WAC 173-407-200   Requirement for and timing of sequestration plan or sequestration program submittals under Part II.  (1) A sequestration plan for a source that begins sequestration after the start of commercial operation shall be submitted when:

     (a) A site certification application is submitted to EFSEC for a new baseload electric generation facility or baseload electric cogeneration facility or new unit at an existing baseload electric generation facility or baseload electric cogeneration facility;

     (b) A site certification application is submitted to EFSEC for an upgrade to an existing baseload electric generation facility or unit or baseload electric cogeneration facility or unit that has a site certificate and the upgrade is not an exempt upgrade;

     (c) A notice of construction application is submitted to ecology or a local authority for a new baseload electric generation facility or baseload electric cogeneration facility or unit at a baseload electric generation facility or baseload electric cogeneration facility;

     (d) A notice of construction application is submitted to ecology or a local authority for an upgrade to an existing baseload electric generation facility or unit or an existing baseload electric cogeneration facility or unit and the upgrade is not an exempt upgrade;

     (e) A baseload electric generation facility or unit or baseload electric cogeneration facility or unit enters a new long-term financial commitment with an electric utility to provide baseload power and the facility or unit does not comply with the emissions performance standard in effect at the time the new long-term financial commitment occurs; or

     (f) A qualifying ownership interest change occurs and the facility or unit does not comply with the emissions performance standard in effect at the time the change in ownership occurs.

     (2) A sequestration program for a source that begins sequestration on or before the start of commercial operation is required to be submitted when:

     (a) A site certification application is submitted to EFSEC for new baseload electric generation facility or unit or baseload electric cogeneration facility or unit;

     (b) A site certification application is submitted to EFSEC for an upgrade to an existing baseload electric generation facility or unit or baseload electric cogeneration facility or unit that has a site certificate and the upgrade is not an exempt upgrade;

     (c) A notice of construction application is submitted to ecology or a local authority for a new baseload electric generation facility or unit or baseload electric cogeneration facility or unit;

     (d) A notice of construction application is submitted to ecology or a local authority for an upgrade to an existing baseload electric generation facility or unit or baseload electric cogeneration facility or unit and the upgrade is not an exempt upgrade;

     (e) A baseload electric generation facility or unit or baseload electric cogeneration facility or unit enters a new long-term financial commitment with an electric utility to provide baseload power if the facility or unit does not comply with the emissions performance standard in effect at the time the new long-term financial commitment occurs; or

     (f) A qualifying ownership interest change occurs and the facility does not comply with the emissions performance standard in effect at the time the change in ownership occurs.



[Statutory Authority: Chapter 80.80 RCW. 08-14-011 (Order 07-11), § 173-407-200, filed 6/19/08, effective 7/20/08.]