Current through Register Vol. 24-06, March 15, 2024
An owner or operator may petition ecology to use calculation
methods other than those specified in WAC
173-441-120,
173-441-122, or 173-441-124 to calculate GHG emissions. The following
requirements apply to the submission, review, and approval or denial of a
petition:
(1)
Petition
submittal. An owner or operator must submit a petition that meets the
following conditions before ecology may review the petition and issue a
determination.
(a) An owner or operator must
submit a complete petition no later than 180 calendar days prior to the
emissions report deadline established in WAC
173-441-050(2).
Such petition must include sufficient information, as described in (b) of this
subsection, for ecology to determine whether the proposed alternative
calculation method will provide emissions data sufficient to meet the reporting
requirements of
RCW
70A.15.2200. Ecology will notify the owner or
operator within 30 calendar days of receipt of a petition of any additional
information ecology requires to approve the proposed calculation methods in the
petition. If a petition is under review by ecology at the time an annual
emissions report is due under WAC
173-441-050(2),
the owner or operator must submit the emissions report using the calculation
methods approved under this chapter at the time of submittal of the emissions
report.
(b) The petition must
include, at a minimum, the following information:
(i) Identifying information as specified in
WAC
173-441-060(9)(b)
and
173-441-060(13)(b)(ii)
of the designated representative and any agent submitting a petition;
(ii) Identifying information as specified in
WAC
173-441-050(3)(a)
of the facility or facilities where the owner or operator proposes to use the
alternative calculation method;
(iii) A clear and complete reference to the
subparts or sections in EPA's mandatory greenhouse gas reporting regulation
that contain the alternative calculation method and the date that EPA adopted
the subparts or sections;
(iv) The
source categories that will use the alternative calculation method;
(v) The date that the owner or operator
intends to start using the alternative calculation method;
(vi) Any other supporting data or information
as requested by ecology as described in subsection (2) of this section;
and
(vii) The designated
representative must sign and date the petition.
(2)
Ecology review of the petition.
Ecology must approve the alternative calculation method before the
owner or operator may use it to report GHG emissions. Ecology will issue a
determination within 60 calendar days of receiving a complete petition. The
alternative calculation method must meet the following conditions:
(a) Except as noted in (b) of this
subsection, alternative calculation methods for reporters required to report
under WAC
173-441-030 must be
methods adopted by the United States Environmental Protection Agency in its
mandatory greenhouse gas reporting regulation, or otherwise more recent
versions of methods adopted in this chapter. The alternative calculation method
must be more recent than the method for the given source category adopted by
reference in WAC
173-441-120,
173-441-122, or 173-442-124.
(b)
For GHG emissions reported voluntarily under WAC
173-441-030(5),
ecology must apply the following criteria when evaluating an alternative
calculation method:
(i) If the GHG emissions
are covered by a source category adopted by reference in WAC
173-441-120,
173-441-122, or 173-442-124, then the requirements of (a) and (b) of this
subsection apply.
(ii) If the GHG
emissions are not covered by a source category adopted by reference in WAC
173-441-120,
173-441-122, or 173-441-124, then ecology must consider whether the methods
meet the following criteria:
(A) The
alternative calculation method is established by a nationally or
internationally recognized body in the field of GHG emissions reporting such
as:
(I) Ecology;
(II) EPA;
(III) California Air Resources
Board;
(IV) The Intergovernmental
Panel on Climate Change;
(B) If an alternative calculation method is
not available from sources listed in (b)(ii)(A) of this subsection, then
ecology may accept a method from an industry or trade association or devised by
the owner or operator if ecology determines the alternative calculation method
is consistent with the requirements established under
RCW
70A.15.2200.
(c) For all source categories, including
those covered in (a) and (b) of this subsection, the alternative calculation
method must be consistent in content and scope with the requirements
established under
RCW
70A.15.2200. In the event that a proposed
alternative calculation method does not include all required GHG emissions, the
owner or operator must use the calculation methods specified in subsection (3)
of this section to calculate those emissions.
(3)
Calculating emissions not included
in alternative calculation method. An owner or operator must report all
source categories of GHG emissions for which reporting is required under
RCW
70A.15.2200 and for which calculation methods
have been established in WAC
173-441-120,
173-441-122, or 173-441-124. If an approved alternative calculation method does
not include calculation methods for all required source categories of
emissions, then the owner or operator must use a method described in WAC
173-441-120,
173-441-122, 173-441-124, or approved for the owner or operator by ecology in a
separate petition to calculate and report those emissions.
(4)
Appeal of determination. An
approval or denial issued by ecology in response to a written petition filed
under this subsection is a determination appealable to the pollution control
hearings board per
RCW
43.21B.110(1)(h).
Statutory Authority: 2010 c 146, and chapters 70.235 and
70.94 RCW. 10-24-108 (Order 10-08),
§ 173-441-140, filed 12/1/10, effective
1/1/11.