and in an amount necessary to meet the compliance obligations associated with their emissions.
Alternative Assessments and Chemical Information Reporting.
The Safer Products for Washington program implemented by Ecology, in consultation with the Department of Health, provides an administrative process for the regulation of priority chemicals in priority consumer products. Under this process, certain chemicals were defined as priority chemicals, and Ecology may designate additional chemicals as priority chemicals. Ecology must identify priority consumer products that include priority chemicals and may then determine regulatory actions related to those chemicals in a priority consumer product.
Various state laws require state agencies to study of the availability and feasibility in certain consumer products, including per- and polyfluoroalkyl chemicals in food packaging, certain chemicals in brake friction materials, and polybrominated diphenyl ether flame retardants in mattresses. Sometimes, regulatory authority to restrict the use of a chemical in a consumer product is made contingent upon a determination by a state agency that a safer alternative exists; for example, under Safer Products for Washington, Ecology's ability to restrict or prohibit a priority chemical in a priority consumer product is contingent upon a determination that safer alternatives are feasible and available.
Under both the Safer Products for Washington program and the Children's Safe Product Act, Ecology may require a manufacturer to submit certain information related to the use of a chemical in a product, including a description of the function of the chemical in the product, and the amount of the chemical used in the product.
The Department of Ecology (Ecology) must commission a study that analyzes certain aspects of the greenhouse gas (GHG) emissions in Washington from sulfuryl fluoride and anesthetic gases with a high global warming potential (anesthetic GHGs), including the evidence supporting the inclusion of sulfuryl fluoride as a GHG, potential sources of the gases in Washington, and estimates on the quantity of emissions, and recommends potential points of regulation for each gas. Based on the study, Ecology must consider whether to add, by rule, sulfuryl fluoride as a GHG subject to GHG reporting and CCA compliance requirements. The study must be completed by July 1, 2025, and Ecology, in consultation with the Department of Health, must submit recommendations that consider the results of the study to the Legislature by October 1, 2025.
By January 1, 2026, Ecology must develop and publish a guidance document with a goal to reduce emissions from anesthetic GHGs used in medical, dental, veterinary, and similar facilities, but without limiting the ability of medical, dental, and veterinary professionals to provide safe and effective care, and while allowing flexibility in extenuating clinical circumstances. The guidance document must address sevoflurane, desflurane, isoflurane, halothane, and nitrous oxide. Ecology must consult with the Department of Health in developing the guidance document and solicit input from a number of medical system regulators, medical associations, and other specified stakeholders. Ecology must consider the efforts of other jurisdictions on anesthetic GHGs, best practices prepared by medical professional associations, financial considerations, and existing practices in place at facilities. Ecology must also consider the results of a Department of Health evaluation of the medical procedure and professional liability risks of lower-GHG anesthetic options, which must be completed by July 1, 2025. By January 1, 2027, facilities and practitioners that use anesthetic GHGs may only do so in compliance with Ecology's guidance document. No penalties are prescribed for violations of this requirement.
Ecology, in consultation with the Department of Agriculture, must identify the availability and feasibility of safer alternatives to the use of sulfuryl fluoride as a fumigant. Ecology may order a manufacturer, distributor, or importer of sulfuryl fluorides or potential safer alternatives to submit information about the chemical in a manner consistent with GHG emission reporting requirements or the Safer Products for Washington and the Children's Safe Products Act, or other information relevant to determining the volume, GHG emissions, or human health hazards associated with a chemical. Ecology must receive the information ordered in this manner within four months of a person receiving the order.
Ecology must submit a report to the Legislature by October 1, 2025, regarding the availability of safer alternatives to sulfuryl fluoride and recommendations for actions to reduce sulfuryl fluoride emissions.
A severability clause is included.
Substitute House Bill 2073 makes the following changes to House Bill 2073:
(In support) State greenhouse gas emission policies have rightly focused on big sources of emissions, but there is increased learning and awareness of other sources of greenhouse gas (GHG) emissions. Medical practitioners and associations around the world are taking steps to reduce their emissions of anesthetic gases. Anesthetic gases are potent GHGs. It is contradictory to spend so much effort helping save the lives of those inside a hospital while harming those outside in the process. There are better and safer alternatives that reduce GHG emissions from anesthesia practices. Most anesthesia emissions come from wasteful and avoidable uses of the gases. Reductions in wasted gases will result in cost savings to medical practices, in addition to environmental benefits. Guidelines from the Department of Ecology (Ecology) are necessary to overcome the inertia of established practices. Sulfuryl fluoride is a super polluting GHG, and emissions of it are increasing globally. Trade-offs around using gases are complex, and study of alternatives is merited.
(Opposed) Sulfuryl fluoride is an important pesticide product for the management of stored product pests. It is used as an alternative fumigant when primary fumigants do not work. It is premature to classify sulfuryl fluoride as a GHG before the study of it is complete. Sulfuryl fluoride has beneficial properties as a pesticide, including no residual pesticide on the product once the treatment is complete. Environmental issues related to the use of sulfuryl fluoride have not been raised to the pesticide advisory board.
(Other) It is unclear how Ecology's guidance document could affect medical practices. Limitations or a ban on potential anesthetics could result in negative healthcare outcomes. Physicians must retain their ability to use their own clinical judgment. Hospitals could use more than six months after the publication of Ecology's guidance to ensure that they can change their practices to meet the requirements of the guidelines. Animal medical research could pose unique challenges. The guidance document should be reviewed by the Legislature before it takes effect.
(In support) Representative Vandana Slatter, prime sponsor; Ryan Jense; Annemarie Dooley, Washington Physicians for Social Responsibility; Elizabeth Hansen; and Kate Tudor, Natural Resources Defense Council.
Adam Lough; Eric Pratt; Kelly McLain, Washington State Department of Agriculture; and John Worthington.