On June 24, 2008 EFSEC adopted Chapter 463-80 WAC that sets the procedure for carbon dioxide mitigation for thermal energy facilities and Chapter 463-85 WAC that implements the greenhouse gases emissions performance standard and enforcement for baseload electric generation.  These rules become effective in late July.

• Final Rulemaking Order - CR 103
• Chapter 463-80 WAC Carbon Dioxide Mitigation for Thermal Electric Generating Facilities
• Chapter 463-85 WAC Greenhouse Gases Emissions Performance Standard and Sequestration Plans and Programs for Baseload Electric Generating Facilities

EFSEC prepared a Concise Explanatory Statement that describes the rulemaking process, the difference in the final rules from the proposed rules, the comments received and the responses to those comments.

  Concise Explanatory Statement
   - Appendix A
   - Appendix B
   - Appendix C
   - Appendix D
   - Appendix E
   - Appendix F

EFSEC adopted Chapter 463-85 WAC in cooperation with the Department of Ecology.  Please see the Department of Ecology's web site for more rulemaking information on this activity.

February 2008 - Emission Performance Standards for Greenhouse Gases and CO2 Mitigation

On February 26, 2008 EFSEC submitted a notice of Proposed Rulemaking (CR-102) to the State Code Revisers Office.  The CR-102 sets the dates for hearings and comment period for the proposed adoption of two new chapters to Title 463 WAC.

Proposed WAC 463-80 sets the procedure for calculating the carbon dioxide emissions from a fossil fuel-fired power facility under EFSEC jurisdiction and the options allowed for mitigation as set by RCW 80.70.  The proposed rule sets how EFSEC will develop and maintain a list of Independent Qualified Organizations who could receive payment for implementing CO2 mitigation under RCW 80.70.

Proposed WAC 463-85 implements the greenhouse gases emissions performance standard and enforcement for baseload electric generation as directed in RCW 80.80. These rules are being adopted in parallel with the Department of Ecology's rule making for its carbon dioxide mitigation program for fossil-fueled thermal electric generating facilities also under RCW 80.80.

• Rulemaking Notice
• SEPA Determination of Nonsignificance and Environmental Checklist

The public comment hearings:

February 2008:  Rulemaking has been stopped due to recent federal court decision.

EFSEC has begun rulemaking to adopt requirements for mercury emissions from coal-fired power plants into Title 463 WAC. EPA adopted new federal Clean Air Mercury Rules (CAMR) in May 2005. These rules establish a national cap on mercury emissions and give each state a mercury budget. States may adopt the federal rules or they may adopt rules that are more stringent. The rulemaking will establish Washington State requirements in place of the federal rule. This rulemaking will establish a system to distribute allocated mercury emission credits in Washington State, and will determine when emissions trading will and will not be allowed in Washington.

EPA has assigned each state a mercury emissions “budget”, and each state must submit a State plan detailing how it will meet its budget for reducing mercury from coal-fired power plants. Two avenues are possible:

• The state can adhere to a national cap and trade program by adopting the model trading rule (40 CFR 60, Subpartt HHHH) in state regulations, or they may adopt regulations that mirror the necessary components of the model trading rule.

• The state can implement its own mercury program to control mercury emissions. If the state does not join the national trading program, the State budget is implemented as a cap. States can implement mercury reductions more stringent than those required by the CAMR.

The CAMR also implements new source performance standards and monitoring requirements that apply regardless of the state’s decision above.

This rulemaking will also replace EFSEC’s current adoption of WAC 173-406 Acid Rain Program Requirements with adoption of the federal requirements for the Acid Rain Program by reference. This rule may also adopt by reference requirements for new coal fired electrical generating units under the NSPS program, with adoption of more stringent requirements being considered.

EFSEC is coordinating this rulemaking directly with Ecology, so that the rules represent the Washington State approach to regulating mercury emissions from existing and future coal-fired electrical generating plants.

EFSEC's Notice of Rulemaking - CR 101 Mercury Rule

For additional nformation visit Ecology’s Mercury Rules website: http://www.ecy.wa.gov/laws-rules/activity/wac173406.html

For more information:
Receive notices about this an other rulemaking by subscribing to EFSEC’s rulemaking list
Contact: Allen Fiksdal (link to my contact info), (360) 956-2152, or allenf@cted.wa.gov

 

Other recent rule making: Chapter 463-78 WAC General and Operating Permit Regulations for Air Pollution Sources

To insure standardization and consistency with state and federal regulations, the changes to Chapter 463-78 implements the updated applicable state and federal laws and rules.

• CR 103 filed February 23, 2006 (1 page - pdf):

  • Adopted Changes to Chapter 463-78 (pdf- 14 pages)

  • Concise Explanatory Statement (pdf, 12 pages)

• CR 102 filed December 9, 2005 (1 page - pdf):

  • Proposed Changes to Chapter 463-78 (pdf)

• CR 101 filed December 21, 2004 (1 page - pdf)