Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-441 - Reporting of emissions of greenhouse gases
Section 173-441-090 - Compliance and enforcement
Current through Register Vol. 24-06, March 15, 2024
We modified this section to include subsection (3), which details phased enforcement for some reporting elements for the 2022 emissions year. We made this change in response to public comments and to allow reporters to adapt to new reporting requirements and tools.
(1) Violations. Any violation of any requirement of this chapter must be a violation of chapter 70A.15 RCW and subject to enforcement as provided in that chapter. A violation includes, but is not limited to, failure to submit a complete report by the reporting deadline, failure to report accurately, failure to collect data needed to calculate GHG emissions or product data, failure to continuously monitor and test as required, failure to retain records needed to verify the amount of GHG emissions or product data, failure to calculate GHG emissions or product data following the methodologies specified in this chapter, failure to have the annual GHG report third-party verified, and failure to pay the required reporting fee. Each calendar day and each metric ton CO2e of emissions of a violation constitutes a separate violation.
(2) Enforcement responsibility. Ecology must enforce the requirements of this chapter.
(3) Phased enforcement for some reporting elements for the 2022 emissions year. Ecology is phasing in enforcement for nonconformance with new reporting requirements, including WAC 173-441-122 and 173-441-124, adopted February 9, 2022, during the 2022 emissions year reported in 2023 as follows.
Statutory Authority: 2010 c 146, and chapters 70.235 and 70.94 RCW. 10-24-108 (Order 10-08), § 173-441-090, filed 12/1/10, effective 1/1/11.
