Public Comment Form

Commenting open: September 07, 2023 12:00AM PT - November 01, 2023 11:59PM PT.

Chapter 173-446 WAC: APCR Rulemaking Formal Comment Period

Rule proposal notice

Ecology is making two clarifications to the rules governing the cap-and-invest program under RCW 70A.65 (Chapter 173-446 WAC). These rule clarifications concern the operation of the Allowance Price Containment Reserve (APCR). Ecology will make two rule changes to clarify:

  • That the existing holding limits specified in WAC 173-446-150(2)(a), that apply to allowances with a “vintage,” also apply to the “vintage less” allowances that are acquired through APCR auctions. "Vintage year" means the annual allowance allocation budget year to which an individual Washington GHG allowance is assigned. This means that one entity can hold only a certain number of allowances in its account at a time.
  • Adding language to WAC 173-446-370 to clarify that any allowances purchased in an APCR auction must be deposited directly into the entity’s compliance account. This change would prevent those allowances from being sold or traded on the secondary market, thereby ensuring that the allowances will be used to meet compliance obligations and not for speculative purposes.

We have also adopted emergency rules on this subject. Please visit our website for information and to participate in the permanent rulemaking process:

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