PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 20-02—Filed April 30, 2020, 11:27 a.m.]
Subject of Possible Rule Making: The department of ecology (ecology) is beginning rule making as per the directive of the Governor 19-18. The purpose of this rule making is to create a new rule under chapter 173-445 WAC, Greenhouse gas assessment for projects. This rule will address analysis and mitigation of greenhouse gas emissions for environmental assessments of industrial and fossil fuel projects.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 43.21C
RCW, State Environmental Policy Act; chapter 70.235
RCW, Limiting greenhouse gas emissions; chapter 70.94
RCW, Washington Clean Air Act.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rule is to adopt by September 1, 2021, per the directive of the Governor 19-18. The intent of this rule making is to provide consistent and comprehensive assessment methods for industrial and fossil fuel projects and to provide clarity and transparency to industry, the public, and agencies.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Ecology will notify and request input during rule making from state and local agencies who may be lead under the State Environmental Policy Act, United States Environmental Protection Agency, United States Army Corps of Engineers, state of Washington energy facility site evaluation council, Washington state clean air agencies, Washington state department of commerce, and Washington utilities and transportation commission.
Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter 34.05
RCW). During the rule development process, ecology will ask for feedback from stakeholders on rule language and key issues related to this rule making. Ecology will post rule-making information on our rule-making webpage and distribute it to our email lists.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Fran Sant, Rule-making Lead, Department of Ecology, Shorelands and Environmental Assistance, P.O. Box 47600, Olympia, WA 98504, phone 360-407-6004, for Washington relay service or TTY call 711 or 877-833-6341, email email@example.com, web site https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC-173-445, sign-up to receive Listserv announcements http://listserv.ecology.wa.gov/scripts/wa-ECOLOGY.exe?SUBED1=GAP-RULE&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.
April 30, 2020