Wash. Admin. Code § 173-441-030 - Applicability
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.
Notes
Statutory Authority:
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