WSR 18-10-105
PROPOSED RULES
DEPARTMENT OF COMMERCE
[Filed May 2, 2018, 10:18 a.m.]
Supplemental Notice to WSR 18-07-112.
Preproposal statement of inquiry was filed as WSR 17-14-065.
Title of Rule and Other Identifying Information: Chapter 194-26 WAC, determination of the average greenhouse gas emission output from new, commercially available combined cycle combustion turbines.
Hearing Location(s): On June 11, 2018, at 1 p.m., at the Washington State Department of Commerce, Columbia Room, 1011 Plum Street S.E., Olympia, WA 98501. A courtesy call-in line will be available to allow for comments to be provided by phone during the hearing. The call-in number is 360-407-3780 and PIN Code is 326990#. Participants choosing to provide oral comments via the conference line are advised to also submit written comments, in the event of technical difficulties.
Date of Intended Adoption: June 18, 2018.
Submit Written Comments to: Greg Nothstein, P.O. Box 42525, Olympia, WA 98504-2525, email greg.nothstein@commerce.wa.gov, by 5 p.m., June 14, 2018.
Assistance for Persons with Disabilities: Contact Carolee Sharp, phone 360-725-3118, TTY 360-586-0772, email carolee.sharp@commerce.wa.gov, by June 4, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Update the average greenhouse gas emission output from new, commercially available combined cycle combustion turbines.
Reasons Supporting Proposal: Updating the average greenhouse gas emission output from new, commercially available combined cycle combustion turbines every five years is required by statute.
Statutory Authority for Adoption: RCW 80.80.050.
Statute Being Implemented: RCW 80.80.040, 80.80.050.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of commerce, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Greg Nothstein, 1011 Plum Street S.E., Olympia, WA 98501, 360-725-3112.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Commerce is not an agency listed in RCW 34.05.328 (5)(a)(i) as one to which that statute applies.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: RCW 80.80.050 requires commerce to update the average greenhouse gas emission output from new, commercially available combined cycle combustion turbines every five years.
May 2, 2018
Jaime Rossman
Rules Coordinator
Chapter  194-26  WAC
AVERAGE AVAILABLE GREENHOUSE ((GAS)) GASES EMISSIONS OUTPUT FOR EMISSIONS PERFORMANCE STANDARD
AMENDATORY SECTION (Amending WSR 13-06-074, filed 3/6/13, effective 4/6/13)
WAC 194-26-010 Authority.
This chapter is promulgated pursuant to ((the authority granted in RCW 80.80.040, requiring the department of commerce to adopt the average available greenhouse gases emissions output as determined under RCW 80.80.050 as the greenhouse gas emissions performance standard for all baseload electric generation for which electric utilities enter into long-term financial commitments)) RCW 80.80.050, which requires the energy division of the department of commerce to survey new combined-cycle natural gas thermal electric generation turbines commercially available and offered for sale by manufacturers and purchased in the United States to determine the average rate of emissions of greenhouse gases for these turbines and adopt the average available greenhouse gases emissions output by rule every five years beginning five years after July 22, 2007.
AMENDATORY SECTION (Amending WSR 13-06-074, filed 3/6/13, effective 4/6/13)
WAC 194-26-020 Average available greenhouse ((gas)) gases emissions output.
(1) The energy ((policy)) division of the department of commerce has surveyed new combined-cycle natural gas thermal electric generation turbines commercially available and offered for sale by manufacturers and purchased in the United States, and finds the average ((rate of emissions of)) available greenhouse gases ((for these turbines)) emissions output to be nine hundred ((and seventy)) thirty pounds per megawatt-hour as of the effective date of this section.
(2) The purpose of this subsection is to provide historical values for the average available greenhouse gases emissions output established in WAC 194-26-020.
Average available greenhouse gases emissions output (lb GHG/MWh) – Historical Values
Date established by rule
Date superseded by rule
970
4/6/13
Effective date of this section