Current through Register Vol. 24-06, March 15, 2024
The GHG reporting requirements and related monitoring,
recordkeeping, and reporting requirements of this chapter apply to the owners
and operators of any facility that meets the requirements of subsection (1) of
this section; any supplier that meets the requirements of subsection (2) of
this section; and any electric power entity that meets the requirements of
subsection (3) of this section. In determining whether reporting is required,
the requirements of each subsection must be applied independently of the
requirements of the other subsections. Research and development activities are
not considered to be part of any source category defined in this
chapter.
(1)
Facility
reporting. Reporting is mandatory for an owner or operator of any
facility located in Washington state with total GHG emissions that exceeds the
reporting threshold defined in (a) of this subsection. GHG emissions from all
applicable source categories listed in WAC
173-441-120
at the facility must be included when determining whether emissions from the
facility meet the reporting threshold.
(a)
Facility reporting threshold. Any facility that emits 10,000
metric tons CO2e or more per calendar year in total GHG
emissions from all applicable source categories listed in WAC
173-441-120
exceeds the reporting threshold.
(b)
Calculating facility emissions for
comparison to the thresh-old. To calculate GHG emissions for comparison
to the reporting threshold, the owner or operator must:
(i) Calculate the total annual emissions of
each GHG in metric tons from all applicable source categories that are listed
and defined in WAC
173-441-120.
The GHG emissions must be calculated using the calculation methodologies
specified in WAC
173-441-120
and available company records.
(ii)
Include emissions of all GHGs that are listed in Table A-1 of WAC
173-441-040,
including all GHG emissions from the combustion of biomass and all fugitive
releases of GHG emissions from biomass, calculated as provided in the
calculation methods referenced in Table 120-1.
(iii) Sum the emissions estimates for each
GHG and calculate met-ric tons of CO2e using Equation
A-1 of this subsection.
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(2)
Supplier reporting.
Beginning with the 2022 emissions year reported in 2023 reporting is mandatory
for an owner or operator of any supplier with total GHG emissions in Washington
that exceed the reporting threshold defined in (a) of this subsection. GHG
emissions from all applicable source categories listed in WAC 173-441-122 from
the supplier must be included when determining whether emissions from the
supplier meet the reporting threshold.
(a)
Supplier reporting threshold. Any supplier that produces, imports,
or delivers 10,000 metric tons CO2e or more per calendar
year in total GHG emissions from all applicable source categories listed in WAC
173-441-122 exceeds the reporting threshold.
(b)
Calculating supplier emissions for
comparison to the threshold. To calculate GHG emissions for comparison
to the reporting threshold, the owner or operator must:
(i) Calculate the total annual emissions of
each GHG in metric tons from all applicable source categories that are listed
and defined in WAC 173-441-122. The GHG emissions must be calculated using the
calculation methodologies specified in WAC 173-441-122 and available company
records. Supplied CO2 is considered emissions.
(ii) Include emissions of all GHGs that are
listed in Table A-1 of WAC
173-441-040,
including all GHG emissions from the combustion of biomass, calculated as
provided in the calculation methods referenced in WAC 173-441-122.
(iii) Sum the emissions estimates for each
GHG and calculate metric tons of CO2e using Equation A-1
of this section.
(3)
Electric power entity
reporting. Beginning with the 2022 emissions year reported in 2023
reporting is mandatory for an owner or operator of any electric power entity
with total GHG emissions that exceed the reporting threshold defined in (a) of
this subsection. GHG emissions from all applicable source categories listed in
WAC 173-441-124 from the electric power entity must be included when
determining whether emissions from the electric power entity meet the reporting
threshold.
(a)
Electric power entity
reporting threshold. Any electric power entity that imports or delivers
10,000 metric tons CO2e or more per calendar year in
total GHG emissions from all applicable source categories listed in WAC
173-441-124 exceeds the reporting threshold.
(b)
Calculating electric power entity
emissions for comparison to the threshold. To calculate GHG emissions
for comparison to the reporting threshold, the owner or operator must:
(i) Calculate the total annual emissions of
each GHG in metric tons from all applicable source categories that are listed
and defined in WAC 173-441-124. The GHG emissions must be calculated using the
calculation methodologies specified in WAC 173-441-124 and available company
records.
(ii) Include emissions of
all GHGs that are listed in Table A-1 of WAC
173-441-040,
including all GHG emissions from the combustion of biomass, calculated as
provided in the calculation methods referenced in WAC 173-441-124.
(iii) Sum the emissions estimates for each
GHG and calculate metric tons of CO2e using Equation A-1
of this section.
(4)
Applicability over time. A
person that does not meet the applicability requirements of subsection (1),
(2), or (3) of this section is not subject to this rule. Such a person would
become subject to the rule and the reporting requirements of this chapter if
they exceed the applicability requirements of subsection (1), (2), or (3) of
this section at a later time. Thus, persons should reevaluate the applicability
to this chapter (including the revising of any relevant emissions calculations
or other calculations) whenever there is any change that could cause a reporter
to meet the applicability requirements of subsection (1), (2), or (3) of this
section. Such changes include, but are not limited to, process modifications,
increases in operating hours, increases in production, changes in fuel or raw
material use, addition of equipment, facility expansion, and changes to this
chapter.
(5)
Voluntary
reporting. A person may choose to voluntarily report to ecology GHG
emissions that are not required to be reported under subsection (1), (2), or
(3) of this section. Persons voluntarily reporting GHG emissions must use the
methods established in WAC
173-441-120(3),
173-441-122(1)(c), and 173-441-124(1)(c) to calculate any voluntarily reported
GHG emissions.
(6)
Reporting
requirements when emissions of greenhouse gases fall below reporting
thresholds. Except as provided in this subsection, once a reporter is
subject to the requirements of this chapter, the person must continue for each
year thereafter to comply with all requirements of this chapter, including the
requirement to submit annual GHG reports (annual GHG reports, GHG report,
emissions report, annual report), even if the reporter does not meet the
applicability requirements in subsection (1), (2), or (3) of this section in a
future year. Reporters with a compliance obligation under chapter 70A.65 RCW,
as described in chapter 173-446 WAC must continue to report for any year with a
compliance obligation.
(a) If reported
emissions are less than 10,000 metric tons CO2e per year
for five consecutive years, then the person may discontinue reporting as
required by this chapter provided that the person submits a notification to
ecology that announces the cessation of reporting and explains the reasons for
the reduction in emissions. The notification must be submitted no later than
the report submission due date, specified in WAC
173-441-050(2),
of the year immediately following the fifth consecutive year of emissions less
than 10,000 tons CO2e per year. The person must maintain
the corresponding records required under WAC
173-441-050(6)
for each of the five consecutive years and retain such records for 10 years
following the year that reporting was discontinued. The person must resume
reporting if annual emissions in any future calendar year increase above the
thresholds in subsection (1) or (2) of this section.
(b) If reported emissions are less than five
thousand metric tons CO2e per year for three consecutive
years, then the person may discontinue reporting as required by this chapter
provided that the person submits a notification to ecology that announces the
cessation of reporting and explains the reasons for the reduction in emissions.
The notification must be submitted no later than the report submission due
date, specified in WAC
173-441-050(2),
of the year immediately following the third consecutive year of emissions less
than 5,000 tons CO2e per year. The person must maintain
the corresponding records required under WAC
173-441-050(6)
for each of the three consecutive years and retain such records for 10 years
following the year that reporting was discontinued. The person must resume
reporting if annual emissions in any future calendar year increase above the
thresholds in subsection (1) or (2) of this section. This provision does not
apply to electric power entities.
(c) If the operations of a reporter are
changed such that all applicable GHG-emitting processes and operations listed
in WAC
173-441-120,
173-441-122, and 173-441-124 cease to operate, then the person is exempt from
reporting in the years following the year in which cessation of such operations
occurs, provided that the person submits a notification to ecology that
announces the cessation of reporting and certifies to the closure of all
GHG-emitting processes and operations no later than the report submission due
date, specified in WAC
173-441-050(2),
of the year following such changes. This provision does not apply to seasonal
or other temporary cessation of operations. This provision does not apply to
facilities with municipal solid waste landfills, industrial waste landfills, or
to underground coal mines. The person must resume reporting for any future
calendar year during which any of the GHG-emitting processes or operations
resume operation.
Statutory Authority: 2010 c 146, and chapters 70.235 and
70.94 RCW. 10-24-108 (Order 10-08),
§ 173-441-030, filed 12/1/10, effective
1/1/11.