WSR 13-12-032



[ Order 13-03 -- Filed May 29, 2013, 11:48 a.m. ]

     Subject of Possible Rule Making: Ecology is starting rule making to set reasonably available control technology (RACT) to limit greenhouse gas emissions (GHG) from petroleum refineries. This rule making will propose a new chapter in Washington Administrative Code (WAC). The GHG Refinery RACT rule is required at this time to comply with a decision from the federal district court. The court order requires the rule be in effect by May 27, 2014.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.94 RCW provides authority to adopt rule changes under RCW 70.94.154, 70.94.030, 70.94.331.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In Washington Environmental Council v. Sturdevant, the U.S. District Court for the Western District of Washington decided that state regulations in Washington's federally approved air quality state implementation plan require ecology to establish RACT for petroleum refinery GHG emissions. Because the RACT analysis and determination affects three or more refineries, state law requires us to establish the new standards in a statewide rule.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The refineries affected by this rule making are located in the Northwest Clean Air Agency and Puget Sound Clean Air Agency jurisdictions. We will keep the agencies informed throughout our rule-development process with regularly scheduled phone calls, e-mail notifications, public notices, web postings, and public meetings.

     Process for Developing New Rule: This is a new rule creating new requirements as ordered by the district court. We will:

Ask for feedback from stakeholders on design and organization of the rule to make it as clear and streamlined as possible.
Use representatives of the petroleum refineries and the environmental groups as a target audience for additional review, in addition to ecology staff writers.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Margo Thompson, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600,, (360) 407-6827.

     Interested parties can participate in stakeholder meetings, contact ecology staff directly, and participate in the formal comment period. Interested parties can access more information on this rule making by contacting the ecology staff member listed below or accessing the ecology web site at or the air quality program web site at

May 29, 2013

Stu Clark

Air Quality Program Manager