Clean Fuels Program Rulemaking - The Washington State Department of Ecology is beginning rulemaking to implement the Transportation Fuel – Clean Fuels Program, which was enacted during the 2021 session of the Washington State Legislature as House Bill 1091. This rulemaking will:
· Add a new Chapter 173-424 WAC – Clean Fuels Program Rule.
· Amend Chapter 173-455 WAC – Air Quality Fee Rule.
The new rule may:
- Establish carbon intensity standards for transportation fuels used in Washington.
- Assign compliance obligations to fuels with carbon intensities that exceed the standard.
- Establish compliance methods including assigning credits to fuels that have carbon intensities below the standard.
This rulemaking also will consider amendments to Chapter 173-455 WAC to establish the process for setting fees to recover the cost of developing and implementing the program. Transportation is the largest source of greenhouse gas (GHG) emissions in Washington, contributing about 45 percent of statewide total GHG emissions. Washington enacted the Clean Fuels Program to reduce emissions of GHGs and conventional air pollutants from transportation and to spur economic development through deployment of clean fuel technology. As a result, Washington joins California, Oregon, and British Columbia, which already have similar clean (low-carbon) fuel programs.
The law directs Ecology to adopt rules to start the program by Jan. 1, 2023 that reduce the carbon intensity of transportation fuels used in Washington by 20 percent below the 2017 levels by 2038. Carbon intensity accounts for GHG emissions throughout the full life cycle of the fuel (i.e., GHG emissions from feedstock production and transport, fuel production and transport, and use of the fuel) per unit energy of the fuel. These rules will affect stakeholders throughout the supply chain of transportation fuels and use including:
- Transportation fuel suppliers, including petroleum refineries and parties represented by the Western States Petroleum Association (WSPA)
- Electric Utilities
- Producers of low carbon transportation fuels (biodiesel, bioethanol, renewable hydrogen, etc.) and feedstock
- Alternative fuel vehicle manufacturers, electric vehicle manufacturers
- Businesses that depend heavily on transportation, truckers, and their associations
- Cities, counties and legislature
- Public interest groups, advocates of environmental and social justice, climate action.
- Transport organizations such as public transit agencies and for-hire vehicle operators
- Public-at-large as consumers of transportation fuels
EVSE Accessibility Rulemaking - The Washington State Deptartment of Agriculture initiated rulemaking to amend chapter 16-662 of the Washington Administrative Code (WAC), Weights & Measures – National Handbooks, Sale of Motor Fuel. The Department is considering amendments outlined in Second Substitute Senate Bill 5192 regarding electric vehicle supply equipment (EVSE). The amendments include:
- Requiring all electric vehicle service providers make available multiple payment methods at all publicly available level 2 EVSE or direct current (DC) fast charger EVSE installed in Washington.
- Establishing requirements for all electric vehicle service providers to, at a minimum, meet and maintain nonproprietary interoperability standards for publicly available level 2 EVSE and DC fast charger EVSE.
- Establishing reasonable registration fees, in addition to the registration fees charged for each EVSE charging port to cover the remaining costs associated with enforcing EVSE accessibility rules .
- Considering establishing a differential fee to reduce the potential burden of the registration fee for electric vehicle service providers operating fewer than 25 publicly available EVSE in Washington.
The rulemaking documents are available here.
The department is planning multiple stakeholder meetings throughout the development of this rule to discuss the different aspects of the required amendments and is actively encouraging all members of the electric vehicle industry, including members of the public who utilize electric vehicle charging stations, to participate in those meetings. Online meetings (you can call in, too) are scheduled for Sept. 8, Sept. 22 and Sept. 29. For more information and to participate, you can contact Tim Elliott at the Ag Department: tell...@agr.wa.gov or (360) 902-1984.