WAC 173-446-050

(1) Any person that meets the applicability conditions in WAC 173-446-030 or 173-446-060 will receive written notice from ecology that it must register as a covered entity in Washington's cap and invest program. That notice will be sent to the designated representative and alternate designated representative as established under WAC 173-441-060 of each covered entity. To register, each covered entity must follow the registration process provided in subsection (5) of this section.

(2) The owner or operator of any reporter under chapter 173-441 WAC that is not a covered entity may request to be registered in Washington's cap and invest program as an opt-in entity. To register, the opt-in entity must follow the registration process provided in subsection (5) of this section. Upon registration, opt-in entities incur compliance obligations for the GHGs they emit and are subject to the same program requirements as covered entities.

(3) Any party who is not a reporter but is responsible for GHG emissions in Washington may voluntarily participate in the cap and invest program as an opt-in entity. To participate, these opt-in entities must:

(a) Report their GHG emissions to ecology under the voluntary reporting requirements in WAC 173-441-030(5);

(b) Request to be registered in the cap and invest program as an opt-in entity;

(c) Follow the registration process provided in subsection (5) of this section;

(d) Except as provided in (e) of this subsection, make and submit the following attestation, signed by the primary account representative or alternate account representative for the party: "I certify under penalty of perjury under the laws of the state of Washington that I am authorized to make this submission on behalf of the party requesting to register as an opt-in entity in Washington's cap and invest program. I certify under penalty of perjury that the facility or facilities, electric power entity or entities, or fuel supplier or suppliers associated with the party, will report the greenhouse gas emissions for which they are responsible in conformance with chapter 173-441 WAC. I certify under penalty of perjury under the laws of the state of Washington that I have personally examined, and am familiar with, the statements and information submitted in this document. I certify under penalty of perjury under the laws of the state of Washington that the statements and information submitted to Ecology are true, accurate, and complete. I consent to the jurisdiction of Washington state, its courts, and the pollution control hearings board for purposes of enforcement of the laws, rules, and regulations pertaining to chapters 173-446 WAC and 70A.65 RCW. I am aware that there are significant penalties for submitting false or misleading statements and attestations, including financial penalties of up to $50,000 for each day that such party is registered in Washington's cap and invest program based on false or misleading information.";

(e) For federally recognized tribes who elect to participate as opt-in entities pursuant to RCW 70A.65.090(5), make and submit the following attestation, signed by the primary account representative or alternate account representative for the tribe: "I certify under penalty of perjury under the laws of the state of Washington that I am authorized to make this submission on behalf of the tribal government requesting to register as an opt-in entity in Washington's cap and invest program. I certify under penalty of perjury that the facility or facilities, electric power entity or entities, or fuel supplier or suppliers associated with the tribe, will report the greenhouse gas emissions for which they are responsible in conformance with chapter 173-441 WAC. I certify under penalty of perjury under the laws of the state of Washington that I have personally examined, and am familiar with, the statements and information submitted in this document. I certify under penalty of perjury under the laws of the state of Washington that the statements and information submitted to Ecology are true, accurate, and complete. The tribal government on whose behalf I am authorized to make this submission has entered into a written agreement, negotiated on an individual basis between ecology and the tribal government, that establishes a dispute resolution process and/or other compliance mechanisms in order to ensure the enforceability of all applicable program requirements. I am aware that there are significant penalties for submitting false or misleading statements and attestations, including financial penalties of up to $50,000 for each day that an entity is registered in Washington's cap and invest program based on false or misleading information.";

(f) Incur compliance obligations for the GHGs they emit and be subject to the same program requirements as covered entities;

(g) Except as provided in (h) of this subsection, consent to regulation by ecology and the jurisdiction of the courts and administrative tribunals of the state of Washington with respect to any judicial or administrative enforcement action commenced by ecology to ensure compliance with the requirements of chapter 70A.65 RCW, RCW 70A.15.2200, chapter 173-441 WAC, and this chapter; and

(h) For federally recognized tribes who elect to participate as opt-in entities pursuant to RCW 70A.65.090(5), enter into a written agreement, negotiated on an individual basis between ecology and the tribal government, that establishes a dispute resolution process and/or other compliance mechanisms in order to ensure the enforceability of all program requirements applicable to the tribe in its role as an opt-in entity.

(4) Any party receiving notice that it must register as a covered entity that believes it received the notice in error and should not be a covered entity in the program may, within 30 calendar days of receiving ecology's notice, provide a signed written request to ecology asking ecology to remove it from registration and explaining why. The final determination remains with ecology.

(5) To register, each covered or opt-in entity must comply with the requirements in WAC 173-446-105 through 173-446-140, and provide the following information to ecology electronically in a format specified by ecology:

(a) Name, contact information, physical and mailing address, and entity type of the party;

(b) Tracking system identification number, if applicable;

(c) Name, physical address of workplace, mailing address, phone number, and email address of each of the party's control persons as defined in WAC 173-446-020;

(d) Names and contact information for individuals or parties controlling over 10 percent of the beneficial ownership or voting rights attached to all the outstanding voting securities of the party;

(e) Date and place of business registration with a Secretary of State within the United States, and an active file number or ID number assigned by a Secretary of State within the United States, if applicable. If an entity is unable to register with a Secretary of State, then it must submit a certificate of existence or an equivalent certificate from a Secretary of State within the United States. This information is not required for a covered or opt-in entity that is government-operated or tribally owned;

(f) A government issued taxpayer identification number or employer identification number, or for parties located in the United States, a U.S. federal tax employer identification number, if assigned;

(g) Name, physical address of workplace, phone number, email address, and the name of the employer of any individual with knowledge of or access to the party's market position, as defined in WAC 173-446-020. Employees, delegates, and officials of local, state, and federal regulatory agencies who have the ability to gain knowledge of or access to the entity's market positions pursuant to any applicable local, state, or federal rules, orders, or decisions are excluded from this disclosure requirement.

(h) When there is a change to the information the registrant has submitted pursuant to this subsection, registrants must update the registration information within 30 calendar days of the change unless otherwise specified.

(6) The registrant must notify ecology within 10 business days of an exchange clearing house issuing a notice of charges to the registrant or entering into a settlement agreement with an exchange clearing house for conduct involving derivatives or swaps based on compliance instruments for Washington's program or a GHG ETS of a linked jurisdiction.

(7) When there is a change to the government-issued taxpayer identification number or employer identification number, or a U.S. federal tax employer identification number, if assigned, that a registrant submitted pursuant to (5) of this section, the registrant must reregister for new accounts within 30 calendar days of the change, and cannot maintain the same tracking system account identification number.