Washington Administrative Code

The following definitions apply to the administration of this chapter. Any term that is not defined in this section must be as defined or described in California Code of Regulations, Title 13, section 1900 or 1963, or Title 17, section 95662, as applicable. Definitions in Califor…

The following vehicles are not subject to this chapter:(1) Military tactical vehicles;(2) Vehicles sold for registration and use out-of-state;(3) Previously registered vehicles where the mileage at the time of sale exceeds 7,500 miles, provided that for vehicle dealers, the milea…

(1) Requirement to meet California vehicle emission standards. All vehicles subject to this chapter must be certified to the standards adopted by reference in WAC 173-423-030 to be registered, leased, rented, licensed, or sold for use in Washington:(a) Starting with model year 20…

(1) Requirement to meet California vehicle emission standards - Passenger cars, light-duty trucks, and medium-duty vehicles.(a) Applicability.(i) Starting with model year 2025, a manufacturer's sales fleet of passenger cars, light-duty trucks, and medium-duty vehicles delivered f…

(1) Requirements to meet California vehicle emission standards. These standards establish criteria and procedures for the manufacture, testing, distribution and sale of new medium- and heavy-duty trucks and engines in Washington as adopted by reference in WAC 173-423-030.(2) Appl…

(1) Applicability.(a) Except as provided in subsection (2) of this section, the following entities must submit to ecology all of the information in subsection (3) of this section. As used in this section, all operations conducted by entities under common ownership or control must…

(1) Ecology may inspect new and used motor vehicles and related records for the purposes of determining compliance with the requirements of this chapter. Ecology inspections must occur during regular business hours and on any premises owned, operated or used by any dealer or rent…

Each portion of this regulation is intended to be severable, and in the event that any portion of this regulation is held invalid, the remainder is intended to continue in full force and effect.[Statutory Authority: Chapter 173-423 WAC, chapter 70A.30 RCW, chapter 173-400 WAC, ch…

This rule establishes requirements for suppliers and consumers of certain transportation fuels in Washington in order to reduce the lifecycle greenhouse gas emissions per unit energy (carbon intensity) of transportation fuels used in the state.[Statutory Authority: Chapter 70A.53…

Except as provided elsewhere in this chapter, the definitions in this section apply throughout the chapter:(1) "Above the rack" means sales of transportation fuel at pipeline origin points, pipeline batches in transit, barge loads in transit, and at terminal tanks before the tran…

(1) Except as exempted in WAC 173-424-130, this rule applies to:(a) Any transportation fuel, as defined in WAC 173-424-110, that is sold, supplied, or offered for sale in Washington; and(b) Any fuel reporting entity, as defined in WAC 173-424-110 and specified in WAC 173-424-200 …

(1) Exempt fuels. The CFP rule does not apply to transportation fuels in which the aggregated quantity of the fuel supplied in Washington, as measured by all providers of such fuel, is less than 360,000 gasoline gallon equivalent (42.6 million MJ) per year. This threshold is dete…

(1) Regulated party.(a) Regulated fuel producers in Washington, or importers into Washington, must comply with the requirements of this rule.(b) The regulated parties for regulated fuels are designated under WAC 173-424-200.(c) The regulated parties for regulated fuels must:(i) R…

If any provision of the rule or its application to any covered entity or other person or party or circumstance is held invalid, the remainder of the rule or application of the provision to other covered entities or other persons or parties or circumstances is not affected.[Statut…

(1) Applicability. The purpose of this section is to identify the first fuel reporting entities, any subsequent fuel reporting entities, and the credit or deficit generator for liquid fuels. The first reporting entity is responsible for initiating reporting for a given amount of …

(1) Applicability. This section applies to providers of both fossil and bio-based compressed natural gas, liquefied natural gas, liquefied compressed natural gas, and liquefied petroleum gas (or propane), and hydrogen used as transportation fuels in Washington.(2) Designation of …

(1) Applicability. This section prescribes how credits are generated for electricity when used as a transportation fuel.(2) Responsibilities to generate credits. To receive credits for electricity supplied as a transportation fuel, an entity subject to this section must:(a) Estab…

(1) Registration in Washington fuels reporting system.(a) Eligibility. The following entities must apply to register to participate in the Washington clean fuel program:(i) Entities required to report under the CFP pursuant to WAC 173-424-200 through 173-424-220;(ii) Entities opt…

(1) Fuel reporting entities, opt-in entities, and aggregators must retain the following records for at least 10 years, unless otherwise specified in this chapter:(a) Product transfer documents as described in subsection (2) of this section;(b) Copies of all data and reports submi…

(1) Reporting frequency and deadlines. Except for persons exempt from this requirement under WAC 173-424-130, regulated parties, credit generators, and aggregators must submit a quarterly report using the WFRS by:(a) June 30th - for January through March of each year;(b) Septembe…

The following requirements are in addition to requirements contained in WAC 173-424-410 and 173-424-430.(1) Quarterly reports must contain the information specified in Table 9 under WAC 173-424-900 for each transportation fuel subject to the CFP.(2) Specific (quarterly) reporting…

(1) Annual compliance reporting deadline.(a) Except as provided in (b) of this subsection, regulated parties, credit generators, and aggregators must use the WFRS to submit an annual compliance report to ecology not later than April 30th for the compliance period ending on Decemb…

(1) Compliance demonstration. Each regulated party must meet its compliance obligation for the compliance period by demonstrating through submission of its annual compliance report that it possessed and has retired a number of credits from its account that is equal to its complia…

(1) Carbon intensities.(a) Except as provided in (b), (c), or (d) of this subsection, regulated parties, credit generators, and aggregators must use a carbon intensity approved by ecology under WAC 173-424-610 for calculating credits and/or deficits.(b) If a regulated party, cred…

(1) Fuels included. Credits and deficits must be calculated for all regulated fuels and clean fuels that are sold, supplied, or offered for sale in Washington.(2) Fuels exempted. Except as provided in subsections (3), (4), and (5) of this section, credits and deficits may not be …

(1) General.(a) Credits are a regulatory instrument and do not constitute personal property, instruments, securities, or any other form of property.(b) Regulated parties, credit generators, and aggregators may:(i) Retain credits without expiration within the CFP in compliance wit…

(1) General credit or deficit calculation method. Except as provided in subsections (2) and (3) of this section, credit and deficit generation must be calculated for all fuels included in WAC 173-424-520:(a) Using credit and deficit basics as directed in WAC 173-424-510;(b) Calcu…

(1) General provisions.(a) Advance credits are used to decarbonize the transportation sector pursuant to RCW 70A.535.050(3).(b) All advance credits represent actual reductions of greenhouse gas emissions against the carbon intensity standards.(c) Vehicles must be registered in Wa…

(1) Heavy-duty hydrogen refueling infrastructure (HD-HRI) pathways.(a) HRI pathway eligibility. A hydrogen station owner may submit an application to certify an HD-HRI pathway subject to the following eligibility conditions:(i) The proposed HRI must be located in Washington and b…

(1) General. If a regulated party owes more than the allowed small deficit under WAC 173-424-500(4), it must enter and purchase its pro-rata share of credits in the credit clearance market under subsection (5) of this section.(a) The credit clearance market is separate from the n…

(1) WA-GREET. Carbon intensities for fuels must be calculated using:(a) WA-GREET 3.0 (November 28, 2022) or another model that ecology determines to be equivalent or superior to WA-GREET 3.0. WA-GREET 3.0 was derived from CA-GREET 3.0 model (August 13, 2018), and is posted on eco…

(1) Fuel producers can apply to obtain a carbon intensity for their transportation fuels by following the process under this section.(2) Applicants seeking approval to use a carbon intensity that is currently approved by CARB or OR-DEQ must provide:(a) The application package sub…

(1) Energy economy ratio-adjusted CI applications. Applications submitted under this section are modified Tier 2 pathway applications under WAC 173-424-610. Vehicles covered by these applications must not be currently covered by a vehicle-category specific EER under WAC 173-424-9…

(1) Utility-specific electricity mix. The carbon intensity of the electricity used in a utility service area is calculated based on the mix of resources the electricity used to generate the electricity used using the most recent year fuel-mix report published by the Washington de…

(1) If ecology determines that any basis for invalidation set forth in subsection (2) of this section has occurred, in addition to taking any other authorized enforcement action, ecology may take any of the actions described in (a) through (d) of this subsection. For the purposes…

(1) List of ecology-approved registered parties. Ecology will maintain a current list of ecology-approved registered parties and will make that list publicly available on its website.(2) All information submitted as application materials in the WFRS that are not identified as tra…

(1) Emergency deferral due to fuels shortage. Ecology may issue an order declaring an emergency deferral of compliance with the carbon intensity standard during the effective compliance period:(a) After ecology determines, in consultation with the governor's office and the Washin…

(1) Conditions and deadline for forecast deferral. No later than December 1st, ecology shall issue an order declaring a forecast deferral for the following compliance period if:(a) Ecology receives a fuel supply forecast for the following compliance period by October 2nd; and(b) …

The following definitions are applicable to the third-party verification requirements in accordance with WAC 173-424-810 through 173-424-850, including fuel pathway applications submitted under WAC 173-424-610, annual fuel pathway reports required under WAC 173-424-610, quarterly…

(1) General. The annual third-party verification requirements set forth in this chapter apply beginning in 2028, using operational data from calendar year 2027 for fuel transactions data and operational data from calendar year 2026 and 2027 for fuel pathway reports. Quarterly rev…

(1) Validation of CFS fuel pathway (carbon intensity or CI) applications.(a) Applicability. The following persons must meet the requirements of this chapter and engage the services of a verification body for the purposes of fuel pathway validation, including required site visit(s…

(1) Notice of verification services.(a) Before a verification body commences any verification services for the responsible entity, the responsible entity must ensure the verification body submits a notice of verification services to ecology that meets the requirements of WAC 173-…

(1) Application for approval. A business entity or person seeking ecology approval or renewal of ecology approval to perform verification under this chapter as a verification body or verifier must submit an application to ecology, on a form approved by ecology, that includes the …

(1) Conflict of interest evaluation. Before verification services may begin, each responsible entity must coordinate with the verification body with which it has engaged to perform verification to conduct a conflict of interest evaluation between itself and any verification bodie…

Table 1. Washington Carbon Intensity Standards for Gasoline and Gasoline SubstitutesCalendar YearWashington Carbon Intensity Standard(gCO2e per MJ)Percent Reduction202398.440.50 percent202497.971.00 percent202596.952.00 percent202692.007.00 percent202788.0411.00 percent2028To be …

The purpose of this rule is to establish a program to implement the limited burning policy authorized by sections 743 through 765 of the Washington Clean Air Act (chapter 70.94 RCW) and other provisions of the act that pertain to outdoor burning (except any outdoor burning listed…

(1) This chapter applies to all outdoor burning in the state except:(a) Agricultural burning (which is governed by chapter 173-430 WAC);(b) Silvicultural burning (which is governed by chapter 332-24 WAC, the Washington state smoke management plan, and various laws including chapt…

The definitions of terms contained in chapter 173-400 WAC are incorporated by reference. Unless a different meaning is clearly required by context, the following words and phrases as used in this chapter shall have the following meanings:(1) "Agricultural burning" means outdoor b…

(1) Nonattainment areas. Residential burning and land clearing burning may not be allowed in any areas of the state that exceed federal or state ambient air quality standards for pollutants emitted by outdoor burning. These areas are limited to all nonattainment areas and former …

No person may cause or allow an outdoor fire in an area where the type of burning involved is prohibited under WAC 173-425-040, or where it requires a permit under WAC 173-425-060(2), unless a permit has been issued and is in effect. In addition, the following general requirement…