Section 173-424-120 - Applicability(1) Except as exempted in WAC 173-424-130, this rule applies to:(a) Any transportation fuel, as defined in WAC 173-424-110, that is sold, supplied, or offered for sale in Washington; and(b) Any fuel reporting entity, as defined in WAC 173-424-110 and specified in WAC 173-424-200 through 173-424-220 is responsible for reporting a transportation fuel in a calendar year.(2) Regulated fuels. This rule applies to the following types of transportation fuels including, but not limited to: (b) Diesel or diesel fuel;(c) Fossil compressed natural gas (fossil CNG), fossil liquefied natural gas (fossil LNG), or fossil liquefied compressed natural gas (fossil L-CNG);(d) Compressed or liquefied hydrogen (hydrogen);(e) A fuel blend containing greater than 10 percent ethanol by volume;(f) A fuel blend containing biomass-based diesel;(g) Denatured fuel ethanol (E100);(h) Neat biomass-based diesel (B100 or R100); (i) Fossil LPG/propane; and(j) Other liquid or nonliquid transportation fuels as determined by ecology.(3)Opt-in fuel.(a) Each fuel in (b) of this subsection is presumed to meet the carbon intensity standards (benchmarks) in WAC 173-424-900 Table 1 and 2 for a specific year.(b) A fuel provider for the following alternative fuels may generate CFP credits for such fuels by electing to opt into the CFP as an opt-in fuel reporting entity under WAC 173-424-140(2) and meeting all applicable requirements of the CFP: (v) Alternative jet fuel; and(vi) Renewable propane or renewable LPG.(4)Annual carbon intensity benchmarks for an alternative fuel intended for use in a single-fuel vehicle.(a) Gasoline and gasoline substitutes. A regulated party or credit generator must comply with the benchmarks for gasoline and gasoline substitutes in WAC 173-424-900 Table 1 for alternative fuel intended to be used in a single-fuel light-duty or medium-duty vehicle.(b) Diesel and diesel substitute. A regulated party or credit generator must comply with the benchmarks for diesel fuel and diesel fuel substitutes in WAC 173-424-900 Table 2 for alternative fuel intended to be used in a single-fuel application other than a single-fuel light-duty or medium-duty vehicle.(c) Carbon intensity benchmarks for transportation fuels intended for use in multifuel vehicles. Credit and deficit calculations for alternative fuel provided for use in a multifueled vehicle shall be established via:(i) The benchmarks for gasoline set forth in WAC 173-424-900 Table 1 if one of the fuels used in the multifuel vehicle is gasoline; or(ii) The benchmarks for diesel fuel set forth in WAC 173-424-900 Table 2 if one of the fuels used in the multifuel vehicle is diesel fuel.Wash. Admin. Code § 173-424-120
Adopted by WSR 22-24-004, Filed 11/28/2022, effective 12/29/2022