Chapter 173-446A WAC

On June 1, 2022, Ecology adopted a new rule, Chapter 173-446A WAC, Criteria for Emissions-Intensive, Trade-Exposed Industries.  The purpose of this rulemaking is to implement parts of the Climate Commitment Act.  In May 2021, the governor signed the Climate Commitment Act which established a cap-and-invest program to help achieve Washington's greenhouse gas limits by 2050.

This rule:

  • Establishes criteria to identify emissions-intensive, trade-exposed (EITE) industries that will be eligible for no-cost allowances.
  • Considers the locations of potential emissions-intensive, trade-exposed businesses in relation to overburdened communities while developing the criteria.
  • Includes requirements necessary to support the above items, the overall objectives of the statute or chapter, or the goals of the Climate Commitment Act.

Rulemaking timeline


Announcement phase (CR-101)

Filing date:
Aug. 4, 2021

Announcement documents

Rule development phase

August 4, 2021 – December 21, 2021

Public input & involvement

Public comment period (informal)
September 7, 2021 – September 30, 2021

Read comments.

Ecology's meeting with stakeholders

Date Documents Location
September 21, 2021
10 a.m. – noon
Draft rule language

webinar 1
request the recording

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.

Rule proposal phase (CR-102)

Filing date:
Dec. 22, 2021

Rule proposal documents:

Comment period

Comments were due by February 1, 2022. We accepted comments in the following ways:

  • Read comments.

  • Attend a public hearing online (webinar):
    January 25, 2022 at 10 a.m.
  • Mail to:  Katie Wolt
       Department of Ecology
       Air Quality Program
       P.O. Box 47600
       Olympia, WA  98504-7600

Public hearing

Date/Time:  January 25, 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 1-855-929-3239.

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 January 18, 2022.  Or call (360) 407-6831, 711 (relay service), or 877-833-6341 (TTY).

Additional languages

Español (Spanish) 中文 (Chinese) Tiếng Việt (Vietnamese) 한국어 (Korean)


To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at, 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.