WAC 173-407-010   Policy and purpose of Part I.  (1) It is the policy of the state to require mitigation of the emissions of carbon dioxide (CO₂) from all new and certain modified fossil-fueled thermal electric generating facilities with station-generating capability of more than 25 megawatts of electricity (MWe).

     (2) A fossil-fueled thermal electric generating facility is not subject to the requirements of chapter 173-401 WAC solely due to its emissions of CO₂.

     (a) Emissions of other regulated air pollutants must be a large enough quantity to trigger those requirements.

     (b) For fossil-fueled thermal electric generating facilities that are subject to chapter 173-401 WAC, the CO₂ mitigation requirements are an applicable requirement under that regulation.

     (3) A fossil-fueled thermal electric generating facility not subject to the requirements of chapter 173-401 WAC is subject to the requirements of the registration program in chapter 173-400 WAC.



[Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order 07-11), § 173-407-010, filed 6/19/08, effective 7/20/08. Statutory Authority: RCW 70.94.892 and chapter 80.70 RCW. 05-01-237 (Order 03-09), § 173-407-010, filed 12/22/04, effective 1/22/05.]