Washington Administrative Code

(1) "Facility" means any site, location, structure, or property used or to be used for the storage, disposal, or burial of radioactive materials or waste, which lies within the one hundred acre tract described in the perpetual care agreement between the state of Washington and th…

(1) Any sublessee of the state who stores, disposes, or buries radioactive materials or waste at a facility shall pay a perpetual care and maintenance fee.(2) The perpetual care and maintenance fee shall be one dollar seventy-five cents per cubic foot of radioactive material or w…

(1) The perpetual care and maintenance fee shall be due on a quarterly basis for the quarters ending January 15, April 15, July 15, and October 15. All perpetual care and maintenance fee payments shall be paid within forty-five days after the due date.(2) Perpetual care and maint…

(1) Upon receipt of perpetual care and maintenance fee payments, the department shall transmit such payments to the state treasurer for deposit in the perpetual maintenance account authorized by chapter 19, Laws of 1983 1st ex. sess.(2) Moneys in the perpetual maintenance account…

If any portion of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.[Statutory Authority: 1983 1st ex.s. c 19 and Title 43 RCW.…

This rule establishes mandatory greenhouse gas (GHG) reporting requirements for owners and operators of certain facilities that directly emit GHG as well as for certain suppliers and electric power entities. For suppliers, the GHGs reported are the quantity that would be emitted …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) Definitions specific to this chapter:(a) "40 C.F.R. Part 98" or "40 C.F.R. § 98" means the United States Environmental Protection Agency's Mandatory Greenhouse Gas Repo…

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…

(1) Greenhouse gases. Table A-1 of this section lists the GHGs regulated under this chapter and their global warming potentials.(2) CO2e conversion. Use Equation A-1 of WAC 173-441-030 (1)(b)(iii) and the global warming potentials (GWP) listed in Table A-1 of this section to conv…

Persons subject to the requirements of this chapter must submit GHG reports to ecology, as specified in this section. Every metric ton of CO2e emitted by a reporter required to report under this chapter and covered under any applicable source category listed in WAC 173-441-120, 1…

(1) General. Except as provided under subsection (6) of this section, each reporter that is subject to this chapter, must have one and only one designated representative, who must be responsible for certifying, signing, and submitting GHG emissions reports and any other submissio…

The following must be submitted electronically in accordance with the requirements of WAC 173-441-050 and 173-441-060 and in a format specified by ecology.(1) Facility reporters:(a) GHG report;(b) Certificate of representation; and(c) Verification software file.(2) Suppliers:(a) …

(1) The materials incorporated by reference by EPA in 40 C.F.R. § 98.7, are incorporated by reference in this chapter for use in the sections of this chapter that correspond to the sections of 40 C.F.R. Part 98 referenced here.(2) Table A–2 of this section provides a conversion t…

Beginning with the 2023 emissions year reported in 2024, a person that emits 25,000 metric tons CO2e or more per calendar year in total GHG emissions as calculated using the methods in WAC 173-441-030 or has a mandatory or voluntary compliance obligation under chapter 70A.65 RCW,…

(1) Ecology may assign an emissions level to any annual GHG report that:(a) Failed to submit a complete annual GHG report by the report submission due date, specified in WAC 173-441-050(2);(b) Failed to meet the third-party verification requirements in WAC 173-441-085;(c) Has an …

(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 t…

All requests, notifications, and communications to ecology pursuant to this chapter, must be submitted in a format as specified by ecology to either of the following:(1) For U.S. mail: Greenhouse Gas Reporting, Air Quality Program, Department of Ecology, P.O. Box 47600, Olympia, …

(1) Fee determination. All persons required to report or voluntarily reporting under WAC 173-441-030 must pay a reporting fee for each year they submit a report to ecology. Ecology must establish reporting fees based on workload using the process outlined below. The fees must be …

This section establishes the scope of reportable GHG emissions under this chapter and GHG emissions calculation methods for facilities. Owners and operators of facilities must follow the requirements of this section to determine if they are required to report under WAC 173-441-03…

This section establishes the scope of reportable GHG emissions under this chapter and GHG emissions calculation methods for suppliers. Owners and operators of suppliers must follow the requirements of this section to determine if they are required to report under WAC 173-441-030(…

This section establishes the scope of reportable energy and GHG emissions under this chapter and GHG emissions calculation methods for electric power entities. Owners and operators of electric power entities must follow the requirements of this section to determine if they are re…

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) Petitio…

(1) Emissions data submitted to ecology under this chapter are public information and must not be designated as confidential.(2) Information considered confidential by EPA or other jurisdictions is not considered confidential by ecology unless it also meets the conditions establi…

(1) Ecology must share any reporting information reported to it with the local air authority in which the person reporting under these rules operates.(2) Ecology must share with the energy facility site evaluation council any information reported to ecology under these rules by f…

If any provision of the regulation or its application to any person or circumstance is held invalid, the remainder of the regulation or application of the provision to other persons or circumstances is not affected.[Statutory Authority: 2010 c 146, and chapters 70.235 and 70.94 R…

(1) Ecology's policy under chapters 70A.60 and 43.21A RCW is to provide for the systematic control of air pollution from air contaminant sources. Ecology's policy under chapter 70A.60 RCW is to reduce the emissions of hydrofluorocarbons (HFCs) and other fluorinated greenhouse gas…

The requirements of this chapter apply to:(1) Person who offers for sale, leases, rents, installs, or otherwise causes to enter into Washington commerce any new product or equipment that contains or uses a prohibited substance listed in WAC 173-443-040, Table 1;(2) A person who o…

The definitions in this section apply throughout this chapter unless the text clearly indicates otherwise."Aerosol propellant" means a liquid or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or other material from the same self-pressurize…

(1) Table 1 in this section lists prohibited substances in new products and equipment, as defined in WAC 173-443-030, and the effective date of the prohibition, unless an exemption is provided for in WAC 173-443-050.TABLE 1. Prohibited Substances for New Products and EquipmentEnd…

(1) Table 1 in this section lists exemptions to the prohibitions listed in WAC 173-443-040, Table 1.TABLE 1. Exemptions for New Products and EquipmentEnd-UseProhibited SubstancesExemptionsAerosol propellantsHFC-134aCleaning products for removal of grease, flux, and other soils fr…

(1) Prohibitions. No person may sell, offer for sale, lease, rent, install, or otherwise cause to enter into Washington commerce any new product or equipment, as defined in WAC 173-443-030, that contains or uses a prohibited substance listed in WAC 173-443-040, Table 1, unless an…

(1) Prohibitions. No person shall sell, offer for sale, lease, rent, install, or otherwise cause to enter into Washington commerce any new refrigeration equipment that contains or uses a prohibited substance listed in WAC 173-443-040, Table 2, unless an exemption is provided for …

(1) Prohibitions. No person shall sell, offer for sale, lease, rent, install, or otherwise cause to enter into Washington commerce any new air conditioning equipment that contains or uses a prohibited substance listed in WAC 173-443-040, Table 3, unless an exemption is provided f…

Prohibitions. No person shall sell, offer for sale, or purchase a small container of refrigerant or a nonessential consumer product that contains or uses a prohibited substance listed in WAC 173-443-040, Table 4, unless an exemption is provided for in WAC 173-443-050.[Statutory A…

(1) An applicant may apply to ecology for a variance from the prohibitions of WAC 173-443-040, Table 2 or Table 3. Ecology may grant a variance if it determines that the request meets the conditions identified in subsection (2) of this section and the applicant has complied with …

(1) The purpose of the RMP is to reduce greenhouse gas emissions from stationary refrigeration and air conditioning systems and from the installation and servicing of stationary refrigeration and air conditioning systems using a refrigerant with a GWP of 150 or more.(2) The RMP r…

(1) Full charge of 1,500 pounds or greater. The owner or operator of a facility that has a refrigeration or air conditioning system with a full charge greater than or equal to 1,500 pounds and that uses a refrigerant with a GWP of 150 or more must register with ecology by providi…

(1) A refrigerant wholesaler, distributor, or reclaimer that sells, supplies, distributes, or reclaims any amount of a refrigerant with a GWP of 150 or more in Washington for any purpose, other than those listed in subsection (2) of this section, must register with ecology by pro…

(1) Initial implementation fee. An initial implementation fee must be paid by each owner or operator of a facility that has a refrigeration or air conditioning system with a full charge greater than or equal to 1,500 pounds and that uses a refrigerant with a GWP of 150 or more.(a…

(1)(a) Leak inspection requirements for year-round refrigeration and air conditioning systems with a full charge greater than or equal to 1,500 pounds.(b) Beginning January 1, 2024, the owner or operator of a facility that has a refrigeration or air conditioning system with a ful…

(1) The owner or operator of a facility that has a refrigeration or air conditioning system with a full charge greater than or equal to 50 pounds and that uses a refrigerant with a GWP of 150 or more must ensure that the leak rate of the system is calculated during each leak insp…

(1) Beginning January 1, 2024, the owner or operator of a facility that has a refrigeration or air conditioning system with a refrigerant charge greater than or equal to 50 pounds and that uses a refrigerant with a GWP of 150 or more must ensure that all detected refrigerant leak…

(1) The owner or operator of a facility that has a refrigeration or air conditioning system with a full charge greater than or equal to 50 pounds and that uses a refrigerant with a GWP of 150 or more that is not repaired within the time frame provided in WAC 173-443-165 (2) throu…

(1) The owner or operator of a facility that has a refrigeration or air conditioning system with a full charge greater than or equal to 200 pounds and that uses a refrigerant with a GWP of 150 or more must submit an annual facility refrigeration or air conditioning report (annual…

(1) Beginning January 1, 2024, the owner or operator of a facility that has a refrigeration or air conditioning system with a full charge greater than or equal to 50 pounds and that uses a refrigerant with a GWP of 150 or more must maintain the following records for a minimum of …

A person performing any installation, maintenance, service, repair, or disposal of a refrigeration or air conditioning system with a full charge greater than or equal to 50 pounds and that uses a refrigerant with a GWP of 150 or more must comply with all of the following conditio…

(1) Refrigerant distributors or wholesalers.(a) A refrigerant distributor or wholesaler that sells, supplies, or distributes any amount of refrigerant with a GWP of 150 or more in Washington for any purpose, other than those listed in (b) of this subsection, must submit an annual…

(1) Beginning January 1, 2024, a refrigerant distributor, wholesaler, or reclaimer of a refrigerant with a GWP of 150 or more must keep all of the following records for a minimum of five years:(a) Annual reports submitted pursuant to WAC 173-443-215;(b) Invoices of all refrigeran…

(1) The owner or operator of a facility that has a refrigeration or air conditioning system may apply to ecology for an exemption from the requirements of WAC 173-443-165 or 173-443-175. Ecology may grant an exemption if it determines the request meets the conditions identified i…

(1) Any violation of this chapter is a violation of chapter 70A.15 RCW and subject to enforcement as provided in that chapter.(2) In enforcing the requirements of this chapter, ecology will adhere to the provisions of chapter 43.05 RCW regarding site inspections, technical assist…