WSR 19-21-123
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 19-08—Filed October 18, 2019, 1:39 p.m.]
Subject of Possible Rule Making: The Washington department of ecology (ecology) is beginning rule making for chapter 173-444 WAC, Clean energy transformation rule, to implement parts of the Washington Clean Energy Transformation Act (CETA, chapter
19.405 RCW), which was passed into law in 2019.
We will address the following in this rule:
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| • | Establishing a process for determining what types of energy transformation projects may be eligible for compliance with CETA. |
| • | Establishing a process and requirements for developing the standards, methodologies, and procedures for evaluating energy transformation projects. |
| • | Providing greenhouse gas emission factors for electricity. |
This new rule will affect electric utilities covered by CETA, and be of interest to energy-related project developers and parties interested in the implementation of CETA.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter
19.405 RCW, Washington CETA.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: CETA directs ecology to adopt rules, by January 1, 2021, that:
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| • | Establish requirements for energy-related projects that reduce greenhouse gas emissions and fossil fuel consumption, referred to as energy transformation projects, in consultation with the utilities and transportation commission (UTC) and the department of commerce (commerce). Electric utilities may use these energy transformation projects as an alternative compliance option to meet the greenhouse gas neutral standard under CETA. |
| • | Determine greenhouse gas emission factors for electricity, in consultation with commerce. |
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Commerce and UTC are the primary agencies implementing CETA. Ecology will consult with commerce and UTC periodically to meet the goal of CETA.
Process for Developing New Rule: Ecology will follow the standard process for adoption of rules under the Administrative Procedure Act (chapter
34.05 RCW).
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Debebe Dererie, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 360-407-7558, people with speech disability may call TTY at 877-833-6341, people with impaired hearing may call Washington relay service at 711, email debebe.dererie@ecy.wa.gov, website https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC-173-444, to receive email notices on this rule making, sign up here http://listserv.ecology.wa.gov/scripts/wa-ECOLOGY.exe?SUBED1=ECOLOGY-CLEAN-ENERGY-UPDATES&A=1.
Additional comments: Interested parties can stay informed about the rule making and public involvement opportunities as described above. Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development.
October 18, 2019
Cullen D. Stephenson
for Kathy Taylor
Air Quality Program Manager