WSR 24-06-013

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF COMMERCE

[Filed February 26, 2024, 1:17 p.m.]

Subject of Possible Rule Making: Average available greenhouse gas emissions output for emissions performance standard.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.80.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 80.80.050 requires that the department of commerce (commerce) updates the average available greenhouse gas emissions output every five years to reflect the greenhouse gas emissions rate of the average new combined cycle natural gas generating facility offered for sale and purchased in the United States. The current rate, established in WAC 194-26-020, is 925 pounds of greenhouse gas emissions per megawatt-hour.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Under RCW 80.80.040, both the department of ecology and energy facility site evaluation council have roles in developing and implementing the greenhouse gas emissions performance standard. Commerce will coordinate with these agencies throughout this rule's stakeholder engagement process.

Process for Developing New Rule: Standard rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Aaron Tam, 2001 6th Avenue, #2600, Seattle, WA 98121, phone 206-454-2251, email aaron.tam@commerce.wa.gov, website https://www.commerce.wa.gov/growing-the-economy/energy/emission-performance-standards/.

February 26, 2024

Amanda Hathaway

Legislative and Rules Coordinator