WAC 173-424-560

(1) Heavy-duty hydrogen refueling infrastructure (HD-HRI) pathways.

(a) HRI pathway eligibility. A hydrogen station owner may submit an application to certify an HD-HRI pathway subject to the following eligibility conditions:

(i) The proposed HRI must be located in Washington and built to primarily service heavy-duty FCEVs; and

(ii) The station must be either:

(A) Open to the public, meaning that no obstructions or obstacles exist to preclude vehicle operators from entering the station premises, no access cards or personal identification (PIN) codes are required for the station to dispense fuel, and no formal or registered station training shall be required for individuals to use the hydrogen refueling station; or

(B) A shared HD-HRI refueling station, as defined in WAC 173-424-110(143);

(iii) The HRI pathway application must be received on or before December 31, 2030; and

(iv) The following stations are not eligible for HRI crediting:

(A) Any station receiving or spending funds pursuant to any settlement related to any Washington or federal regulation enforcement; or

(B) Any station built as a required mitigation measure pursuant to the State Environmental Policy Act.

(b) HRI application requirements. For each hydrogen refueling station, the station owner must submit an application in the WFRS containing the following information:

(i) Name and address of the owner of the proposed station.

(ii) Contact person for the owner entity, including:

(A) Name;

(B) Title or position;

(C) Phone number;

(D) Mobile phone number;

(E) Email address.

(iii) Name, street address, latitude, longitude, and a location description for the proposed station.

(iv) Expected daily permitted hours of operation for the station. If the daily permitted hours are less than 24 hours, the applicant must provide documentation from a permitting authority demonstrating that daily permitted hours for the station are limited.

(v) The station nameplate refueling capacity for the permitted hours of operation calculated using the HySCapE 1.0 model or an equivalent model or capacity estimation methodology approved by ecology. The applicant must submit a completed model with the application. The application for heavy-duty vehicles shall not be accepted until HySCapE model or equivalent model or capacity estimation methodology is approved by ecology for this vehicle size category.

(vi) The HRI refueling capacity for the station is the nameplate refueling capacity determined in (b)(v) of this subsection or 3,000 kg/day, whichever is less.

(vii) The number of dispensing units at the station.

(viii) Expected source(s) of hydrogen, CI value(s), and method(s) used for delivery.

(ix) Expected date that the station will be operational.

(x) Justification for the station location and how the proposed location contributes in developing a hydrogen refueling station network to support ZEV adoption. The justification must include:

(A) The role(s) the station location will play in the developing hydrogen station network;

(B) The means by which the station contributes to robust growth of the statewide hydrogen fueling network;

(C) Demonstration of potential for consistent and calculable hydrogen demand;

(D) Demonstration that the proposed station capacity is an appropriate capacity based on documented, verifiable, and reproducible projections of daily hydrogen demand at the proposed location;

(E) Calculation of the projected trajectory of annualized average station utilization (calculated as annual throughput divided by annual station capacity) at the proposed location; and

(F) Demonstration that the proposed station location has been discussed with local authorities having jurisdiction and no early roadblocks have been identified.

(xi) A signed attestation letter from the applicant attesting to the veracity of the information in the application packet. The attestation letter must be submitted as an electronic copy, be on company letterhead, be signed by an officer of the applicant with authority to attest to the veracity of the information in the application and to sign on behalf of the applicant, be from the applicant and not from an entity representing the applicant (such as a consultant or legal counsel), and include the following attestation:

I, an authorized representative of _______________ (applicant entity), attest to the veracity of the information submitted as part of the Heavy-Duty Hydrogen Refueling Infrastructure (HD-HRI) application, attest that the proposed FSE is not receiving funds pursuant to any enforcement settlement related to any Washington or Federal regulation, and declare that the information submitted accurately represents the anticipated and intended design and operation of the hydrogen refueling station. Further, I understand and agree to each of the statements in the attached application. I am a duly authorized officer with authority to attest to the veracity of the information in the application and to sign on behalf of the respective applicant.

I understand that the following information in the HD-HRI application will be made available on the Washington CFP website: Name of the Applicant Entity, Station Name, Station Address, Number of Dispensing Units, HD-HRI Refueling Capacity, and Effective Date Range for HD-HRI Crediting.

By submitting this application, ________________________ (applicant entity) accepts responsibility for the information herein provided to Ecology. I certify under penalty of perjury under the laws of the Washington State that I have personally examined, and am familiar with, the statements and information submitted in this document. I certify that the statements and information submitted to Ecology are true, accurate, and complete.

(xii) For any submitted documents that an applicant entity wishes to be designated as CBI and protected from public disclosure, the applicant entity must submit a CBI request pursuant to RCW 43.21A.160.

(xiii) An application and supporting documents must be submitted electronically via WFRS unless ecology has approved or requested in writing another format.

(c) Application approval process.

(i) The HD-HRI application must be approved by ecology before the station owner may generate hydrogen refueling infrastructure credits. If estimated potential HD-ZEV credits from all approved stations exceed two and one-half percent of deficits in the most recent quarter, ecology will not approve additional HD-HRI pathways and will not accept additional applications until estimated potential HD-ZEV capacity credits are less than two and one-half percent of deficits. All HD-ZEV applications will be evaluated for approval on a first-come first-served basis.

Estimated potential HRI credits will be calculated using the following equation:

(ii) After receipt of an application designated by the applicant as ready for formal evaluation, ecology will advise the applicant in writing either that:

(A) The application is complete; or

(B) The application is incomplete, in which case ecology will identify which requirements of (b) of this subsection have not been met.

(I) The applicant may submit additional information to correct deficiencies identified by ecology.

(II) If the applicant is unable to achieve a complete application during the quarter of ecology's receipt of the original application, the application will be denied on that basis, and the applicant will be informed in writing. Following the denial, the applicant may submit a new application for the site.

(C) At any point during the application evaluation process, ecology may request in writing additional information or clarification from the applicant.

(iii) Ecology will not approve an application if it determines, based upon the information submitted in the application and any other available information, that the application does not meet requirements in (a) and (b) of this subsection. Ecology may reject an application if satisfactory justification is not provided for station location pursuant to (b)(x) of this subsection. If ecology does not approve the application, the applicant will be notified in writing and the basis for the disapproval shall be identified.

(iv) If ecology determines that the applicant and application have met all requirements for approval pursuant to (a) and (b) of this subsection, ecology will approve the application and provide an approval summary on ecology's CFP website including the station location and assigned identifier, number of dispensing units, HD-HRI refueling capacity, and effective date range for HD-HRI pathway crediting.

(v) Crediting period. HRI crediting is limited to 15 consecutive years, starting with the quarter ecology approved the application.

(d) Requirements to generate HD-HRI credits. To generate credits using HRI pathways the station must meet the following conditions. The station owner must maintain, and submit to ecology upon request, records demonstrating adherence to these conditions.

(i) The station owner must update the HD-HRI refueling capacity if different from the design HD-HRI refueling capacity provided in the application. Any station design or operational information that deviates from the original application must be declared to ecology, and a new attestation must be submitted pursuant to (b) of this subsection.

(ii) For sites that are open to the public, the FSE that charges a fee for service must be capable of supporting a public point-of-sale method that accepts all major credit or debit cards. This requirement does not apply to shared refueling sites that do not utilize point-of-sale payment terminals.

(iii) The station uses a system that verifies the availability of the station for refueling, similar to being connected with the station operational status system (SOSS), and:

(A) The station passed final inspection by the appropriate authority having jurisdiction and has a permit to operate.

(B) The station owner has fully commissioned the station, and has declared it fit to service retail FCV drivers. This includes the station owner's declaration that the station meets an appropriate SAE fueling protocol.

(C) At least three OEMs have confirmed that the station meets protocol expectations, and their customers can fuel at the station.

(D) All retail dispensers installed in the hydrogen refueling station have been inspected for compliance with NIST Handbooks 130 and 44 standards as adopted in chapter 16-662 WAC and have a seal of approval issued by the Washington state department of agriculture.

(iv) The FSE registration must be completed pursuant to WAC 173-424-300 (1)(h) and the quantity of dispensed hydrogen must be reported as required in WAC 173-424-420.

(v) Dispensed hydrogen meets the following CI and renewable content requirements on a company-wide, weighted average basis. Ecology will consider all the stations registered by an entity with a unique FEIN in the WFRS for calculating the company-wide weighted average CI and renewable content.

(A) CI of 120 gCO2e/MJ or less; and

(B) Renewable content of 50 percent or greater; and

(C) Starting January 1, 2030, the renewable hydrogen requirements specified in WAC 173-424-120 (4)(d).

(vi) The station must be operational within 24 months of application approval. If the applicant fails to demonstrate the operability within 24 months of approval, and estimated potential HD-ZEV credits exceed two and one-half percent of deficits in the most recent quarter deficit data is available, then the application will be canceled. The applicant can reapply in the following quarter for the same station eligible only for nine years of crediting.

(vii) The estimated cumulative value of HRI credits generated for the FSE in the prior quarter must be less than the difference between one and one-half times the initial capital expenditure reported pursuant to (f)(iii)(A) of this subsection and the total grant revenue or other external funding received towards capital, operational, and maintenance expenditures in the prior quarter.

(A) The estimated value of HD-HRI credits, for the purpose of this determination, shall be calculated using the number of HD-HRI credits generated for the FSE in the quarter and the average CFP credit price for that quarter published on ecology's CFP website.

(B) The cumulative credit value generated for each FSE will be tracked as the sum of all quarterly credit values in constant-dollar for the year in which the HD-HRI application was approved using an annual discount rate of 10 percent.

(C) The estimated value calculated under this provision will be made available only to the respective reporting entity in WFRS and will not be published on ecology's CFP website.

(D) This will not affect the reporting entity's ability to generate non-HD-HRI CFP credits for the hydrogen dispensed at the FSE.

(e) Calculation of HRI credits. HRI credits will be calculated using the following equation:

(f) Reporting and recordkeeping requirements. The following must be reported to ecology each quarter as set forth in WAC 173-424-420 before credits will be issued to the WFRS account associated with an approved HD-HRI pathway.

(i) Station availability. This is the percentage of hours the station is available for fueling during the quarter relative to the permitted hours of operation for the station. Any period of time that a portion of the station capacity is not available will count as a prorated amount of station availability, proportional to the percentage of the station capacity that remains available for fueling for this period of time.

(ii) Company-wide, weighted average renewable content (percent) for dispensed hydrogen.

(iii) Cost and revenue data. Provide an initial account of the following costs borne and revenues received by the station owner up through the first reporting quarter per station. Following the initial report, provide an account once per year of the costs borne and revenues received by the station owner, per station, through the most recent reporting quarter.

(A) Total capital expenditures ($)

(B) Total delivered cost ($) of hydrogen and average delivered cost ($/kg) for hydrogen

(C) Total maintenance costs ($)

(D) Total land rental cost ($)

(E) Total grant revenue or other external funding received towards capital expenditures ($)

(F) Total grant revenue or other external funding received towards operational and maintenance expenditures ($)

(G) Total revenue ($) received from sale of hydrogen and average retail price ($/kg) for hydrogen sold

(H) Other operational expenditures ($)

(I) If the site is registered as shared, the names of the fleet owners and number of vehicles that refueled at the site at least once in the most recent reporting quarter.

(g) Applications for expanded HD-HRI refueling capacity. Station owners who expand the capacity of a station and that is already generating HD-HRI credits under the CFP must submit an application to ecology to generate additional credits based on the updated capacity. Applications for expanded station capacity must be received before December 31, 2030, and do not extend the effective date range for the HD-HRI crediting specified upon initial project approval in (c)(iv) of this subsection. The application must include the following elements:

(i) In order to be eligible to generate HD-HRI credits for expanded capacity, the station owner must demonstrate that station throughput in a reporting quarter is greater than or equal to 50 percent of the original approved HD-HRI refueling capacity multiplied by the number of days in the quarter, assuming 100 percent uptime.

(ii) Updated nameplate refueling capacity and updated HD-HRI refueling capacity.

(iii) If the sources of hydrogen and delivery methods stated in the original HRI application will change as a result of the added capacity, the station owner must disclose the new hydrogen sources and delivery methods.

(iv) The station owner must maintain records demonstrating that any new equipment added as a result of the expansion in capacity, including storage and fueling dispensers, meet the requirements in WAC 173-424-560(1).

(2) Heavy-duty DC fast charging infrastructure (HD-FCI) pathways.

(a) FCI pathway eligibility. An FSE owner may submit an application to receive an HD-FCI pathway subject to the following eligibility conditions:

(i) The proposed FSE is located in Washington and serves heavy-duty electric vehicles.

(ii) The proposed FSE is either:

(A) Open to the public, meaning that no obstructions or obstacles exist to preclude vehicle operators from entering the FSE premises, no access cards or personal identification (PIN) codes are required for the FSE to dispense fuel, and no formal or registered equipment training shall be required for individuals to use the FSE; or

(B) A shared HD-FCI charging site, as defined in WAC 173-424-110(144).

(iii) The HD-FCI application must be received on or before December 31, 2030.

(iv) Upon an individual applicant's estimated potential HD-ZEV credits, calculated pursuant to (c)(ii) of this subsection, exceeding 0.5 percent of the deficits in the prior quarter, ecology will not approve additional HD-FCI pathways or sites for that applicant until their estimated potential HD-ZEV credits are less than 0.5 percent of deficits.

(v) Each FSE must have a minimum nameplate power rating of 50 kW.

(b) The following FSE are not eligible for HD-FCI crediting:

(i) Any FSE that is permitted to operate prior to January 1, 2023; or

(ii) Any FSE built as a required mitigation pursuant to the State Environmental Policy Act (SEPA).

(c) HD-FCI application requirements. The applicant must submit an application in the WFRS containing the following information: 

(i) Name and address of the owner of the proposed FSE. 

(ii) Contact person for the owner entity. 

(A) Name; 

(B) Title or position; 

(C) Phone number; 

(D) Mobile phone number; 

(E) Email address. 

(iii) Name, street address, latitude, longitude, electric utility, and a location description for each proposed FSE site. 

(iv) The number of FSEs.

(v) The nameplate power rating (kW), connector type(s), and model for each FSE. The total nameplate power rating for all FSE eligible for HD-FCI credits under this provision cannot exceed 10 MW. This limit applies to HD-FCI credits only and does not affect other credit generation under this chapter. 

(vi) The HD-FCI charging capacity for each FSE calculated using the following equation:

(vii) Expected date that the FSE will be operational, meaning fully constructed and available to charge heavy-duty electric vehicles. 

(viii) Expected daily permitted hours of operation for the site. If the daily permitted hours are less than 24 hours, the applicant must provide documentation from a permitting authority demonstrating that daily permitted hours for the FSE are limited. 

(ix) For shared HD-FCI charging sites, a declaration from the applicant that the site will be available on a continual basis to at least two third-party heavy-duty EV fleets under separate ownership and control.

(x) A signed attestation letter from the applicant attesting to the veracity of the information in the application packet. The attestation letter must be submitted as an electronic copy, be on company letterhead, be signed by an officer of the applicant with authority to attest to the veracity of the information in the application and to sign on behalf of the applicant, be from the applicant and not from an entity representing the applicant (such as a consultant or legal counsel), and include the following attestation:

I, an authorized representative of ____________ (proposed FSE owner entity), attest to the veracity of the information submitted as part of the Heavy-Duty DC Fast Charging Infrastructure (HD-FCI) application, and declare that the information submitted accurately represents the anticipated and intended design and operation of the charging infrastructure. Further, I understand and agree to each of the statements in the attached application. I am a duly authorized officer with authority to attest to the veracity of the information in the application and to sign on behalf of the respective applicant. 

I understand that the following information in the FCI application will be made available on the Washington CFP website: Name of the Applicant Entity, Site Name, Site Address, Number and Type of Charging Units, Nameplate and Effective Simultaneous Power Rating for Each Unit, and Effective Date Range for HD-FCI Crediting.

By submitting this application, ____________ (applicant entity) accepts responsibility for the information herein provided to Ecology. 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 that the statements and information submitted to Ecology are true, accurate, and complete. 

(xi) For any submitted documents that an applicant entity wishes to be designated as CBI and protected from public disclosure, the applicant entity must submit a CBI request pursuant to RCW 43.21A.160. 

(xii) An application and supporting documents must be submitted electronically via the WFRS unless ecology has approved or requested in writing another format. 

(d) Application approval process. 

(i) The HD-FCI application must be approved by ecology before the applicant may generate FCI credits. If estimated potential HD-ZEV capacity credits from all approved FSEs exceed two and one-half percent of deficits in the most recent quarter, ecology will not approve additional HD-FCI pathways and will not accept additional applications until HD-ZEV credits are less than two and one-half percent of deficits. Estimated potential HD-ZEV credits will be calculated using the following equation:

HD-FCI and HD-HRI applications will be evaluated for approval on a first-come first-served basis. 

Estimated potential HD-FCI credits will be calculated using the following equation:

(ii) The estimated potential FCI credits for an individual applicant will be calculated using the same equation as above, where: 

(iii) After receipt of an application designated by the applicant as ready for formal evaluation, ecology shall advise the applicant in writing either that:

(A) The application is complete; or

(B) The application is incomplete, in which case ecology will identify which requirements of (c) of this subsection have not been met.

(I) The applicant may submit additional information to correct deficiencies identified by ecology.

(II) If the applicant is unable to achieve a complete application during the quarter of ecology's receipt of the original application, the application will be denied on that basis, and the applicant will be informed in writing. Following the denial, the applicant may submit a new application for the site.

(C) At any point during the application evaluation process, ecology may request in writing additional information or clarification from the applicant.

(iv) Ecology shall not approve an application if it determines that the application does not meet requirements in (a), (b), and (c) of this subsection, based upon the information submitted in the application and any other available information. If ecology does not approve the application, the applicant will be notified in writing and the basis for the disapproval shall be identified.

(v) If ecology determines the application has met all requirements for approval pursuant to (a), (b), and (c) of this subsection, ecology will approve the application and provide an approval summary on ecology's CFP website including the site location and FSE ID, number and type of FSE, nameplate and effective simultaneous power rating for each FSE, and effective date range for HD-FCI pathway crediting.

(vi) Crediting period. HD-FCI crediting is limited to 10 years starting with the quarter of ecology approval of the application.

(e) Requirements to generate HD-FCI credits. To generate credits using HD-FCI pathways the following conditions must be met.

(i) The applicant must update the nameplate and effective simultaneous power rating of FSE if different from the power rating provided in the application. Any FSE design or operational information that deviates from the original application must be declared to ecology, and a new attestation must be submitted using the language in (c) of this subsection.

(ii) For sites that are open to the public, the FSE that charges a fee for service must be capable of supporting a public point-of-sale method that accepts all major credit or debit cards.  This requirement does not apply to shared charging sites that do not utilize point-of-sale payment terminals.

(iii) The FSE passed final inspection by the appropriate authority having jurisdiction and has a permit to operate.

(iv) The FSE owner has fully commissioned the FSE declared it fit to service heavy-duty EV drivers.

(v) The FSE registration must be completed pursuant to WAC  173-424-300  (1)(h) and the quantity of dispensed electricity must be reported as required in WAC  173-424-420.

(vi) The FSE must be operational within 24 months of application approval. If the applicant fails to demonstrate the operability within 24 months of approval and estimated potential HD-ZEV credits exceed two and one-half percent of deficits in the most recent quarter deficit data is available, then the application will be canceled. The applicant can reapply the following quarter for the same FSE site eligible only for six years of crediting.

(vii) The estimated cumulative value of HD-FCI credits generated for the FSE in the prior quarter must be less than the difference between one and one-half times the initial capital expenditure, not including on-site generation, reported pursuant to (g)(ii)(A) of this subsection, and the total grant revenue or other external funding received towards capital, operational and maintenance expenditures in the prior quarter, reported pursuant to (g)(ii)(E) of this subsection in the prior quarter.

(A) The estimated value of HD-FCI credits, for the purpose of this determination, shall be calculated using the number of HD-FCI credits generated for the FSE in the quarter and the average CFP credit price for that quarter published on ecology's CFP website.

(B) The cumulative credit value generated for each FSE will be tracked as the sum of all quarterly credit values in constant-dollar for the year in which the FCI application was approved using an annual discount rate of 10 percent.

(C) The estimated value calculated under this provision will be made available only to the respective reporting entity in WFRS and will not be published on ecology's CFP website.

(D) This will not affect the reporting entity's ability to generate non-FCI CFP credits for the electricity dispensed at the FSE.

(viii) The applicant must maintain, and submit to ecology upon request, records demonstrating adherence to these conditions.

(f) Calculation of HD-FCI credits. HD-FCI credits will be calculated using the following equation for each FSE approved under this provision:

(g) Reporting and recordkeeping requirements. The following must be reported to ecology each quarter as set forth in WAC 173-424-420   before credits will be issued to the WFRS account associated with an approved HD-FCI pathway.

(i) FSE availability. This is the percentage of hours the FSE is available for charging during the quarter relative to the permitted hours of operation for the site.

(ii) Cost and revenue data. Provide an initial account of the following costs borne and revenues received by the FSE owner up through the first reporting quarter per site. Following the initial report, provide an account once per year of the costs borne and revenues received by the FSE owner, per charging site, up through the most recent reporting quarter.

(A) Total capital expenditures ($)

(B) Total delivered cost ($) of electricity, including demand charges, and average delivered cost ($/kWh) for electricity.

(C) Total maintenance costs ($)

(D) Total land rental cost ($)

(E) Total grant revenue or other external funding received towards capital expenditures ($)

(F) Total grant revenue or other external funding received towards operational and maintenance expenditures ($)

(G) Total revenue ($) received from sale of electricity and average retail price ($/kWh) for electricity sold .

(H) Other operational expenditures ($)

(I) If the site is registered as shared, the names of the fleet owners and number of vehicles that charged at the site at least once in the most recent reporting quarter.

(h) Applications for expanded HD-FCI capacity. Applicants who increase the power rating of an FSE or add an FSE to a site that is already generating FCI credits under the CFP must submit an application to ecology to generate additional credits based on the increased power or number of FSEs. Applications must be received before December 31, 2030, and do not extend the end date for the HD-FCI crediting specified upon initial project approval in (d) of this subsection. The application must include the following elements:

(i) Updated number and type of FSE at the site.

(ii) Updated HD-FCI charging capacity, nameplate power rating and effective simultaneous power rating for each FSE at the site.

(iii) The applicant must maintain records demonstrating that any new equipment added as a result of the expansion in capacity meet the requirements listed in this subsection.

(i) Applications for expanded HD-FCI capacity. Applicants who increase the power rating of an FSE or add an FSE to a site that is already generating FCI credits under the CFP must submit an application to ecology to generate additional credits based on the increased power or number of FSEs. Applications must be received before December 31, 2030, and do not extend the end date for the HD-FCI crediting specified upon initial project approval in (d) of this subsection. The application must include the following elements:

(i) Updated number and type of FSE at the site.

(ii) Updated HD-FCI charging capacity, nameplate power rating and effective simultaneous power rating for each FSE at the site.

(iii) The applicant must maintain records demonstrating that any new equipment added as a result of the expansion in capacity meet the requirements listed in this subsection.

(3) Light- and medium-duty DC fast charging infrastructure (FCI) pathways.

(a) FCI pathway eligibility. An FSE owner may submit an application to receive an FCI pathway subject to the following eligibility conditions:

(i) The proposed FSE must be located in Washington and constructed to charge light- and medium-duty electric vehicles.

(ii) The FCI pathway application must be received on or before December 31, 2029.

(iii) The proposed FSE must be open to the public for charging, meaning that no obstructions or obstacles exist to preclude vehicle operators from entering the FSE premises, no access cards or personal identification (PIN) codes are required for the FSE to dispense fuel, and no formal or registered equipment training shall be required for individuals to use the FSE.

(iv) Upon an individual applicant's estimated potential LMD-FCI credits, calculated pursuant to (c)(ii) of this subsection, exceeding 0.5 percent of the deficits in the prior quarter, ecology will not approve additional LMD-FCI pathways or sites for that applicant until their estimated potential LMD-FCI credits are less than 0.5 percent of deficits.

(v) The following FSE are not eligible for FCI crediting:

(A) Any FSE that is permitted to operate prior to January 1, 2023; or

(B) Any FSE built as a required mitigation measure pursuant to the State Environmental Policy Act (SEPA).

(vi) Each FSE must have a minimum nameplate power rating of 50 kW.

(vii) Each FSE must be networked and capable of monitoring and reporting its availability for charging.

(b) FCI application requirements. The applicant must submit an application in the WFRS containing the following information:

(i) Name and address of the owner of the proposed FSE.

(ii) Contact person for the owner entity.

(A) Name;

(B) Title or position;

(C) Phone number;

(D) Mobile phone number;

(E) Email address.

(iii) Name, street address, latitude, longitude, electric utility, and a location description for each proposed FSE site.

(iv) The number of FSEs, including all on-site FSEs that draw from the same power source and are not eligible for LMD-FCI credits, such as Level 2 chargers.

(v) The nameplate power rating (kW), connector type(s), and model for each FSE.

(A) The total nameplate power rating for all FSE at a single site claiming LMD-FCI credits under this provision cannot exceed 1,500 kW. This limit applies to LMD-FCI capacity credits only and does not preclude additional FSE from generating other CFS credits under this chapter.

(B) Notwithstanding (b)(v)(A) of this subsection, upon request, ecology may approve an LMD-FCI application with total nameplate power rating for all FSE at a single site up to 3,600 kW. The total number of FSE at sites with total nameplate power rating greater than 1,500 kW cannot exceed 10 percent of total FSE approved under LMD-FCI pathways. The applicant must provide justification for requesting a total power rating greater than 1,500 kW at the given site.

(vi) The effective simultaneous power rating (kW) for each FSE calculated using the equation below. The effective simultaneous power rating must be at least 50 percent of the nameplate power rating for each FSE.

(vii) The FCI charging capacity for each FSE calculated using the following equation:

(viii) Expected date that the FSE will be operational.

(ix) Expected daily permitted hours of operation for the site. If the daily permitted hours are less than 24 hours, the applicant must provide documentation from a permitting authority demonstrating that daily permitted hours for the FSE are limited.

(x) A signed attestation letter from the applicant attesting to the veracity of the information in the application packet. The attestation letter must be submitted as an electronic copy, be on company letterhead, be signed by an officer of the applicant with authority to attest to the veracity of the information in the application and to sign on behalf of the applicant, be from the applicant and not from an entity representing the applicant (such as a consultant or legal counsel), and include the following attestation:

I, an authorized representative of _______________ (proposed FSE owner entity), attest to the veracity of the information submitted as part of the Light- and Medium-Duty DC Fast Charging Infrastructure (LMD-FCI) application, and declare that the information submitted accurately represents the anticipated and intended design and operation of the charging infrastructure. Further, I understand and agree to each of the statements in the attached application. I am a duly authorized officer with authority to attest to the veracity of the information in the application and to sign on behalf of the respective applicant.

I understand that the following information in the LMD-FCI application will be made available on the Washington CFP website: Name of the Applicant Entity, Site Name, Site Address, Number and Type of Charging Units, Nameplate and Effective Simultaneous Power Rating for Each Unit, and Effective Date Range for LMD-FCI Crediting.

By submitting this application, ________________________ (applicant entity) accepts responsibility for the information herein provided to Ecology. 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 that the statements and information submitted to Ecology are true, accurate, and complete.

(xi) For any submitted documents that an applicant entity wishes to be designated as CBI and protected from public disclosure, the applicant entity must submit a CBI request pursuant to RCW 43.21A.160.

(xii) An application and supporting documents must be submitted electronically via the WFRS unless ecology has approved or requested in writing another format.

(c) Application approval process.

(i) The LMD-FCI application must be approved by ecology before the applicant may generate LMD-FCI credits. If estimated potential LMD-FCI credits from all approved FSEs exceed two and one-half percent of deficits in the most recent quarter, ecology will not approve additional LMD-FCI pathways and will not accept additional applications until LMD-FCI credits are less than two and one-half percent of deficits. LMD-FCI applications will be evaluated for approval on a first-come first-served basis.

Estimated potential FCI credits will be calculated using the following equation:

(ii) The estimated potential LMD-FCI credits for an individual applicant will be calculated using the same equation as above, where:

(iii) After receipt of an application designated by the applicant as ready for formal evaluation, ecology shall advise the applicant in writing either that:

(A) The application is complete; or

(B) The application is incomplete, in which case ecology will identify which requirements of (b) of this subsection have not been met.

(I) The applicant may submit additional information to correct deficiencies identified by ecology.

(II) If the applicant is unable to achieve a complete application during the quarter of ecology's receipt of the original application, the application will be denied on that basis, and the applicant will be informed in writing. Following this notice, the applicant may subsequently submit a new application for the site.

(C) At any point during the application evaluation process, ecology may request in writing additional information or clarification from the applicant.

(iv) Ecology shall not approve an application if it determines that the application does not meet requirements in (a) and (b) of this subsection, based upon the information submitted in the application and any other available information. If ecology does not approve the application, the applicant will be notified in writing and the basis for the disapproval shall be identified.

(v) If ecology determines the application has met all requirements for approval pursuant to (a) and (b) of this subsection, ecology will approve the application and provide an approval summary on ecology's CFP website including the site location and FSE ID, number and type of FSE, nameplate and effective simultaneous power rating for each FSE, and effective date range for LMD-FCI pathway crediting.

(vi) Crediting period. LMD-FCI crediting is limited to five years, starting with the quarter ecology approved of the application.

(d) Requirements to generate LMD-FCI credits. To generate credits using LMD-FCI pathways the following conditions must be met. The applicant must maintain, and submit to ecology upon request, records demonstrating adherence to these conditions.

(i) The applicant must update the nameplate and effective simultaneous power rating of FSE if different from the power rating provided in the application. Any FSE design or operational information that deviates from the original application must be declared to ecology, and a new attestation must be submitted using the language in (b) in this subsection.

(ii) The FSE that charges a fee for service must be capable of supporting a public point-of-sale method that accepts all major credit or debit cards.

(iii) The FSE passed final inspection by the appropriate authority having jurisdiction and has a permit to operate.

(iv) The FSE owner has fully commissioned the FSE, and has declared it fit to service retail EV drivers.

(v) The FSE registration must be completed pursuant to WAC 173-424-300 (1)(h) and the quantity of dispensed electricity must be reported as required in WAC 173-424-420.

(vi) The FSE must be operational within 12 months of application approval. If the applicant fails to demonstrate operability within 12 months and the estimated potential FCI credits exceed two and one-half percent of deficits in the most recent quarter deficit data is available, then the application will be canceled. The applicant can reapply the following quarter for the same FSE site, eligible only for two years of crediting.

(vii) For sites approved for FCI crediting prior to the November 20, 2025: The estimated cumulative value of FCI credits generated for the FSE in the prior quarter must be less than the difference between the total capital expenditure reported pursuant to subsection (1)(f)(iii)(A) of this section and the total grant revenue or other funding reported pursuant to subsection (1)(f)(iii)(E) of this section in the prior quarter.

(viii) For sites approved after November 20, 2025: The estimated cumulative value of FCI credits generated for the FSE in the prior quarter must be less than the difference between one and one-half times the initial capital expenditure, not including on-site generation capital expenditure reported pursuant to subsection (3)(f)(ii)(A) of this section and the total grant revenue or other external funding received towards capital, operational and maintenance expenditures in the prior quarter, reported pursuant to subsection (3)(f)(ii)(E) of this section in the prior quarter.

(A) The estimated value of LMD-FCI credits, for the purpose of this determination, shall be calculated using the number of LMD-FCI credits generated for the FSE in the quarter and the average CFP credit price for that quarter published on ecology's CFP website.

(B) The cumulative credit value generated for each FSE will be tracked as the sum of all quarterly credit values in constant-dollar for the year in which the LMD-FCI application was approved using an annual discount rate of 10 percent.

(C) The estimated value calculated under this provision will be made available only to the respective reporting entity in WFRS and will not be published on ecology's CFP website.

(D) This will not affect the reporting entity's ability to generate non-FCI CFP credits for the electricity dispensed at the FSE.

(e) Calculation of LMD-FCI credits. LMD-FCI credits will be calculated using the following equation for each FSE approved under this provision:

(f) Reporting and recordkeeping requirements. The following must be reported to ecology each quarter as set forth in WAC 173-424-420 before credits will be issued to the WFRS account associated with an approved LMD-FCI pathway.

(i) FSE availability. This is the percentage of hours the FSE is available for charging during the quarter relative to the permitted hours of operation for the site.

(ii) Cost and revenue data. For sites approved for LMD-FCI crediting prior to November 20, 2025: Provide a quarterly account of the following costs borne and revenues received by the FSE owner up through the reporting quarter per site.

(iii) For sites approved for LMD-FCI crediting after November 20, 2025: Provide an initial account of the following costs borne and revenues received by the FSE owner up through the first reporting quarter per site. Following the initial report, provide an account once per year of the costs borne and revenues received by the FSE owner, per charging site, up through the most recent reporting quarter.

(A) Total capital expenditures ($)

(B) Total delivered cost ($) of electricity, including demand charges, and average delivered cost ($/kWh) for electricity

(C) Total maintenance costs ($)

(D) Total land rental cost ($)

(E) Total grant revenue or other external funding received towards capital expenditures ($)

(F) Total grant revenue or other external funding received towards operational and maintenance expenditures ($)

(G) Total revenue ($) received from sale of electricity and average retail price ($/kWh) for electricity sold

(H) Other operational expenditures ($)

(g) Applications for expanded LMD-FCI capacity. Applicants who increase the power rating of an FSE or add an FSE to a site that is already generating LMD-FCI credits under the CFP must submit an application to ecology to generate additional credits based on the increased power or number of FSEs. Applications must be received before December 31, 2029, and do not extend the end date for the LMD-FCI crediting specified upon initial project approval in (c) of this subsection. The application must include the following elements.

(i) Updated number and type of FSE at the site.

(ii) Updated FCI charging capacity, nameplate power rating and effective simultaneous power rating for each FSE at the site.

(iii) The applicant must maintain records demonstrating that any new equipment added as a result of the expansion in capacity meet the requirements listed in this subsection.