Washington § 70A.65.137 - Waste to energy facilities — Emissions and waste reduction plan.

(1) By December 1, 2030, the owner or operator of a waste to energy facility constructed prior to 1992 must provide a two-part plan to the department and the department of commerce. The plan must include a proposed greenhouse gas emissions reduction plan and a waste reduction and material recovery plan. The greenhouse gas emissions reduction portion of the plan must outline how the facility will achieve emissions reductions consistent with the state emissions limits for 2040 and 2050 under chapter 70A.45 RCW. The waste reduction and material recovery portion of the plan must be consistent with the state's waste management hierarchy established in RCW 70A.205.005, take into consideration the organic material management policies in RCW 70A.205.540 and 70A.205.545 and the expected impacts of chapter 70A.208 RCW, and consider the local solid waste plan under chapter 70A.205 RCW. The department may provide technical assistance and guidance for development and implementation of the plan required by this section.

(2) In the plan, an owner or operator of the waste to energy facility may:

(a) Propose that emissions reductions be achieved by any combination of carbon capture, sequestration or other captured carbon use adopted by rule or policy by the department, waste reduction activities, recycling and reuse activities, energy conservation, industrial symbiosis, or other greenhouse gas emissions reduction strategies identified by the owners or operators of the waste to energy facility; and

(b) Include the projected costs of emissions reductions at the facility, and may include information on funding options such as revenues from consigned no-cost allowances and funding from public and private sources.

(3) In developing the plan, the owner or operator of the waste to energy facility must consider social, environmental, and health factors in overburdened communities and vulnerable populations, and consult with local municipally created stakeholder and community advisory bodies formed with the purpose of advising on climate or sustainability decisions.

(4) Within 180 days of receipt, the department, in consultation with the department of commerce, must complete its review of the plan. The owner or operator of the waste to energy facility, in consultation with the advisory groups specified in subsection (3) of this section, must address the department's comments and finalize the plan within 120 days of receipt of the department's comments. The owner or operator of the waste to energy facility must take reasonable steps towards implementation of the plan and operate the facility and take other actions, as appropriate, consistent with the goals of the plan.

Intent—2026 c 216: See note following RCW 70A.65.135.