Chapter 173-424 WAC – Clean Fuels Program

We propose to update Chapter 173-424 WAC, Clean Fuels Program Rule. The rule aims to reduce the  carbon intensity of transportation fuels used in Washington.

This rulemaking will align the Clean Fuel Standard with ESSB 5447 (2023-2024), which promotes the production and use of low-carbon sustainable aviation fuels in Washington. Sustainable aviation fuel reduces emissions from aviation, which has been identified as one of the most difficult transportation sectors to decarbonize.

Our rulemaking will align with the law by codifying Dec. 31, 2023 as the deadline for us to accept sustainable aviation fuel pathways for credit generation under the Clean Fuel Standard. Cleaner fuels will generate more credits, thereby incentivizing the production of low carbon intensity sustainable aviation fuel.

This rulemaking may also consider other changes to strengthen or streamline the Clean Fuel Standard program, such as establishing requirements for a third-party verification program and refining the compliance and enforcement process. Read the full list of changes we are considering.

Rulemaking timeline

Announcement phase (CR-101)

Filing date:
Dec. 18, 2023


Announcement documents

Rule development phase

Dec. 18, 2023 – Fall 2024

Public input & involvement

Public comment period (informal)
Feb. 15, 2024 – Mar. 24, 2024

Comment online about updates to the Clean Fuel Standard Program rule.


Ecology's public meetings

Date Documents Location
Thursday
Feb. 22, 2024
1 PM – 3 PM

Agenda
Presentation

webinar recording 1

Wednesday
Feb. 28, 2024
1 PM – 3 PM
Agenda
Presentation
webinar recording 1

1 Webinar information:
   Register for each webinar to get your meeting ID and passcode.
   To hear the webinar better or to call in only, use your phone (instead of the computer) to call 253‑215‑8782.

 

Proposed changes

This rulemaking may consider the following changes to strengthen or streamline the Clean Fuel Standard program:

  • Update the deadline at which we must accept sustainable aviation fuel pathways for Clean Fuel Standard credit generation from Oct. 1, 2024 to Dec. 31, 2023.
  • Establish requirements for a third-party verification program for fuel pathway applications and data reports submitted by market participants.
  • Update requirements to further encourage the production of low carbon intensity sustainable aviation fuels.
  • Amend or refine the compliance and enforcement process for the Clean Fuel Standard.
  • Update the rule language to:
    • Improve clarity and readability
    • Align the rule with guidance documents
    • Correct errors
    • Make miscellaneous improvements to program implementation
  • Update book-and-claim accounting requirements for electricity and biomethane.
  • Align the rule with Oregon and/or California low carbon or clean fuel program requirements.

We are not considering changing other main components of the program, including:

  • Annual carbon intensity standards
  • Tier 2 WA-GREET model
  • Land use change factors

Additional languages

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.