Chapters 173-424 and 173-455 WAC – Clean Fuels Program
On November 28, 2022, Ecology adopted a new rule, Chapter 173-424 WAC, Clean Fuels Program Rule and updated Chapter 173-455 WAC, Air Quality Fee Rule.
This new rule:
- Establishes carbon intensity standards for transportation fuels used in Washington.
- Assigns compliance obligations to fuels with carbon intensities that exceed the standard.
- Establishes compliance methods including assigning credits to fuels that have carbon intensities below the standard.
We also updated Chapter 173-455 WAC to establish a process for setting fees to recover the cost of developing and implementing the program.
In May 2021, Washington enacted the Transportation Fuels – Clean Fuels Program (Chapter 70A.535 RCW) directing Ecology to adopt rules to reduce the carbon intensity of transportation fuels by 20 percent below 2017 levels by 2038. The law intends to reduce emissions of greenhouse gases and conventional air pollutants, and support the use of innovative clean fuel technologies.
Rulemaking timeline
Announcement phase (CR-101)
Filing date:
July 20, 2021
Announcement documents
Rule development phase
July 20, 2021 – July 17, 2022Public input & involvement
Public comment period (informal) – EXTENDED
October 6, 2021 – April 25, 2022 (originally April 10, 2022)
Ecology's meetings with stakeholders
1 Webinar information:
Register for each webinar to get your access code and password.
To hear the webinar better or to call in only, use your phone (instead of the computer) to call 1-855-929-3239.
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Related documents:
- Third-party cost-benefit analysis (released July 1, 2022)
- Cover letter
Rule proposal phase (CR-102)
July 18, 2022
- Proposal notice – CR-102 form
- Proposed rule language
- Preliminary Regulatory Analyses
- SEPA Determination of Nonsignificance and Environmental Checklist
Related documents:
- WA Crude Carbon Intensity Analysis
- WA Utility Carbon Intensity Calculator
- WA-GREET Electric Power document
- WA-GREET models:
• Washington *
• Montana fuels *
• Utah fuels * - WA-GREET supplemental document
- WA-Blended Fuel Carbon Intensity Calculator:
• 2017 Baseline Carbon Intensities for Blended Fuels
• Carbon Intensities of Blended Fuels for Substitute Pathways - WA Tier 1 Calculators guidance
- Tier 1 Carbon Intensity Calculator:
• Biomethane from Landfills
• Biomethane from Dairy, Swine Manure
• Biomethane from Organic Waste
• Biomethane from Wastewater Sludge
• Renewable Diesel
• Starch and Fiber Ethanol
• Sugarcane-Derived Ethanol
• Liquid Natural Gas and Liquid to Compressed Natural Gas
* This spreadsheet is a large file. Get a cup of coffee or tea while it's downloading.
Click "read only" at the password pop-up box.
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Comment period
Comments were due by August 31, 2022. We accepted comments in the following ways:
-
Comment online. Read comments.
- Attend a public hearing online (webinar):
August 23, 2022 at 10 a.m.
- Mail to: Rachel Assink
Department of Ecology
Air Quality Program
P.O. Box 47600
Olympia, WA 98504-7600
Public hearing
Date/Time: August 23, 2022 at 10 a.m. online webinar
Location: online (webinar)
Register for the webinar to get your access code and password.
To hear the webinar better or to call in only, use your phone (instead of the computer) to call 253-215-8782.
Agenda: Presentation, question-and-answer session, followed by public hearing
Accessibility: To request ADA accommodation for the public hearing, email Ecology’s ADA coordinator by August 17, 2022. Or call (360) 407-6831, 711 (relay service), or 877-833-6341 (TTY).
Rule adoption phase (CR-103)
Nov. 28, 2022
Dec. 29, 2022
- Adoption notice – CR-103 form
- Adopted rule language
- Final Regulatory Analyses
- Concise Explanatory Statement
- Rule Implementation Plan
- SEPA Determination of Nonsignificance (DNS) and Environmental Checklist
Related documents:
- WA Crude Carbon Intensity Analysis
- WA Utility Carbon Intensity Calculator
- WA-GREET Electric Power document
- WA-GREET models:
• Washington *
• Montana fuels *
• Utah fuels * - WA-GREET supplemental document
- WA-Blended Fuel Carbon Intensity Calculator:
• 2017 Baseline Carbon Intensities for Blended Fuels
• Carbon Intensities of Blended Fuels for Substitute Pathways - WA Tier 1 Calculators guidance
- Tier 1 Carbon Intensity Calculator:
• Biomethane from Landfills
• Biomethane from Dairy, Swine Manure
• Biomethane from Organic Waste
• Biomethane from Wastewater Sludge
• Renewable Diesel
• Starch and Fiber Ethanol
• Sugarcane-Derived Ethanol
• Liquid Natural Gas and Liquid to Compressed Natural Gas
* This spreadsheet is a large file. Get a cup of coffee or tea while it's downloading.
Click "read only" at the password pop-up box.
Wait again.
Related links
Contact information
Cooper Garbe
Rulemaking Lead
cooper.garbe@ecy.wa.gov
360-485-7216
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Accessibility
To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.