Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-11-098.

     Title of Rule and Other Identifying Information: This rule making proposes to adopt a mandatory greenhouse gas (GHG) reporting rule for persons operating:

     1. A single facility, source, or site that emits at least 10,000 metric tons of GHGs annually in the state; or

     2. A supplier of liquid motor vehicle fuel, special fuel, or aircraft fuel that supplies products equivalent to at least 10,000 metric tons of carbon dioxide annually in the state.

     This rule making will establish new chapter 173-441 WAC, Reporting of emissions of greenhouse gases.

     Hearing Location(s): Department of Ecology, 4601 North Monroe Street, Spokane, WA 99205, on October 6, 2010, at 6 p.m.; and at the Department of Ecology, 300 Desmond Drive, Lacey, WA 98503, on October 7, 2010, at 6 p.m.

     Date of Intended Adoption: December 1, 2010.

     Submit Written Comments to: Neil Caudill, P.O. Box 47600, Olympia, WA 98504-7600, e-mail neil.caudill@ecy.wa.gov, fax (360) 407-7534, by October 14, 2010.

     Assistance for Persons with Disabilities: Contact Tami Dahlgren at (360) 407-6830, by September 28, 2010. Persons with hearing loss, call 711 for Washington relay service. Persons with a speech disability, call 877-833-6341.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will adopt, as directed in chapter 70.94 RCW, a mandatory GHG reporting rule. The proposal will establish a new chapter, chapter 173-441 WAC.

     Reasons Supporting Proposal: The state of Washington has taken several steps to begin responding to climate change. E2SHB 2815, was passed by the 2008 legislature as part of the governor's climate change framework and is primarily codified in chapters 70.235 and 70.94 RCW. E2SHB 2815 requires the state to meet goals for the statewide reduction of emissions of GHGs within Washington over the next several decades and includes additional actions to reduce emissions of GHGs and build a clean energy economy. The legislature passed SSB 6373 in 2010 to amend E2SHB 2815 to emphasize consistency with the Environmental Protection Agency's (EPA) GHG reporting program. One element of SSB 6373 is a requirement for persons operating large stationary sources of GHGs or supplying certain types of fuels to begin reporting emissions. The statute directs ecology to adopt rules to develop and implement a reporting system for those entities required to report. The inventory of GHG emissions established by this reporting system will support future policy initiatives to meet the emissions reductions established in RCW 70.235.020.

     Statutory Authority for Adoption: Chapter 146, Laws of 2010 (SSB 6373), Greenhouse gas emissions, chapters 70.235 and 70.94 RCW.

     Statute Being Implemented: Chapters 70.94 and 70.235 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: SSB 6373 directs ecology to adopt rules that establish a mandatory GHG reporting program that is consistent with EPA's mandatory GHG reporting program. EPA's program is still in development. Ecology's proposed rule incorporates by reference sections of EPA's final reporting rules as well as reporting rules currently proposed by EPA. EPA expects to finalize several of its proposed rules before the end of the year. To maintain consistency and reduce costs for reporters, ecology intends to update chapter 173-441 WAC to incorporate changes to the proposed EPA reporting protocols included in chapter 173-441 WAC if they are finalized by the date of adoption of chapter 173-441 WAC. This incorporation will not add or remove source categories from the rule.

     Name of Proponent: Department of ecology air quality program, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Neil Caudill, Lacey, Washington, (360) 407-6811.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     Facilities with direct emissions over 10,000 metric tons CO₂e (carbon dioxide-equivalent) of GHG emissions per year.

     Suppliers of fuel for transportation - including liquid motor vehicle fuel, special fuel, or aircraft fuel - filing periodic tax reports to the Washington state department of licensing (DOL), and emitting over 10,000 metric tons of GHG emissions per year.

     Ecology has analyzed the degree of disproportionate impact of the proposed rule on small business, and concluded that a disproportionate impact does exist.

     Ecology took various measures, within the scope of the authorizing statutes, to reduce this disproportionate burden.

     The statute included many of these measures, including reducing reporting effort for those facilities required to report under the existing federal rule, and limitation to particular sectors, avoiding possible coverage of more prevalent small businesses in other sectors that would likely need to determine whether their emissions exceed the threshold for reporting.

     Ecology chose additional measures such as deferring reporting until the latest year allowed by statute (2012 emissions, reported in 2013), and allowing those entities not reporting under the federal rule to submit emissions reports by the latest date allowed by statute (October 31).

     Delaying reporting for entities emitting between 10,000 and 25,000 MT of GHG emissions likely will benefit smaller businesses to a greater extent, as they are a greater proportion of smaller emitters.

     Ecology estimated that the costs and payments created by the proposed rule will likely reduce manufacturing-related employment primarily in sectors subject to the proposed rule. This will likely result in the loss of twenty jobs across the state economy, for all sizes of business.

     Section 1: Background:

     Ecology is proposing a rule to require reporting of GHG emissions from certain sources in the state.

     Based on research and analysis required by the Regulatory Fairness Act, RCW 19.85.070, ecology has determined the proposed rule, chapter 173-441 WAC, has a disproportionate impact on small business. Therefore, ecology included cost-minimizing features in the rule where it is legal and feasible to do so.

     This document provides the public with an overview of the methods ecology used to perform its analysis, and the features of the rule and rule-development process specifically addressing small business needs. Small businesses are defined as those with fifty or fewer employees.

     Due to size limitations relating to the filing of documents with the code reviser, the small business economic impact statement does not contain the appendices that further explain ecology's analysis. Additionally, it does not contain the raw data used in this analysis, or all of ecology's analysis of this data. However, this information is being placed in the rule-making file, and is available upon request. A full analysis of compliance costs is available in the associated cost-benefit analysis for this rule.

     Section 2: Compliance Costs for Washington Businesses:

     Quantified Costs of Ecology's Proposed Rule: Ecology estimated the quantifiable costs of ecology's proposed rule by determining expected reporters, and estimating the range of compliance costs for each industry.

     Federal Reporting Rule Coverage: Ecology expects the federal reporting rule to capture emissions from the largest industrial emitters. The EPA's regulatory impact analysis for the federal reporting rule expects thirty thousand facilities in the United States will need to assess whether they must report, and about thirteen thousand of these will likely meet the threshold to report.

     Ecology developed an estimate of the number of Washington state emitters impacted by the federal reporting rule, based on reported fuel consumption and business output. Through that estimate, ecology developed [a] list of seventy-four facilities that likely emit over the federal threshold of 25,000 metric tons per year, from industrial processes covered by the federal rule. Based on the relative proportions of likely reporters to nonreporters at the national level,¹ ecology assumed one hundred businesses in Washington would only need to determine whether they are reporters. This number is highly conservative and likely an overestimate, based on ecology's knowledge of the industries reporting under the federal rule, and those industries in Washington state. However, ecology chose this estimate based on the proportion of reporters to nonreporters in the United States as a whole, as reported by the EPA.

     Coverage Under Ecology's Proposed Rule: Ecology expects coverage under the proposed rule to include several manufacturing, commercial, and utility operations, including those reporting under the federal reporting rule. The lower reporting threshold under the proposed rule is expected to include more reporters. This is because of the lower threshold itself, and also to an additional extent because of inclusion of biomass emissions in the threshold determination. These requirements are both dictated by statute.

     Based on the energy intensity of different production activities, and employment size of firms as a proxy for operation size, ecology estimated that about two hundred sixty-seven facilities or fuel suppliers (a subset of twelve are also fuel suppliers) operating in the state are likely to be required to report under the proposed rule, eighteen of these facilities are likely to be triggered by biomass emissions.² DOL estimates that sixty-four out of a possible one hundred twenty-five suppliers with the appropriate licenses will exceed Washington's threshold.

     Ecology expects that some remaining businesses in the state, in manufacturing, utility, and commerce industries will need to determine their reporting status, but will not need to report. Ecology estimated there are about three thousand remaining manufacturing, commercial, utility facilities, and fuel suppliers, in industries relevant to the proposed rule.³

     Difference in Coverage: Overall, based on the additional facilities and sectors described above, ecology expects the proposed rule to cover about three hundred thirty-one facilities and fuel reporters, including:

     One hundred seventy-five facilities under 25,000 MT CO₂e expected to report only under the proposed rule.

     Eighteen biomass emitters expected to report only under the proposed rule.

     Seventy-four facilities expected to report under both the proposed rule, and under the federal reporting rule.

     Sixty-four transportation fuel suppliers.

     Cost Estimation - Reporters: Ecology developed a list of likely reporters under the proposed rule. For each of these operations, ecology developed an estimated facility compliance cost by industry and biomass compliance cost. Ecology estimated a range of compliance costs, tied to labor and capital cost assumptions developed by the EPA for its regulatory impact analysis for the federal rule.⁴

     The proposed rule allows those reporters also reporting under the federal rule to submit emissions reports to the EPA. The EPA then provides reports to ecology. Based on this, ecology assumed the seventy-four likely reporters also reporting to EPA will experience minimal or no additional reporting costs under the proposed rule. Ecology therefore estimated costs for the remaining likely one hundred seventy-five reporters and eighteen biomass-triggered reporters, who only report under the proposed rule.

     The low end of the costs range was based on the scenario that only labor costs were necessary for compliance, and emissions could be estimated based on existing or easily accessed records. Ecology's proposed rule allows for various emissions calculations, and ecology expects actual compliance costs to be near the low end of the range, as businesses are likely to minimize costs where possible.

     Reporter costs used by ecology were industry-specific where available, and tied to the cost estimation assumptions the EPA used to analyze the federal rule. Utilities expected to report under the proposed rule were assigned estimated costs of stationary combustion from this same analysis. See Appendix A for a breakdown of compliance costs.

     Ecology applied a similar effort-based methodology in estimating compliance costs for fuel suppliers. As fuel supplier reporting is based on existing reporting of transportation fuel tax to DOL, ecology estimated the cost of the additional reporting efforts likely required to complete reporting based on existing data.

     Based on its analysis of operation-level compliance costs, ecology estimated that about two hundred fifty-seven facilities emitting between 10,000 and 25,000 MT CO2e [CO₂e] and fuel suppliers are expected to incur total annualized reporting costs of approximately $966 thousand - $2.7 million. This is the overall range of possible annualized compliance costs, looking at extreme high and low costs across all, and all possible compliance options including unlikely high-cost options.

     Cost Estimation - Nonreporters: Based on the industries impacted in ecology's cost analysis for reporters, ecology assumed a remaining three thousand facilities in the state⁵ would need to determine what action to take in compliance with the rule, but would not need to report. These are facilities involved in the same set of industries likely impacted by the proposed rule.

     Ecology followed the EPA's assumptions on the labor required to determine whether to report.⁶ Results based on these EPA estimates were used as the high end of the cost range, as they assume the most conservative (i.e., high) cost scenario possible. Ecology also calculated this cost based on only the subset of labor required to determine reporting status based on existing fuel and input records, or transportation tax reports to DOL. The range of costs for nonreporters was determined to be $150 to $500 per nonreporter.

     Ecology assumed the determination of whether to report would be one-time, unless significant changes to existing processes were made. Ecology annualized this range of nonreporter costs to be $13 to $44 dollars per year. Summed across all nonreporting facilities fuel suppliers determining whether to report, this is an annualized compliance cost of $39 thousand - $132 thousand.

     See the Appendix A for a breakdown of compliance costs.

     Ecology also noted that some likely nonreporters would be able to determine whether to report during a brief phone call with a member of ecology staff, so the quantified range of annualized costs presented above may be an overestimate.

     Reporting Fees: The authorizing statute allows ecology to charge appropriate fees to reporters, based on the expected costs of the program. Ecology estimated the future workload of the reporting program, based on the proposed rule.

     Ecology determined which tasks it expects to perform under the proposed rule, and the workload associated with those tasks. The tasks include:

     Rule updates, program administration, program tracking, and fiscal operations.

     Data management.

     Technical support.

     Compliance and enforcement.

     Management and oversight.

     Data verification.

     Administrative support in billing and correspondence.

     Ecology estimated the workload associated with each task, and the total compensation estimate for each position involved. Total compensation included:

     Salaries.

     Benefits.

     Goods.

     Travel.

     Indirect costs.

     Ecology estimated that overall program costs will be about $408 thousand per year for administering the proposed reporting rule. This cost represents ecology's current best estimate, and could change depending on the actual workload associated with running the GHG emissions reporting program.

     To allocate reporter fees across likely reporters, ecology followed the language in the proposed rule. Ecology broke the budget down into seventy-five percent of fees paid by facility reporters, and twenty-five percent paid by fuel suppliers. Within these two categories, fees would be determined by division of the budget for the reporter category (facilities or fuel suppliers) by the number of reporters in that category. Overall:

     Facilities will likely pay an approximate fee of $1,150 per year.

     Fuel suppliers will likely pay an approximate fee of $1,590 per year.

     These are estimated values, based on the expected annual costs of the program at the time of this publication. If the realized composition of reporters and nonreporters differs from ecology's assumptions, actual fees may differ.

     Ecology summed the estimated reporting fees to determine total expected annual reporting costs to of $408 thousand.

     Section 3: Quantification of Cost Ratios:

     The costs of the proposed rule are not uniformly spread across businesses, especially as pertains to business size. Ecology matched industries and, where possible, individual businesses with employment numbers (ESD, 2010). Ecology then determined the interaction between compliance costs and business size.

     Based on the interaction of business size and compliance costs, ecology determined:

     Which businesses or subsets of industries are required to comply with the proposed rule, and incur costs.

     Which businesses are small, and which businesses comprise the largest ten percent of impacted businesses.

     Ecology divided each entity's compliance costs by the number of employees there. Ecology then averaged these cost-to-employment ratios for the small business group, and the large business group.

     Ecology calculated the broadest range possible for the average annualized cost per employee as $2 - 4 thousand for small businesses impacted by the proposed rule. The average annualized cost per employee for the largest ten percent of businesses was calculated to be twenty-five - thirty cents.

     A contributing factor to the largest possible average annual costs per employee, for small businesses, is the appearance in the data of sole proprietorships that own large businesses. When a range of employment was available for a business, ecology conservatively chose the smallest employment number available, as not to underrepresent small businesses in the data. This contributed to the largest small business costs per employee. Ecology believes a single-employee reporter is highly unlikely to exist under the proposed rule, and the appearance of sole proprietorships in the data is a result of conservative data usage, and data limitations.

     A sole proprietorship is made additionally unlikely by the high likelihood that small reporters will have smaller emissions, making compliance costs or costs to determine whether to report smaller.

     Irrespective of the possible existence of a sole proprietorship, ecology calculated disproportionate costs per employee, and concluded that the proposed rule will likely impose disproportionate costs on small business. Ecology included cost-mitigating components in the proposed rule to reduce this disproportionate impact. This small business cost mitigation is further described in the next chapter.

     Section 4: Actions Taken to Reduce Small Business Impacts:

     Ecology took a number of actions in the proposed rule, to reduce the disproportionate impacts on small businesses. It is important to note that small businesses are likely to be low emitters.

     Aspects of the proposed rule that attempt to reduce the disproportionate compliance costs to small businesses include:

     The statute included many of these measures, including reducing reporting effort for those facilities required to report under the existing federal rule. Consistency with the federal rule also helps small business not required to report to EPA by allowing them to use EPA's electronic reporting tool and increasing the number of resources and training events available on the protocols. Using the federal protocols means the protocols are reviewed and commented on by a very large number of organizations and trade groups throughout the country. This increases the quality of the protocols, minimizing compliance costs, without requiring an individual investment by a local small business. Protocol tiers included in EPA's methods give smaller emission sources easier, cheaper methods to track and report emissions.

     Limiting reporting to particular sectors included in the federal program, avoids possible coverage of more prevalent small businesses in other sectors that would likely need to determine whether their emissions exceed the threshold for reporting. Many of the emission sources, such as fleets and fugitive emissions from refrigeration and cooling equipment, are prevalent in small businesses and costly to track and report.

     Ecology chose additional measures such as deferring reporting until the latest year allowed by statute (2012 emissions, reported in 2013), and allowing those organizations not reporting under the federal rule to submit emissions reports by the latest date allowed by statute (October 31).

     Delaying reporting for organizations emitting between 10,000 and 25,000 MT CO₂e of GHG emissions likely will benefit smaller businesses to a greater extent, as they are a greater proportion of smaller emitters.

     Ecology chose to implement a flat fee for all facilities and a separate flat fee for all suppliers to minimize costs to small businesses. A flat fee opposed to an emissions based fee normally would favor large businesses, but due to the unique relationship between the Washington and federal reporting programs the opposite is true in this case. Washington will rely on EPA verification to reduce overall costs. EPA will only verify emissions for reporters over 25,000 MT CO₂e/year. This means ecology will have to verify reports from sources less than 25,000 MT CO₂e/year, which correlate to smaller businesses, and will increase agency costs for those reporters. Since the authorizing statute establishes that fees are based on agency costs, a flat fee prevents smaller sources paying higher fees.

     Section 5: Small Business Involvement:

     Ecology attempted to identify potential reporters, including small businesses, and invite them to technical assistance workshops held throughout the state. This also informed smaller reporters about the rule and led to many one-on-one technical assistance contacts between potential reporters and ecology staff. Ecology's stakeholder meetings were open to the public, and the agency e-mailed updates and invitations to all parties that expressed interest in the rule, including small businesses.

     Section 6: NAICS Codes of Impacted Industries:

     Ecology expects the proposed rule to impact a broad range of industries. Table 1 presents the NAICS codes of those industries. For industry groups with all subindustries possibly impacted, ecology has listed only the 3-digit group code. Fuel suppliers fall primarily in the 4247 group.

Table 1: NAICS Codes Likely Impacted by the Proposed Rule
221	2212	3329	4413	5152	5629
311	2213	3331	4441	5171	6111
321	2361	3332	4442	5172	6112
322	2362	3339	4451	5179	6215
324	2371	3341	4471	5221	6216
325	2372	3345	4521	5222	6219
327	2373	3359	4529	5234	6221
332	2379	3361	4539	5239	6241
335	2381	3364	4543	5241	6242
336	2382	3366	4811	5311	6244
481	2383	3371	4821	5312	7127
482	2389	4231	4831	5321	7223
483	3112	4233	4841	5322	8114
492	3114	4234	4842	5324	8121
562	3115	4235	4851	5411	8123
622	3116	4236	4852	5413	8129
1111	3118	4237	4853	5416	8131
1112	3119	4238	4855	5417	8133
1113	3121	4239	4859	5418	8134
1114	3211	4241	4882	5419
1119	3219	4242	4883	5511
1121	3222	4244	4884	5612
1133	3241	4245	4885	5613
1151	3254	4246	4889	5615
2111	3255	4247	4921	5616
2122	3256	4248	4931	5617
2123	3273	4249	5111	5619
2131	3311	4411	5112	5621
2211	3323	4412	5151	5622

     Section 7: Impact on Jobs:

     Ecology used the Washington state office of financial management's 2002 Washington input-output model (OFM-IO) to estimate the proposed rule's first-round impact on jobs across the state. This methodology estimates the impact as reductions or increases in spending in certain sectors of the state economy flow through to purchases, suppliers, and demand for other goods. Compliance costs incurred by an industry, or industries, are entered in the OFM-IO model as decreases in spending and investment.

     Ecology calculated that about twenty jobs are likely to be permanently lost under the proposed rule. Ecology was not able to estimate the second-round impacts of the proposed rule, which include the earned income of secondary parties and reduce overall job impacts.

     ¹Environmental Protection Agency (2009). Regulatory Impact Analysis for the Mandatory Reporting of Greenhouse Gas Emissions Proposed Rule (GHG Reporting), Final Report. http://www.epa.gov/climatechange/emissions/downloads/GHG_RIA.pdf.

     ²Washington state employment security department. Workforce Explorer. http://www.workforceexplorer.com/cgi/dataanalysis/?PAGEID=94&SUBID=149, Nicholas Institute for Environmental Policy Solutions (2007). Size Thresholds for GHG Regulation: Who Would be Affected by a 10,000 ton CO2 Emission Rule, and Energy Information Administration (2002). Manufacturing Energy Consumption Survey. Table 6.4 Manufacturing fuel consumption by Manufacturing Industry and Employment Size.

     ³Washington state employment security department, Workforce Explorer. http://www.workforceexplorer.com/

     ⁴Environmental Protection Agency (2009). Regulatory Impact Analysis for the Mandatory Reporting of Greenhouse Gas Emissions Proposed Rule (GHG Reporting), Final Report. http://www.epa.gov/climatechange/emissions/downloads/GHG_RIA.pdf

     ⁵Washington state employment security department. Workforce Explorer. http://www.workforceexplorer.com/cgi/dataanalysis/?PAGEID=94&SUBID=149, Nicholas Institute for Environmental Policy Solutions (2007). Size Thresholds for GHG Regulation: Who Would Be Affected by a 10,000 ton CO2 Emission Rule, and Energy Information Administration (2002). Manufacturing Energy Consumption Survey. Table 6.4 Manufacturing fuel consumption by Manufacturing Industry and Employment Size.

     ⁶Environmental Protection Agency (2009). Regulatory Impact Analysis for the Mandatory Reporting of Greenhouse Gas Emissions Proposed Rule (GHG Reporting), Final Report. http://www.epa.gov/climatechange/emissions/downloads/GHG_RIA.pdf.

     A copy of the statement may be obtained by contacting Kasia Patora, Economics and Regulatory Research, Department of Ecology, P.O. Box 47600, Lacey, WA 98504-7600, phone (360) 407-6184, fax (360) 407-6989, e-mail kasia.patora@ecy.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kasia Patora, Economics and Regulatory Research, Department of Ecology, P.O. Box 47600, Lacey, WA 98504-7600, phone (360) 407-6184, fax (360) 407-6989, e-mail kasia.patora@ecy.wa.gov.

August 26, 2010

Polly Zehm

Deputy Director

OTS-3499.3

[]

     (1) Definitions specific to this chapter:

     (a) "Biomass" means nonfossilized and biodegradable organic material originating from plants, animals, or microorganisms, including products, by-products, residues, and waste from agriculture, forestry, and related industries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material.

     (b) "Carbon dioxide equivalents" or "CO₂e" means a metric measure used to compare the emissions from various greenhouse gases based upon their global warming potential.

     (c) "Department of licensing" or "DOL" means the Washington state department of licensing.

     (d) "Director" means the director of the department of ecology.

     (e) "Ecology" means the Washington state department of ecology.

     (f) "Facility" unless otherwise specified in any subpart of 40 C.F.R. Part 98 as effective on or proposed by August 1, 2010, means any physical property, plant, building, structure, source, or stationary equipment located on one or more contiguous or adjacent properties in actual physical contact or separated solely by a public roadway or other public right of way and under common ownership or common control, that emits or may emit any greenhouse gas. Operators of military installations may classify such installations as more than a single facility based on distinct and independent functional groupings within contiguous military properties.

     (g) "Greenhouse gas," "greenhouse gases," "GHG," and "GHGs" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Beginning on January 1, 2012, "greenhouse gas" also includes any other gas or gases designated by ecology by rule in Table A-1 in WAC 173-441-040.

     (h) "Person" includes:

     (i) An owner or operator, as those terms are defined by the United States Environmental Protection Agency in its mandatory greenhouse gas reporting regulation in 40 C.F.R. Part 98, as effective on August 1, 2010; and

     (ii) A supplier.

     (i) "Supplier" means any person who is:

     (i) A motor vehicle fuel supplier or a motor vehicle fuel importer, as those terms are defined in RCW 82.36.010;

     (ii) A special fuel supplier or a special fuel importer, as those terms are defined in RCW 82.38.020; or

     (iii) A distributor of aircraft fuel, as the term is defined in RCW 82.42.010.

     (2) Definitions specific to suppliers. Suppliers must use the definitions found in the following regulations unless the definition is in conflict with a definition found in subsection (1) of this section. These definitions do not apply to facilities.

     (a) WAC 308-72-800;

     (b) WAC 308-77-005; and

     (c) WAC 308-78-010.

     (3) Definitions from 40 C.F.R. Part 98. For those terms not listed in subsection (1) or (2) of this section, the definitions found in 40 C.F.R. Part 98.6, as effective on or proposed by August 1, 2010, are adopted by reference as modified in WAC 173-441-120(2).

     (4) Definitions from chapter 173-400 WAC. If no definition is provided in subsections (1) through (3) in this section, use the definition found in chapter 173-400 WAC.

[]

     (1) Facility reporting. Reporting is mandatory for an owner or operator of any facility located in Washington state with total GHG emissions that exceeds the reporting threshold. GHG emissions from all applicable source categories listed in WAC 173-441-120 at the facility must be included when determining whether emissions from the facility meet the reporting threshold.

     (a) Reporting threshold. Any facility that emits ten thousand metric tons CO₂e or more per calendar year in total GHG emissions from all applicable source categories listed in WAC 173-441-120 exceeds the reporting threshold.

     (b) Calculating emissions for comparison to the threshold. To calculate GHG emissions for comparison to the reporting threshold, the owner or operator must:

     (i) Calculate the total annual emissions of each GHG in metric tons from all applicable source categories that are listed and defined in WAC 173-441-120. The GHG emissions must be calculated using the calculation methodologies specified in WAC 173-441-120 and available company records.

     (ii) Include emissions of all GHGs that are listed in Table A-1 of WAC 173-441-040, including all GHG emissions from the combustion of biomass and all fugitive releases of GHG emissions from biomass.

     (iii) Sum the emissions estimates for each GHG and calculate metric tons of CO₂e using Equation A-1 of this subsection.

Where:

CO2e	=	Carbon dioxide equivalent, metric tons/year.
GHGi	=	Mass emissions of each greenhouse gas listed in Table A-1 of WAC 173-441-040, metric tons/year.
GWPi	=	Global warming potential for each greenhouse gas from Table A-1 of WAC 173-441-040.
n	=	The number of greenhouse gases emitted.

     (iv) Include in the emissions calculation any CO₂ that is captured for transfer off-site.

     (v) Research and development activities are not considered to be part of any source category defined in this chapter.

     (2) Suppliers. Reporting is mandatory for any supplier required to file periodic tax reports to DOL and has total carbon dioxide emissions that exceed the reporting threshold.

     (a) Reporting threshold. Any supplier that supplies applicable fuels that are reported to DOL as sold in Washington state of which the complete combustion or oxidation would result in total calendar year emissions of ten thousand metric tons or more of carbon dioxide exceeds the reporting threshold.

     (b) Calculating emissions for comparison to the threshold. To calculate GHG emissions for comparison to the reporting threshold, a supplier must:

     (i) Base its emissions on the applicable fuel quantities as established in WAC 173-441-130(1) and reported to DOL. A supplier must apply the mass in metric tons per year of CO₂ that would result from the complete combustion or oxidation of these fuels towards the reporting threshold.

     (ii) Calculate the total annual carbon dioxide emissions in metric tons from all applicable fuel quantities and fuel types as established in WAC 173-441-130(1) and reported to DOL. The GHG emissions must be calculated using the calculation methodologies specified in WAC 173-441-130 and data reported to DOL.

     (iii) Only include emissions of carbon dioxide associated with the complete combustion or oxidation of the applicable fuels. Include all CO₂ emissions from the combustion of biomass fuels.

     (iv) Include in the emissions calculation any CO₂ that is captured for transfer off-site.

     (v) Research and development activities are not considered to be part of any source category defined in this chapter.

     (3) Applicability over time. A person that does not meet the applicability requirements of either subsection (1) or (2) of this section is not subject to this rule. Such a person would become subject to the rule and the reporting requirements of this chapter if they exceed the applicability requirements of subsection (1) or (2) of this section at a later time. Thus, persons should reevaluate the applicability to this chapter (including the revising of any relevant emissions calculations or other calculations) whenever there is any change that could cause a facility or supplier to meet the applicability requirements of subsection (1) or (2) of this section. Such changes include, but are not limited to, process modifications, increases in operating hours, increases in production, changes in fuel or raw material use, addition of equipment, facility expansion, and changes to this chapter.

     (4) Voluntary reporting. A person may choose to voluntarily report to ecology GHG emissions that are not required to be reported under subsection (1) or (2) of this section. Persons voluntarily reporting GHG emissions must use the methods established in WAC 173-441-120(3) and 173-441-130 to calculate any voluntarily reported GHG emissions.

     (5) Reporting requirements when emissions of greenhouse gases fall below reporting thresholds. Except as provided in this subsection, once a facility or supplier is subject to the requirements of this chapter, the person must continue for each year thereafter to comply with all requirements of this chapter, including the requirement to submit annual GHG reports, even if the facility or supplier does not meet the applicability requirements in subsection (1) or (2) of this section in a future year.

     (a) If reported emissions are less than ten thousand metric tons CO₂e per year for five consecutive years, then the person may discontinue complying with this chapter provided that the person submits a notification to ecology that announces the cessation of reporting and explains the reasons for the reduction in emissions. The notification shall be submitted no later than March 31st of the year immediately following the fifth consecutive year of emissions less than ten thousand tons CO₂e per year. The person must maintain the corresponding records required under WAC 173-441-050(6) for each of the five consecutive years and retain such records for three years following the year that reporting was discontinued. The person must resume reporting if annual emissions in any future calendar year increase above the thresholds in subsection (1) or (2) of this section.

     (b) If reported emissions are less than five thousand metric tons CO₂e per year for three consecutive years, then the person may discontinue complying with this chapter provided that the person submits a notification to ecology that announces the cessation of reporting and explains the reasons for the reduction in emissions. The notification shall be submitted no later than March 31st of the year immediately following the third consecutive year of emissions less than five thousand tons CO₂e per year. The person must maintain the corresponding records required under WAC 173-441-050(6) for each of the three consecutive years and retain such records for three years following the year that reporting was discontinued. The person must resume reporting if annual emissions in any future calendar year increase above the thresholds in subsection (1) or (2) of this section.

     (c) If the operations of a facility or supplier are changed such that all applicable GHG-emitting processes and operations listed in WAC 173-441-120 and 173-441-130 cease to operate, then the person is exempt from reporting in the years following the year in which cessation of such operations occurs, provided that the person submits a notification to ecology that announces the cessation of reporting and certifies to the closure of all GHG-emitting processes and operations. This provision does not apply to seasonal or other temporary cessation of operations. This provision does not apply to facilities with municipal solid waste landfills. The person must resume reporting for any future calendar year during which any of the GHG-emitting processes or operations resume operation.

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     (2) CO₂e conversion. Use Equation A-1 of WAC 173-441-030 (1)(b)(iii) and the global warming potentials listed in Table A-1 of this section to convert emissions into CO₂e.

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     (1) General. Follow the procedures for emission calculation, monitoring, quality assurance, missing data, recordkeeping, and reporting that are specified in each relevant section of this chapter.

     (2) Schedule. The annual GHG report must be submitted as follows:

     (a) Report submission due date:

     (i) A person required to report GHG emissions to the United States Environmental Protection Agency under 40 C.F.R. Part 98 must submit the report required under this chapter to ecology no later than March 31st of each calendar year for GHG emissions in the previous calendar year.

     (ii) A person not required to report GHG emissions to the United States Environmental Protection Agency under 40 C.F.R. Part 98 must submit the report required under this chapter to ecology no later than October 31st of each calendar year for GHG emissions in the previous calendar year.

     (b) Reporting requirements begin:

     (i) For an existing facility or supplier that began operation before January 1, 2012, report emissions for calendar year 2012 and each subsequent calendar year.

     (ii) For a new facility or supplier that begins operation on or after January 1, 2012, report emissions beginning with the first operating month and ending on December 31st of that year. Each subsequent annual report must cover emissions for the calendar year, beginning on January 1st and ending on December 31st.

     (iii) For any facility or supplier that becomes subject to this rule because of a physical or operational change that is made after January 1, 2012, report emissions for the first calendar year in which the change occurs.

     (A) Facilities begin reporting with the first month of the change and ending on December 31st of that year. For a facility that becomes subject to this rule solely because of an increase in hours of operation or level of production, the first month of the change is the month in which the increased hours of operation or level of production, if maintained for the remainder of the year, would cause the facility or supplier to exceed the applicable threshold.

     (B) Suppliers begin reporting January 1st and ending on December 31st the year of the change.

     (C) For both facilities and suppliers, each subsequent annual report must cover emissions for the calendar year, beginning on January 1st and ending on December 31st.

     (3) Content of the annual report. Each annual GHG report shall contain the following information:

     (a) Facility name or supplier name (as appropriate), facility or supplier ID number, and physical street address of the facility or supplier, including the city, state, and zip code.

     (b) Year and months covered by the report.

     (c) Date of submittal.

     (d) For facilities, report annual emissions of each GHG (as defined in WAC 173-441-020) as follows:

     (i) Annual emissions (including biogenic CO₂) aggregated for all GHGs from all applicable source categories in WAC 173-441-120 and expressed in metric tons of CO₂e calculated using Equation A-1 of WAC 173-441-030 (1)(b)(iii).

     (ii) Annual emissions of biogenic CO₂ aggregated for all applicable source categories in WAC 173-441-120 in metric tons. Units that use the methodologies in 40 C.F.R. Part 75 to calculate CO₂ mass emissions are not required to separately report biogenic CO₂ emissions, but may do so as an option.

     (iii) Annual emissions from each applicable source category in WAC 173-441-120, expressed in metric tons of each applicable GHG listed in subsections (3)(d)(iii)(A) through (E) of this section.

     (A) Biogenic CO₂. Units that use the methodologies in 40 C.F.R. Part 75 to calculate CO₂ mass emissions are not required to separately report biogenic CO₂ emissions, but may do so as an option.

     (B) CO₂ (including biogenic CO₂).

     (C) CH₄.

     (D) N₂O.

     (E) Each fluorinated GHG.

     (iv) Emissions and other data for individual units, processes, activities, and operations as specified in the "data reporting requirements" section of each applicable source category referenced in WAC 173-441-120.

     (v) Indicate whether reported emissions from the facility include emissions from a cogeneration unit (yes or no).

     (e) For suppliers, report the following information:

     (i) Annual emissions of CO₂, expressed in metric tons of CO₂, as required in subsections (3)(e)(i)(A) and (B) of this section that would be emitted from the complete combustion or oxidation of the fuels reported to DOL as sold in Washington state during the calendar year.

     (A) Aggregate biogenic CO₂.

     (B) Aggregate CO₂ (including nonbiogenic and biogenic CO₂).

     (ii) All contact information reported to DOL not included in (a) of this subsection.

     (f) A written explanation, as required under subsection (4) of this section, if you change emission calculation methodologies during the reporting period.

     (g) Each data element for which a missing data procedure was used according to the procedures of an applicable subpart referenced in WAC 173-441-120 and the total number of hours in the year that a missing data procedure was used for each data element.

     (h) A signed and dated certification statement provided by the designated representative of the owner or operator, according to the requirements of WAC 173-441-060 (5)(a).

     (i) NAICS code(s) that apply to the facility or supplier.

     (i) Primary NAICS code. Report the NAICS code(s) that most accurately describes the primary product/activity/service at the facility, based on revenue. The primary product/activity/service at the facility provides economic profit and is the principal source of revenue.

     (ii) Additional NAICS code(s). Report additional NAICS codes that correspond to product(s)/activity(s)/service(s) at the facility that provide economic profit, but that are not related to the principal source of revenue. If more than one additional NAICS code applies, list the additional NAICS codes in the order of the largest revenue to the smallest.

     (j) Legal name(s) and physical address(es) of the highest-level United States parent company(s) and the percentage of ownership interest for each listed parent company as of December 31st of the reporting year.

     (i) For reporting the United States parent company(s) and their percentage(s) of ownership interest, follow these instructions:

     (A) If the reporting entity is entirely owned by a single United States company that is not owned by another company, provide that company's legal name and physical address as the United States parent company and report one hundred percent ownership.

     (B) If the reporting entity is entirely owned by a single United States company that is, itself, owned by another company (e.g., it is a division or subsidiary of a higher-level company), provide the legal name and physical address of the highest-level company in the ownership hierarchy as the United States parent company and report one hundred percent ownership.

     (C) If the reporting entity is owned by more than one United States company (e.g., company A owns forty percent, company B owns thirty-five percent, and company C owns twenty-five percent), provide the legal names and physical addresses of all the companies with an ownership interest as the United States parent companies and report the percent ownership of each.

     (D) If the reporting entity is owned by a joint venture or a cooperative, the joint venture or cooperative is its own United States parent company. Provide the legal name and physical address of the joint venture or cooperative as the United States parent company, and report one hundred percent ownership by the joint venture or cooperative.

     (E) If the reporting entity is entirely owned by a foreign company, provide the legal name and physical address of the foreign company's highest-level company based in the United States as the United States parent company, and report one hundred percent ownership.

     (F) If the reporting entity is partially owned by a foreign company, provide the legal name and physical address of the foreign company's highest-level company based in the United States, along with the legal names and physical addresses of all the other companies with an ownership interest, as United States parent companies, and report the percent ownership of each of these companies.

     (G) If you are reporting for a federally owned facility, report "U.S. Government" and do not report physical address or percent ownership.

     (ii) Reserved.

     (4) Emission calculations. In preparing the GHG report, you must use the calculation methodologies specified in the relevant sections of this chapter. For each source category, you must use the same calculation methodology throughout a reporting period unless you provide a written explanation of why a change in methodology was required.

     (5) Verification. To verify the completeness and accuracy of reported GHG emissions, ecology may review the certification statements described in subsection (3)(h) of this section and any other credible evidence, in conjunction with a comprehensive review of the GHG reports and periodic audits of selected reporting facilities. Nothing in this section prohibits ecology from using additional information to verify the completeness and accuracy of the reports.

     (6) Recordkeeping. A person that reports GHGs under this chapter must keep records as specified in this subsection. Retain all required records for at least three years. The records shall be kept in an electronic or hard copy format (as appropriate) and recorded in a form that is suitable for expeditious inspection and review. Upon request by ecology, the records required under this section must be made available to ecology. Records may be retained off-site if the records are readily available for expeditious inspection and review. For records that are electronically generated or maintained, the equipment or software necessary to read the records shall be made available, or, if requested by ecology, electronic records shall be converted to paper documents. You must retain the following records, in addition to those records prescribed in each applicable section of this chapter:

     (a) A list of all units, operations, processes, and activities for which GHG emissions were calculated.

     (b) The data used to calculate the GHG emissions for each unit, operation, process, and activity, categorized by fuel or material type. These data include, but are not limited to, the following information:

     (i) The GHG emissions calculations and methods used.

     (ii) Analytical results for the development of site-specific emissions factors.

     (iii) The results of all required analyses for high heat value, carbon content, and other required fuel or feedstock parameters.

     (iv) Any facility operating data or process information used for the GHG emission calculations.

     (c) The annual GHG reports.

     (d) Missing data computations. For each missing data event, also retain a record of the cause of the event and the corrective actions taken to restore malfunctioning monitoring equipment.

     (e) Owners or operators required to report under WAC 173-441-030(1) must keep a written GHG monitoring plan.

     (i) At a minimum, the GHG monitoring plan shall include the following elements:

     (A) Identification of positions of responsibility (i.e., job titles) for collection of the emissions data.

     (B) Explanation of the processes and methods used to collect the necessary data for the GHG calculations.

     (C) Description of the procedures and methods that are used for quality assurance, maintenance, and repair of all continuous monitoring systems, flow meters, and other instrumentation used to provide data for the GHGs reported under this chapter.

     (ii) The GHG monitoring plan may rely on references to existing corporate documents (e.g., standard operating procedures, quality assurance programs under appendix F to 40 C.F.R. Part 60 or appendix B to 40 C.F.R. Part 75, and other documents) provided that the elements required by (e)(i) of this subsection are easily recognizable.

     (iii) The owner or operator shall revise the GHG monitoring plan as needed to reflect changes in production processes, monitoring instrumentation, and quality assurance procedures; or to improve procedures for the maintenance and repair of monitoring systems to reduce the frequency of monitoring equipment downtime.

     (iv) Upon request by ecology, the owner or operator shall make all information that is collected in conformance with the GHG monitoring plan available for review during an audit. Electronic storage of the information in the plan is permissible, provided that the information can be made available in hard copy upon request during an audit.

     (f) The results of all required certification and quality assurance tests of continuous monitoring systems, fuel flow meters, and other instrumentation used to provide data for the GHGs reported under this chapter.

     (g) Maintenance records for all continuous monitoring systems, flow meters, and other instrumentation used to provide data for the GHGs reported under this chapter.

     (h) Suppliers must retain any other data specified in WAC 173-441-130(5).

     (7) Annual GHG report revisions.

     (a) A person shall submit a revised annual GHG report within forty-five days of discovering that an annual GHG report that the person previously submitted contains one or more substantive errors. The revised report must correct all substantive errors.

     (b) Ecology may notify the person in writing that an annual GHG report previously submitted by the person contains one or more substantive errors. Such notification will identify each such substantive error. The person shall, within forty-five days of receipt of the notification, either resubmit the report that, for each identified substantive error, corrects the identified substantive error (in accordance with the applicable requirements of this chapter) or provide information demonstrating that the previously submitted report does not contain the identified substantive error or that the identified error is not a substantive error.

     (c) A substantive error is an error that impacts the quantity of GHG emissions reported or otherwise prevents the reported data from being validated or verified.

     (d) Notwithstanding (a) and (b) of this subsection, upon request by a person, ecology may provide reasonable extensions of the forty-five day period for submission of the revised report or information under (a) and (b) of this subsection. If ecology receives a request for extension of the forty-five day period, by e-mail to an address prescribed by ecology, at least two business days prior to the expiration of the forty-five day period, and ecology does not respond to the request by the end of such period, the extension request is deemed to be automatically granted for thirty more days. During the automatic thirty-day extension, ecology will determine what extension, if any, beyond the automatic extension is reasonable and will provide any such additional extension.

     (e) The owner or operator shall retain documentation for three years to support any revision made to an annual GHG report.

     (8) Calibration and accuracy requirements. The owner or operator of a facility that is subject to the requirements of this chapter must meet the applicable flow meter calibration and accuracy requirements of this subsection. The accuracy specifications in this subsection do not apply where either the use of company records (as defined in WAC 173-441-020(3)) or the use of "best available information" is specified in an applicable subsection of this chapter to quantify fuel usage and/or other parameters. Further, the provisions of this subsection do not apply to stationary fuel combustion units that use the methodologies in 40 C.F.R. Part 75 to calculate CO₂ mass emissions. Suppliers subject to the requirements of this chapter must meet the calibration accuracy requirements in chapters 308-72, 308-77, and 308-78 WAC.

     (a) Except as otherwise provided in (d) through (f) of this subsection, flow meters that measure liquid and gaseous fuel feed rates, process stream flow rates, or feedstock flow rates and provide data for the GHG emissions calculations, shall be calibrated prior to January 1, 2012, using the procedures specified in this subsection when such calibration is specified in a relevant section of this chapter. Each of these flow meters shall meet the applicable accuracy specification in (b) or (c) of this subsection. All other measurement devices (e.g., weighing devices) that are required by a relevant subsection of this chapter, and that are used to provide data for the GHG emissions calculations, shall also be calibrated prior to January 1, 2012; however, the accuracy specifications in (b) and (c) of this subsection do not apply to these devices. Rather, each of these measurement devices shall be calibrated to meet the accuracy requirement specified for the device in the applicable subsection of this chapter, or, in the absence of such accuracy requirement, the device must be calibrated to an accuracy within the appropriate error range for the specific measurement technology, based on an applicable operating standard including, but not limited to, industry standards and manufacturer's specifications. The procedures and methods used to quality-assure the data from each measurement device shall be documented in the written monitoring plan, pursuant to subsection (6)(e)(i)(C) of this section.

     (i) All flow meters and other measurement devices that are subject to the provisions of this subsection must be calibrated according to one of the following: You may use the manufacturer's recommended procedures; an appropriate industry consensus standard method; or a method specified in a relevant section of this chapter. The calibration method(s) used shall be documented in the monitoring plan required under subsection (6)(e) of this section.

     (ii) For facilities and suppliers that become subject to this chapter after January 1, 2012, all flow meters and other measurement devices (if any) that are required by the relevant subsection(s) of this chapter to provide data for the GHG emissions calculations shall be installed no later than the date on which data collection is required to begin using the measurement device, and the initial calibration(s) required by this subsection (if any) shall be performed no later than that date.

     (iii) Except as otherwise provided in (d) through (f) of this subsection, subsequent recalibrations of the flow meters and other measurement devices subject to the requirements of this subsection shall be performed at one of the following frequencies:

     (A) You may use the frequency specified in each applicable subsection of this chapter.

     (B) You may use the frequency recommended by the manufacturer or by an industry consensus standard practice, if no recalibration frequency is specified in an applicable subsection.

     (b) Perform all flow meter calibration at measurement points that are representative of the normal operating range of the meter. Except for the orifice, nozzle, and venturi flow meters described in (c) of this subsection, calculate the calibration error at each measurement point using Equation A–2 of this subsection. The terms "R" and "A" in Equation A–2 must be expressed in consistent units of measure (e.g., gallons/minute, ft³/min). The calibration error at each measurement point shall not exceed 5.0 percent of the reference value.

CE	=	|R-A|	X	100	(Eq. A-2)
		R

Where:

CE	=	Calibration error	(%)
R	=	Reference value
A	=	Flow meter response to the reference value

     (c) For orifice, nozzle, and venturi flow meters, the initial quality assurance consists of in situ calibration of the differential pressure (delta-P), total pressure, and temperature transmitters.

     (i) Calibrate each transmitter at a zero point and at least one upscale point. Fixed reference points, such as the freezing point of water, may be used for temperature transmitter calibrations. Calculate the calibration error of each transmitter at each measurement point, using Equation A–3 of this subsection. The terms "R", "A", and "FS" in Equation A–3 of this subsection must be in consistent units of measure (e.g., milliamperes, inches of water, psi, degrees). For each transmitter, the CE value at each measurement point shall not exceed 2.0 percent of full-scale. Alternatively, the results are acceptable if the sum of the calculated CE values for the three transmitters at each calibration level (i.e., at the zero level and at each upscale level) does not exceed 6.0 percent.

CE	=	|R-A|	X	100	(Eq. A-3)
		FS

Where:

CE	=	Calibration error	(%)
R	=	Reference value
A	=	Transmitter response to the reference value
FS	=	Full-scale value of the transmitter

     (ii) In cases where there are only two transmitters (i.e., differential pressure and either temperature or total pressure) in the immediate vicinity of the flow meter's primary element (e.g., the orifice plate), or when there is only a differential pressure transmitter in close proximity to the primary element, calibration of these existing transmitters to a CE of 2.0 percent or less at each measurement point is still required, in accordance with (c)(i) of this subsection; alternatively, when two transmitters are calibrated, the results are acceptable if the sum of the CE values for the two transmitters at each calibration level does not exceed 4.0 percent. However, note that installation and calibration of an additional transmitter (or transmitters) at the flow monitor location to measure temperature or total pressure or both is not required in these cases. Instead, you may use assumed values for temperature and/or total pressure, based on measurements of these parameters at a remote location (or locations), provided that the following conditions are met:

     (A) You must demonstrate that measurements at the remote location(s) can, when appropriate correction factors are applied, reliably and accurately represent the actual temperature or total pressure at the flow meter under all expected ambient conditions.

     (B) You must make all temperature and/or total pressure measurements in the demonstration described in (c)(ii)(A) of this subsection with calibrated gauges, sensors, transmitters, or other appropriate measurement devices. At a minimum, calibrate each of these devices to an accuracy within the appropriate error range for the specific measurement technology, according to one of the following: You may calibrate using an industry consensus standards or a manufacturer's specification.

     (C) You must document the methods used for the demonstration described in (c)(ii)(A) of this subsection in the written monitoring plan under subsection (6)(e)(i)(C) of this section. You must also include the data from the demonstration, the mathematical correlation(s) between the remote readings and actual flow meter conditions derived from the data, and any supporting engineering calculations in the monitoring plan. You must maintain all of this information in a format suitable for auditing and inspection.

     (D) You must use the mathematical correlation(s) derived from the demonstration described in (c)(ii)(A) of this subsection to convert the remote temperature or the total pressure readings, or both, to the actual temperature or total pressure at the flow meter, or both, on a daily basis. You shall then use the actual temperature and total pressure values to correct the measured flow rates to standard conditions.

     (E) You shall periodically check the correlation(s) between the remote and actual readings (at least once a year), and make any necessary adjustments to the mathematical relationship(s).

     (d) Fuel billing meters are exempted from the calibration requirements of this section and from the monitoring plan and recordkeeping provisions of subsections (6)(e)(i)(C) and (g) of this section, provided that the fuel supplier and any unit combusting the fuel do not have any common owners and are not owned by subsidiaries or affiliates of the same company. Meters used exclusively to measure the flow rates of fuels that are used for unit startup or ignition are also exempted from the calibration requirements of this section.

     (e) For a flow meter that has been previously calibrated in accordance with (a) of this subsection, an additional calibration is not required by the date specified in (a) of this subsection if, as of that date, the previous calibration is still active (i.e., the device is not yet due for recalibration because the time interval between successive calibrations has not elapsed). In this case, the deadline for the successive calibrations of the flow meter shall be set according to one of the following: You may use either the manufacturer's recommended calibration schedule or you may use the industry consensus calibration schedule.

     (f) For units and processes that operate continuously with infrequent outages, it may not be possible to meet the deadline established in (a) of this subsection for the initial calibration of a flow meter or other measurement device without disrupting normal process operation. In such cases, the owner or operator may postpone the initial calibration until the next scheduled maintenance outage. The best available information from company records may be used in the interim. The subsequent required recalibrations of the flow meters may be similarly postponed. Such postponements shall be documented in the monitoring plan that is required under subsection (6)(e) of this section.

     (g) If the results of an initial calibration or a recalibration fail to meet the required accuracy specification, data from the flow meter shall be considered invalid, beginning with the hour of the failed calibration and continuing until a successful calibration is completed. You shall follow the missing data provisions provided in the relevant missing data sections during the period of data invalidation.

     (9) Measurement device installation. 40 C.F.R. Part 98.3(j) and 40 C.F.R. Part 98.3(d) as effective on or proposed by August 1, 2010 are adopted by reference as modified in WAC 173-441-120(2).

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     (2) Authorization of a designated representative. The designated representative of the facility or supplier shall be an individual selected by an agreement binding on the owners and operators of such facility or supplier and shall act in accordance with the certification statement in subsection (9)(d)(iv) of this section.

     (3) Responsibility of the designated representative. Upon receipt by ecology of a complete certificate of representation under this section for a facility or supplier, the designated representative identified in such certificate of representation shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of such facility or supplier in all matters pertaining to this chapter, notwithstanding any agreement between the designated representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the designated representative by ecology, pollution control hearings board, or a court.

     (4) Timing. No GHG emissions report or other submissions under this chapter for a facility or supplier will be accepted until ecology has received a complete certificate of representation under this section for a designated representative of the facility or supplier. Such certificate of representation shall be submitted at least sixty days before the deadline for submission of the facility's or supplier's initial emission report under this chapter.

     (5) Certification of the GHG emissions report. Each GHG emission report and any other submission under this chapter for a facility or supplier shall be certified, signed, and submitted by the designated representative or any alternate designated representative of the facility or supplier in accordance with this section and 40 C.F.R. Part 3.10 as published on July 1, 2009.

     (a) Each such submission shall include the following certification statement signed by the designated representative or any alternate designated representative: "I am authorized to make this submission on behalf of the owners and operators of the facility or supplier, as applicable, for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."

     (b) Ecology will accept a GHG emission report or other submission for a facility or supplier under this chapter only if the submission is certified, signed, and submitted in accordance with this section.

     (6) Alternate designated representative. A certificate of representation under this section for a facility or supplier may designate one alternate designated representative, who shall be an individual selected by an agreement binding on the owners and operators, and may act on behalf of the designated representative, of such facility or supplier. The agreement by which the alternate designated representative is selected shall include a procedure for authorizing the alternate designated representative to act in lieu of the designated representative.

     (a) Upon receipt by ecology of a complete certificate of representation under this section for a facility or supplier identifying an alternate designated representative:

     (i) The alternate designated representative may act on behalf of the designated representative for such facility or supplier.

     (ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative.

     (b) Except in this section, whenever the term "designated representative" is used in this chapter, the term shall be construed to include the designated representative or any alternate designated representative.

     (7) Changing a designated representative or alternate designated representative. The designated representative or alternate designated representative identified in a complete certificate of representation under this section for a facility or supplier received by ecology may be changed at any time upon receipt by ecology of another later signed, complete certificate of representation under this section for the facility or supplier. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative or the previous alternate designated representative of the facility or supplier before the time and date when ecology receives such later signed certificate of representation shall be binding on the new designated representative and the owners and operators of the facility or supplier.

     (8) Changes in owners and operators. In the event an owner or operator of the facility or supplier is not included in the list of owners and operators in the certificate of representation under this section for the facility or supplier, such owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the designated representative and any alternate designated representative of the facility or supplier, as if the owner or operator were included in such list. Within ninety days after any change in the owners and operators of the facility or supplier (including the addition of a new owner or operator), the designated representative or any alternate designated representative shall submit a certificate of representation that is complete under this section except that such list shall be amended to reflect the change. If the designated representative or alternate designated representative determines at any time that an owner or operator of the facility or supplier is not included in such list and such exclusion is not the result of a change in the owners and operators, the designated representative or any alternate designated representative shall submit, within ninety days of making such determination, a certificate of representation that is complete under this section except that such list shall be amended to include such owner or operator.

     (9) Certificate of representation. A certificate of representation shall be complete if it includes the following elements in a format prescribed by ecology in accordance with this section:

     (a) Identification of the facility or supplier for which the certificate of representation is submitted.

     (b) The name, organization name (company affiliation-employer), address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative.

     (c) A list of the owners and operators of the facility or supplier identified in (a) of this subsection, provided that, if the list includes the operators of the facility or supplier and the owners with control of the facility or supplier, the failure to include any other owners shall not make the certificate of representation incomplete.

     (d) The following certification statements by the designated representative and any alternate designated representative:

     (i) "I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the facility or binding on the supplier, as applicable."

     (ii) "I certify that I have all the necessary authority to carry out my duties and responsibilities under chapter 173-441 WAC on behalf of the owners and operators of the facility and on behalf of suppliers, as applicable, and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions."

     (iii) "I certify that the supplier or owners and operators of the facility, as applicable, shall be bound by any order issued to me by ecology, the pollution control hearings board, or a court regarding the facility or supplier."

     (iv) "If there are multiple owners and operators of the facility or multiple suppliers, as applicable, I certify that I have given a written notice of my selection as the 'designated representative' or 'alternate designated representative,' as applicable, and of the agreement by which I was selected to each owner and operator of the facility and each supplier."

     (e) The signature of the designated representative and any alternate designated representative and the dates signed.

     (10) Documents of agreement. Unless otherwise required by ecology, documents of agreement referred to in the certificate of representation shall not be submitted to ecology. Ecology shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

     (11) Binding nature of the certificate of representation. Once a complete certificate of representation under this section for a facility or supplier has been received, ecology will rely on the certificate of representation unless and until a later signed, complete certificate of representation under this section for the facility or supplier is received by ecology.

     (12) Objections concerning a designated representative.

     (a) Except as provided in subsection (7) of this section, no objection or other communication submitted to ecology concerning the authorization, or any representation, action, inaction, or submission, of the designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative, or the finality of any decision or order by ecology under this chapter.

     (b) Ecology will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative.

     (13) Delegation by designated representative and alternate designated representative.

     (a) A designated representative or an alternate designated representative may delegate his or her own authority, to one or more individuals, to submit an electronic submission to ecology provided for or required under this chapter, except for a submission under this subsection.

     (b) In order to delegate his or her own authority, to one or more individuals, to submit an electronic submission to ecology in accordance with (a) of this subsection, the designated representative or alternate designated representative must submit electronically to ecology a notice of delegation, in a format prescribed by ecology, that includes the following elements:

     (i) The name, organization name (company affiliation-employer), address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative.

     (ii) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such individual (referred to as an "agent").

     (iii) For each such individual, a list of the type or types of electronic submissions under (a) of this subsection for which authority is delegated to him or her.

     (iv) For each type of electronic submission listed in accordance with subsection (13)(b)(iii) of this section, the facility or supplier for which the electronic submission may be made.

     (v) The following certification statements by such designated representative or alternate designated representative:

     (A) "I agree that any electronic submission to ecology that is by an agent identified in this notice of delegation and of a type listed, and for a facility or supplier designated, for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as applicable, and before this notice of delegation is superseded by another notice of delegation under WAC 173-441-060 (13)(c) shall be deemed to be an electronic submission certified, signed, and submitted by me."

     (B) "Until this notice of delegation is superseded by a later signed notice of delegation under WAC 173-441-060 (13)(c), I agree to maintain an e-mail account and to notify ecology immediately of any change in my e-mail address unless all delegation of authority by me under WAC 173-441-060(13) is terminated."

     (vi) The signature of such designated representative or alternate designated representative and the date signed.

     (c) A notice of delegation submitted in accordance with (b) of this subsection shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by ecology and until receipt by ecology of another such notice that was signed later by such designated representative or alternate designated representative, as applicable. The later signed notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.

     (d) Any electronic submission covered by the certification in (b)(v)(A) of this subsection and made in accordance with a notice of delegation effective under (c) of this subsection shall be deemed to be an electronic submission certified, signed, and submitted by the designated representative or alternate designated representative submitting such notice of delegation.

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     (2) Table A–2 of this section provides a conversion table for some of the common units of measure used in this chapter.

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     (2) Enforcement responsibility. Ecology shall enforce the requirements of this chapter unless ecology approves a local air authority's request to enforce the requirements for persons operating within the authority's jurisdiction.

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     (2) Fee eligible activities. All costs of activities associated with administering this reporting program, as described in RCW 70.94.151(2), are fee eligible.

     (3) Workload analysis and budget development. Each biennium, ecology must conduct a workload analysis and develop a budget based on the process outlined below:

     (a) Ecology must conduct a workload analysis projecting resource requirements for administering the reporting program, organized by categories of fee eligible activities, for the purpose of preparing the budget. Ecology must prepare the workload analysis for the two-year period corresponding to each biennium. The workload analysis must identify the fee eligible administrative activities related to the reporting program that it will perform during the biennium and must estimate the resources required to perform these activities.

     (b) Ecology must prepare a budget for administering the reporting program for the two-year period corresponding to each biennium. Ecology must base the budget on the resource requirements identified in the workload analysis for the biennium and must take into account the reporting program account balance at the start of the biennium.

     (4) Allocation methodology. Ecology must allocate the reporting program budget among the persons required to report or voluntarily reporting under WAC 173-441-030 according to the following components:

     (a) The reporting fee for an owner or operator of a facility required to report or voluntarily reporting under WAC 173-441-030 is calculated by the equal division of seventy-five percent of the budget amount by the total number of facilities reporting GHG emissions under this chapter in a given calendar year. A person required to report or voluntarily reporting multiple facilities under WAC 173-441-030 must pay a fee for each facility reported.

     (b) The reporting fee for a supplier required to report or voluntarily reporting under WAC 173-441-030 is calculated by the equal division of twenty-five percent of the budget amount by the total number of suppliers reporting GHG emissions under this chapter in a given calendar year.

     (c) A person required to report or voluntarily reporting under WAC 173-441-030 both as an owner or operator of a facility or facilities and as a supplier must pay a fee for each facility reported and a fee for reporting as a supplier.

     (5) Fee schedule. Ecology must issue annually a fee schedule reflecting the reporting fee to be paid per facility or supplier. Ecology must base the fee schedule on the budget and workload analysis described above and conducted each biennium. Ecology must publish the fee schedule for the following year on or before October 31st of each year.

     (6) Fee payments. Fees specified in this section must be paid within thirty days of receipt of ecology's billing statement. All fees collected under this chapter must be made payable to the Washington department of ecology. A late fee surcharge of fifty dollars or ten percent of the fee, whichever is more, may be assessed for any fee received after the thirty-day period.

     (7) Dedicated account. Ecology must deposit all reporting fees they collect in the air pollution control account.

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     (1) Source categories and calculation methods for facilities. An owner or operator of a facility subject to the requirements of this chapter must report GHG emissions, including GHG emissions from biomass, from all applicable source categories in Washington state listed in Table 120-1 of this section using the methods incorporated by reference in Table 120-1. Table 120-1 and subsection (2) of this section list modifications and exceptions to calculation methods adopted by reference in this section. Owners or operators are not required to report facility GHG emissions unless the emissions are referenced in Table 120-1, even if the source category to which the facility belongs is referenced in another source category that is listed in Table 120-1.

     (a) Wherever the term "administrator" is used in the rules incorporated by reference in this chapter, the term "director" shall be substituted.

     (b) Wherever the term "EPA" is used in the rules incorporated by reference in this chapter, the term "ecology" shall be substituted.

     (c) Wherever the term "United States" is used in the rules incorporated by reference in this chapter, the term "Washington state" shall be substituted.

     (d) Wherever a calculation method adopted by reference in Table 120-1 of this section refers to another subpart or paragraph of 40 C.F.R. Part 98:

     (i) If Table 120-2 of this section lists the reference, then replace the reference with the corresponding reference to this chapter as specified in Table 120-2.

     (ii) If the reference is to a subpart or subsection of a reference listed in Table 120-2 of this section, then replace the reference with the appropriate subsection of the corresponding reference to this chapter as specified in Table 120-2.

     (iii) If the reference is to a subpart or paragraph of 40 C.F.R. Part 98 Subparts C through TT incorporated by reference in Table 120-1, then use the existing reference except as modified by this chapter.

     (e) For manure management, use the following subsections instead of the corresponding subsections in 40 C.F.R. Part 98.360 as effective on August 1, 2010.

     (i) 40 C.F.R. Part 98.360(a): This source category consists of livestock facilities with manure management systems.

     (A) § 98.360 (a)(1) is not adopted by reference.

     (B) § 98.360 (a)(2) is not adopted by reference.

     (ii) 40 C.F.R. Part 98.360(b): A manure management system (MMS) is a system that stabilizes and/or stores livestock manure, litter, or manure wastewater in one or more of the following system components: Uncovered anaerobic lagoons, liquid/slurry systems with and without crust covers (including, but not limited to, ponds and tanks), storage pits, digesters, solid manure storage, dry lots (including feedlots), high-rise houses for poultry production (poultry without litter), poultry production with litter, deep bedding systems for cattle and swine, manure composting, and aerobic treatment.

     (iii) 40 C.F.R. Part 98.360(c): This source category does not include system components at a livestock facility that are unrelated to the stabilization and/or storage of manure such as daily spread or pasture/range/paddock systems or land application activities or any method of manure utilization that is not listed in § 98.360(b) as modified in WAC 173-441-120 (2)(e)(ii).

     (iv) 40 C.F.R. Part 98.360(d): This source category does not include manure management activities located off-site from a livestock facility or off-site manure composting operations.

     (v) 40 C.F.R. Part 98.361: Livestock facilities must report GHG emissions under this subpart if the facility contains a manure management system as defined in 98.360(b) as modified in WAC 173-441-120 (2)(e)(ii), and meets the requirements of WAC 173-441-030(1).

     (vi) 40 C.F.R. Part 98.362 (b) and (c) are not adopted by reference.

     (vii) 40 C.F.R. Part 98.362(a), 40 C.F.R. Part 98.363 through 40 C.F.R. Part 98.368, Equations JJ-2 through JJ-15, and Tables JJ-2 through JJ-7 as effective on August 1, 2010, remain unchanged unless otherwise modified in this chapter.

     (viii) CO₂ from combustion of gas from manure management must also be included in calculating emissions for reporting and determining if the reporting threshold is met.

     (f) Use the following method to obtain specific version or date references for any reference in 40 C.F.R. Part 98 that refers to any document not contained in 40 C.F.R. Part 98:

     (i) If the reference in 40 C.F.R. Part 98 includes a specific version or date reference, then use the version or date as specified in 40 C.F.R. Part 98.

     (ii) If the reference in 40 C.F.R. Part 98 does not include a specific version or date reference, then use the version of the referenced document as available on the date of adoption of this chapter.

     (a) If the GHG emissions have calculation methods specified in Table 120-1 of this section, use the methods specified in Table 120-1.

     (b) If the GHG emissions have calculation methods specified in WAC 173-441-130, use the methods specified in WAC 173-441-130.

     (c) For all GHG emissions from facilities not covered in Table 120-1 of this section or persons supplying any product other than those listed in WAC 173-441-130, contact ecology for an appropriate calculation method no later than one hundred eighty days prior to the emissions report deadline established in WAC 173-441-050(2) or submit a petition for alternative calculation methods according to the requirements of WAC 173-441-140.

     (4) Alternative calculation methods approved by petition. An owner or operator may petition ecology to use calculation methods other than those specified in Table 120-1 of this section to calculate its facility GHG emissions. Such alternative calculation methods must be approved by ecology prior to reporting and must meet the requirements of WAC 173-441-140.

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     (1) Applicable fuels. Suppliers are responsible for calculating CO₂ emissions from the following applicable fossil fuels and biomass derived fuels:

     (a) All taxed liquid motor vehicle fuel that the supplier is required to report to DOL as part of the supplier's filed periodic tax reports of motor vehicle fuel sales under chapter 308-72 WAC.

     (b) All taxed special fuel that the supplier is required to report to DOL as part of the supplier's filed periodic tax reports of special fuel sales under chapter 308-77 WAC.

     (c) All taxed and untaxed aircraft fuel supplied to end users that the supplier is required to report to DOL as part of the supplier's filed periodic tax reports of aircraft fuel under chapter 308-78 WAC.

     (2) Calculating CO₂ emissions separately for each fuel type. CO₂ emissions must be calculated separately for each applicable fuel type using Equation 130-1 of this section. Use Equation 130-2 of this section to separate each blended fuel into pure fuel types prior to calculating emissions using Equation 130-1.

CO2i

=

Fuel Typei

X

EFi

(Eq. 130 - 1)

Where:

CO2i	=	Annual CO2 emissions that would result from the complete combustion or oxidation of each fuel type "i" (metric tons)
Fuel Typei	=	Annual volume of fuel type "i" supplied by the supplier (gallons).
EFi	=	Fuel type-specific CO2 emission factor (metric tons CO2 per gallon) found in Table 130-1 of this section.

Fuel Typei

=

Fueli

X

%Voli

(Eq. 130 - 2)

Where:

Fuel Typei	=	Annual volume of fuel type "i" supplied by the supplier (gallons).
Fueli	=	Annual volume of blended fuel "i" supplied by the supplier (gallons).
%Voli	=	Percent volume of product "i" that is fuel typei.

     (3) Calculating total CO₂ emissions. A supplier must calculate total annual CO₂ emissions from all fuels using Equation 130-3 of this section.

Where:

CO2x	=	Annual CO2 emissions that would result from the complete combustion or oxidation of all fuels (metric tons).
CO2i	=	Annual CO2 emissions that would result from the complete combustion or oxidation of each fuel type "i" (gallons).

     (4) Monitoring and QA/QC requirements. Comply with all monitoring and QA/QC requirements under chapters 308-72, 308-77, and 308-78 WAC.

     (5) Data recordkeeping requirements. In addition to the annual GHG report required by WAC 173-441-050 (6)(c), the following records must be retained by the supplier in accordance with the requirements established in WAC 173-441-050(6):

     (a) For each fuel type listed in Table 130-1 of this section, the annual quantity of applicable fuel in gallons of pure fuel supplied in Washington state.

     (b) The CO₂ emissions in metric tons that would result from the complete combustion or oxidation of each fuel type for which subsection (5)(a) of this section requires records to be retained, calculated according to subsection (2) of this section.

     (c) The sum of biogenic CO₂ emissions that would result from the complete combustion oxidation of all supplied fuels, calculated according to subsection (3) of this section.

     (d) The sum of nonbiogenic and biogenic CO₂ emissions that would result from the complete combustion oxidation of all supplied fuels, calculated according to subsection (3) of this section.

     (e) All records required under chapters 308-72, 308-77, and 308-78 WAC in the format required by DOL.

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     (1) Petition submittal. An owner or operator must submit a petition that meets the following conditions before ecology may review the petition and issue a determination.

     (a) An owner or operator must submit a complete petition no later than one hundred eighty days prior to the emissions report deadline established in WAC 173-441-050(2). Such petition must include sufficient information, as described in (b) of this subsection, for ecology to determine whether the proposed alternative calculation method will provide emissions data sufficient to meet the reporting requirements of RCW 70.94.151. Ecology will notify the owner or operator within thirty days of receipt of a petition of any additional information ecology requires to approve the proposed calculation methods in the petition. If a petition is under review by ecology at the time an annual emissions report is due under WAC 173-441-050(2), the owner or operator must submit the emissions report using the calculation methods approved under this chapter at the time of submittal of the emissions report.

     (b) The petition must include, at a minimum, the following information:

     (i) Identifying information as specified in WAC 173-441-060 (9)(b) and 173-441-060 (13)(b)(ii) of the designated representative and any agent submitting a petition;

     (ii) Identifying information as specified in WAC 173-441-050 (3)(a) of the facility or facilities where the owner or operator proposes to use the alternative calculation method;

     (iii) A clear and complete reference to the subparts or sections in EPA's mandatory greenhouse gas reporting regulation that contain the alternative calculation method and the date that EPA adopted the subparts or sections;

     (iv) The source categories that will use the alternative calculation method;

     (v) The date that the owner or operator intends to start using the alternative calculation method;

     (vi) Any other supporting data or information as requested by ecology as described in subsection (2) of this section; and

     (vii) The designated representative must sign and date the petition.

     (2) Ecology review of the petition. Ecology must approve the alternative calculation method before the owner or operator may use it to report GHG emissions. Ecology will issue a determination within sixty days of receiving a complete petition. The alternative calculation method must meet the following conditions:

     (a) For GHG emissions that meet the requirements of WAC 173-441-030(1) for mandatory reporting, the alternative calculation method must be a method adopted by the United States Environmental Protection Agency in its mandatory greenhouse gas reporting regulation. The alternative calculation method must be more recent than the method for the given source category adopted by reference in WAC 173-441-120.

     (b) For GHG emissions reported voluntarily under WAC 173-441-030(4), ecology must apply the following criteria when evaluating an alternative calculation method:

     (i) If the GHG emissions are covered by a source category adopted by reference in WAC 173-441-120, then the requirements of (a) of this subsection apply.

     (ii) If the GHG emissions are not covered by a source category adopted by reference in WAC 173-441-120 or 173-441-130, then ecology must consider whether the methods meet the following criteria:

     (A) The alternative calculation method is established by a nationally or internationally recognized body in the field of GHG emissions reporting such as:

     (I) Ecology;

     (II) EPA;

     (III) The International Panel on Climate Change;

     (IV) The Western Climate Initiative;

     (V) The Climate Registry;

     (B) If an alternative calculation method is not available from sources listed in (b)(ii)(A) of this subsection, then ecology may accept a method from an industry or trade association or devised by the owner or operator if ecology determines the alternative calculation method is consistent with the requirements established under RCW 70.94.151.

     (c) For all source categories, including those covered in (a) and (b) of this subsection, the alternative calculation method must be consistent in content and scope with the requirements established under RCW 70.94.151. In the event that a proposed alternative calculation method does not include all required GHG emissions, the owner or operator must use the calculation methods specified in subsection (3) of this section to calculate those emissions.

     (3) Calculating emissions not included in alternative calculation method. An owner or operator must report all source categories of GHG emissions for which reporting is required under RCW 70.94.151 and for which calculation methods have been established in WAC 173-441-120 or 173-441-130. If an approved alternative calculation method does not include calculation methods for all required source categories of emissions, then the owner or operator must use a method described in WAC 173-441-120, 173-441-130, or approved for the owner or operator by ecology in a separate petition to calculate and report those emissions.

     (4) Appeal of determination. An approval or denial issued by ecology in response to a written petition filed under this subsection is a determination appealable to the pollution control hearings board per RCW 43.21B.110 (1)(h).

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     (2) Any proprietary or confidential information exempt from disclosure when reported to DOL that ecology obtains directly from DOL remains exempt from disclosure.

     (3) Information considered confidential by EPA is not considered confidential by ecology unless it also meets the conditions established in subsection (2) or (4) of this section.

     (4) Any person submitting information to ecology under this chapter may request that ecology keep information that is not emissions data confidential as proprietary information under RCW 70.94.205 or because it is otherwise exempt from public disclosure under the Washington Public Records Act (chapter 42.56 RCW). All such requests for confidentiality must meet the requirements of RCW 70.94.205.

     (5) Ecology's determinations of the verification status of each report are public information. All confidential data used in the verification process will remain confidential.

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     (2) Ecology must share with the energy facility site evaluation council any information reported to ecology under these rules by facilities permitted by the council, including notice of a facility that has failed to report as required.

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