Current through Register Vol. 24-06, March 15, 2024
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1)
Definitions specific to this
chapter:
(a) " 40 C.F.R. Part 98 " or "
40 C.F.R. § 98 " means the United States Environmental Protection Agency's
Mandatory Greenhouse Gas Reporting regulation including any applicable
subparts. All references are adopted by reference as if it was copied into this
rule. References mentioned in this rule are adopted as they exist on February
9, 2022, or the adoption date in WAC
173-400-025(1),
whichever is later.
(b) "Asset
controlling supplier" or "ACS" means any entity that owns or operates
interconnected electricity generating facilities or serves as an exclusive
marketer for these facilities even though it does not own them, and has been
designated by the department and received a department-published emissions
factor for the wholesale electricity procured from its system. Electricity from
an asset controlling supplier is considered a specified source of
electricity.
(c) "Biomass" means
nonfossilized and biodegradable organic material originating from plants,
animals, or microorganisms, including products, by-products, residues and waste
from agriculture, forestry, and related industries as well as the nonfossilized
and biodegradable organic fractions of industrial and municipal wastes,
including gases and liquids recovered from the decomposition of nonfossilized
and biodegradable organic material.
(d) "Carbon dioxide equivalent" or
"CO2e" means a metric measure used to compare the
emissions from various greenhouse gases based upon their global warming
potential.
(e) "Director" means the
director of the department of ecology.
(f) "Ecology" means the Washington state
department of ecology.
(g)
"Electric power entity" includes any of the following that supply electric
power in Washington:
(i) Electricity importers
and exporters;
(ii) retail
providers, including multi jurisdictional retail providers; and
(iii) the asset controlling suppliers. See
WAC 173-441-124 for more detail.
(h) "Facility" unless otherwise specified in
WAC 173-441-122, 173-441-124, or any subpart of 40 C.F.R. Part 98 as adopted in
WAC
173-441-120,
means any physical property, plant, building, structure, source, or stationary
equipment located on one or more contiguous or adjacent properties in actual
physical contact or separated solely by a public roadway or other public right
of way and under common ownership or common control, that emits or may emit any
greenhouse gas. Operators of military installations may classify such
installations as more than a single facility based on distinct and independent
functional groupings within contiguous military properties.
(i) "Fuel products" means petroleum products,
biomass-de-rived fuels, coal-based liquid fuels, natural gas, biogas, and
liquid petroleum gas as established in 40 C.F.R. Part 98 Subparts LL through
NN. Renewable or biogenic versions of fuel products listed in Tables MM-1 or
NN-1 of 40 C.F.R. Part 98 are also considered fuel products. Assume complete
combustion or oxidation of fuel products when calculating GHG
emissions.
(j) "Fuel supplier"
means any of the following suppliers of fuel products: (See WAC 173-441-122 for
more detail.)
(i) A supplier of fossil fuel
other than natural gas, including:
(A) A
supplier of petroleum products;
(B)
A supplier of liquid petroleum gas;
(C) A supplier of coal-based liquid fuels.
(ii) A supplier of
biomass-derived fuels;
(iii) A
supplier of natural gas, including:
(A)
Operators of interstate and intrastate pipelines;
(B) Suppliers of liquefied or compressed
natural gas;
(C) Natural gas liquid
fractionators;
(D) Local
distribution companies.
(k) "Greenhouse gas," "greenhouse gases,"
"GHG," and "GHGs" includes carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Beginning on
January 1, 2012, "greenhouse gas" also includes any other gas or gases
designated by ecology by rule in Table A-1 in WAC
173-441-040.
(l) "Operator" means any individual or
organization who operates or supervises a facility, supplier, or electric power
entity. The operator of an electric power entity may be the electric power
entity itself.
(m) "Owner" means
any individual or organization who has legal or equitable title to, has a
leasehold interest in, or control of a facility, supplier, or electric power
entity, except an individual or organization whose legal or equitable title to
or leasehold interest in the facility, supplier, or electric power entity
arises solely because the person is a limited partner in a partnership that has
legal or equitable title to, has a leasehold interest in, or control of the
facility, supplier, or electric power entity shall not be considered an "owner"
of the facility, supplier, or electric power entity.
(n) "Person" includes the owner or operator
of:
(i) A facility;
(ii) A supplier; or
(iii) An electric power entity.
(o) "Product data" means data
related to a facility's production that is part of the annual GHG
report.
(p) "Reporter" means any of
the following subject to this chapter:
(i) A
facility;
(ii) A supplier;
or
(iii) An electric power
entity.
(q) "Supplier"
means any person who is a:
(i) Fuel supplier
that produces, imports, or delivers, or any combination of producing,
importing, or delivering, fuel products in Washington; and
(ii) Supplier of carbon dioxide that
produces, imports, or delivers a quantity of carbon dioxide in Washington that,
if released, would result in emissions in
Washington.
(2)
Definitions specific to the Climate Commitment Act program. For
those terms not listed in subsection (1) of this section, WAC 173-441-122(2),
or 173-441-124(2), the definitions from chapter 70A.65 RCW, as described in
chapters 173-446 and 173-446A WAC apply in this chapter in order of
precedence.
(3)
Definitions
from 40 C.F.R. Part 98. For those terms not listed in subsection (1) or
(2) of this section, WAC 173-441-122(2), or 173-441-124(2), the definitions
found in
40
C.F.R. §
98.6 or a subpart as adopted in
this chapter, apply in this chapter as modified in WAC
173-441-120(2).
Statutory Authority: 2010 c 146, and chapters 70.235 and
70.94 RCW. 10-24-108 (Order 10-08),
§ 173-441-020, filed 12/1/10, effective
1/1/11.