Subject of Possible Rule Making: This rule making will create a new chapter in the Washington Administrative Code. This chapter will focus on carbon dioxide mitigation at new power plants that fall below the Energy Facility Site Evaluation Council (EFSEC) threshold (350MWH) and supply the public with electricity.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.94 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Carbon dioxide emissions are a major contributor to global warming. In Washington, power plants are the fastest-growing source of carbon dioxide emissions. Mandating reductions in carbon dioxide emissions from new power plants is probably the best and most cost-effective way to help reduce the effects of global warming. A rule will concisely, simply, and clearly spell out CO₂ mitigation requirements for new power plants. EFSEC is concurrently developing CO₂ mitigation requirements for new power plants under its jurisdiction.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Ecology staff will work closely with EFSEC staff during all phases of both agencies' CO₂ mitigation rule development. EFSEC is composed of members from several state agencies including, the Utilities and Transportation Commission, the Department of Natural Resources, the Department of Fish and Wildlife, the Department of Community, Trade, and Economic Development, and the Department of Ecology.

     Process for Developing New Rule: Rule making for significant legislative rules, as described in the Washington State Administrative Procedure Act, chapter 34.05 RCW.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can access more information on this rule making by contacting Melissa McEachron, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6860, fax (360) 407-7534, e-mail mmce461@ecy.wa.gov, or accessing the ecology website http://www.ecy.wa.gov/laws-rules/index.html.

October 16, 2003

Mary E. Burg

Program Manager

© Washington State Code Reviser's Office