Subject of Possible Rule Making: This rule making proposes to adopt an emissions performance standard (EPS) for greenhouse gases (GHGs) for all baseload electric generation for which electric utilities enter into long-term financial commitments on or after July 1, 2008. This rule making will amend chapter 173-407 WAC, Carbon dioxide mitigation program and chapter 173-218 WAC, Underground injection control program.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: ESSB 6001, Climate change - mitigating impacts, adopted 2007 legislative session.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Emissions of CO₂ and other GHGs are a major contributor to global warming and climate change. The proposed rules to implement an EPS for baseload power plants in ESSB 6001 will begin to address the impacts of climate change in Washington. Reducing GHG emissions from power plants supports the goals of Executive Order 07-02 to reduce GHG emissions within Washington over the next several decades. These goals were also adopted within ESSB 6001.

     ESSB 6001 sets a deadline of June 30, 2008, to adopt a GHG EPS by rule for all baseload electric generation for which electric utilities enter into long-term financial commitments on or after July 1, 2008. At a minimum, this rule must:

•	Implement and enforce EPS,

•	Establish criteria for evaluating carbon sequestration plans, and

•	Establish an output-based methodology for calculating emissions of GHGs for a cogeneration facility.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of ecology's air quality and water quality programs and the energy facility site evaluation council (EFSEC) will work closely together throughout the process to coordinate the development and adoption of rules by both agencies.

     Process for Developing New Rule: The proposed rule will be drafted and reviewed by a stakeholder group and internally by staff. The public will have the opportunity to comment on the proposed rule. At least one public hearing will be held and the proposed amendments will be posted on the agency web site and provided to interested parties.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Nancy Pritchett, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6082, fax (360) 407-7534, npri461@ecy.wa.gov. Interested parties can access more information on this rule making by contacting the ecology staff member listed above or accessing the ecology web site http://www.ecy.wa.gov/laws-rules/index.html.

July 17, 2007

Stuart A. Clark

Air Quality Program Manager

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