Current through Register Vol. 24-18, September 15, 2024
Any power plant subject to WAC
463-85-120 that does not meet the
emissions performance standard on schedule shall be subject to enforcement
under chapter 80.50 RCW.
(1) Penalties can include:
(a) Financial penalties, which shall be assessed after any year
of failure to meet a sequestration benchmark established in the sequestration
plan or sequestration program. Each pound of greenhouse gases above the
emissions performance standard will constitute a separate violation, as
averaged on an annual basis;
(b) Revocation of approval to construct the source or to
operate the source.
(2) If a new, modified or upgraded baseload electric generation
facility or unit or baseload electric cogeneration facility or unit fails to
meet a sequestration plan or sequestration program benchmark on schedule, a
revised sequestration plan or sequestration program will be required to be
submitted no later than one hundred fifty calendar days after the due date
established under subsection (3)(c) of this section for reporting the failure.
The revised sequestration plan or sequestration program is to be submitted to
EFSEC, as appropriate, for approval.
(3) Provisions for unavoidable circumstances.
(a) The owner or operator of a facility operated under an
approved sequestration plan or sequestration program shall have the burden of
proving to EFSEC in an enforcement action that failure to meet a sequestration
benchmark was unavoidable. This demonstration shall be a condition to obtaining
relief under (d), (e), and (f) of this subsection.
(b) Failure to meet a sequestration benchmark determined to be
unavoidable under the procedures and criteria in this section shall be excused
and not subject to financial penalty.
(c) Failure to meet a sequestration benchmark shall be reported
by January 31 of the year following the year during which the event occurred or
as part of the routine sequestration monitoring reports. Upon request by EFSEC
the owner(s) or operator(s) of the sequestration project source(s) shall submit
a full written report including the known causes, the corrective actions taken,
and the preventive measures to be taken to minimize or eliminate the chance of
recurrence.
(d) Failure to meet a sequestration benchmark due to startup or
shutdown conditions shall be considered unavoidable provided the source reports
as required under (c) of this subsection, and adequately demonstrates that the
failure to meet a sequestration benchmark could not have been prevented through
careful planning and design and if a bypass of equipment occurs, that such
bypass is necessary to prevent loss of life, personal injury, or severe
property damage.
(e) Maintenance. Failure to meet a sequestration benchmark due
to scheduled maintenance shall be considered unavoidable if the source reports
as required under (c) of this subsection, and adequately demonstrates that the
excess emissions could not have been avoided through reasonable design, better
scheduling for maintenance or through better operation and maintenance
practices.
(f) Failure to meet a sequestration benchmark due to upsets
shall be considered unavoidable provided the source reports as required under
(c) of this subsection, and adequately demonstrates that:
(i) The event was not caused by poor or inadequate design,
operation, maintenance, or any other reasonably preventable condition;
(ii) The event was not of a recurring pattern indicative of
inadequate design, operation, or maintenance; and
(iii) The operator took immediate and appropriate corrective
action in a manner consistent with good practice for minimizing
nonsequestration during the upset event.
(4) Enforcement for permit violations. Enforcement of any part
of an EFSEC site certification agreement will proceed in accordance with
RCW 80.50.150.
Statutory Authority: Chapters 80.70 and 80.80 RCW and
RCW 80.50.040. 08-14-064, §
463-85-240,
filed 6/25/08, effective 7/26/08.
