WAC 173-424-840

(1) Application for approval. A business entity or person seeking ecology approval or renewal of ecology approval to perform verification under this chapter as a verification body or verifier must submit an application to ecology, on a form approved by ecology, that includes the following information:

(a) For verifier applications, a statement about whether the application is for approval as a verifier, a lead verifier, or a sector specific verifier;

(b) A statement about which specific types of fuel pathway applications or specific types of CFS reports submitted under WAC 173-424-610, or any combination therein, for which the applicant is seeking approval to perform verification;

(c) Documentation demonstrating that the person or business entity holds the accreditation requirements described in subsection (2) of this section;

(d) Additional information as required by subsections (2) through (7) of this section, as applicable;

(e) A certification that the person or business entity agrees to comply with and be subject to the requirements of this chapter in relation to all verification work for responsible entities; and

(f) Any other information requested by ecology that ecology determines is relevant to determine whether to approve the applicant.

(2) Application information and accreditation criteria for approval. Any person or business entity that wants to perform verification under this chapter must provide documentation that the person has met all the following criteria for approval, as applicable for the type of verification approval the applicant seeks:

(a) The person or business entity holds an active accreditation under at least one of the following programs:

(i) CARB's low carbon fuel standard program (LCFS);

(ii) CARB's mandatory reporting of greenhouse gas emissions program (MRR);

(iii) American National Standards Institute for Greenhouse Gas Validation/Verification Bodies (ANSI); or

(iv) OR-DEQ's clean fuels program (CFP); or

(v) A substantially equivalent program to one of the programs described in (a)(i), (ii), (iii), or (iv) of this subsection and approved by ecology.

(b) To provide verification services for CFS reports or fuel pathway applications submitted under this chapter, the person or business entity must hold accreditation under CARB's LCFS or OR-DEQ's CFP, or a substantially equivalent program approved by ecology;

(c) All applicants must submit additional information in the application with details of accreditation and verification experience including, but not limited to, recognition or designation as a lead verifier or sector specific verifier, and sector specific accreditations by CARB or organization-level sector accreditations by ANSI, as applicable, to demonstrate qualifications to provide verification services for specific types of fuel pathway applications or specific types of CFS reports submitted under WAC 173-424-610, or any combination therein.

(3) Application information and criteria for approval for a verification body. To be approved as a verification body, the applicant must also submit the following information to ecology in the application:

(a) A list of all verification staff and subcontractors and a description of their duties and qualifications, including ecology-approved verifiers on staff. The applicant must demonstrate staff qualifications by listing each individual's education, experience, professional licenses, accreditations, status as verifier, lead verifier, or sector specific verifier, and other relevant information. A verification body must employ or retain at least two lead verifiers, which may include retention as subcontractors. Any subcontractor used to meet minimum lead verifier requirements must be approved as a lead verifier by ecology.

(b) A list of any judicial proceedings, enforcement actions, or administrative actions filed against the verification body within the previous five years, with an explanation as to the nature of the proceedings;

(c) Documentation that demonstrates that the body maintains a minimum of four million U.S. dollars of professional liability insurance;

(d) Identification of services provided by the verification body, the industries that the body serves, and the locations where those services are provided;

(e) A detailed organizational chart that includes the verification body, its management structure, and any related entities; and

(f) The verification body's internal conflict of interest policy that identifies activities and limits to monetary or nonmonetary gifts that apply to all employees and procedures to monitor potential conflicts of interest.

(4) Application information and criteria for approval as a verifier. To be approved as a verifier, the applicant must also submit the following information to ecology in the application:

(a) Applicants must indicate their employer or affiliated verification body on the application; and

(b) Applicants must demonstrate verification qualifications by providing information on education, experience, professional licenses, accreditations, status as verifier, lead verifier, or sector specific verifier, and other relevant information or other personal development activities that demonstrate communication, technical, and analytical skills necessary to perform verification. Evidence demonstrating necessary skills may include, but is not limited to:

(i) A bachelor's level college degree or equivalent in engineering, science, technology, business, statistics, mathematics, environmental policy, economics, or financial auditing; or

(ii) Work experience in a professional role involved in emissions data management, emissions technology, emissions inventories, environmental auditing, financial auditing, life cycle analysis, transportation fuel production, or other technical skills necessary to perform verification.

(5) Application information and criteria for approval as a lead verifier for the CFS. To be approved as a lead verifier for verification of CFS reports or fuel pathway applications submitted under this chapter, in addition to submitting information as required by subsection (4) of this section, the applicant must also submit the following documentation to ecology in the application:

(a) Indication that the applicant is accredited as a lead verifier by CARB for the LCFS program, or is designated as a lead verifier by a substantially equivalent program approved by ecology;

(b) To be approved as a lead verifier for verification of fuel pathway applications or annual fuel pathway reports, the applicant must also submit documentation to ecology in the application that demonstrates experience in alternative fuel production technology and process engineering; and

(c) To be approved as a lead verifier for the verification of fuel transaction reports submitted by producers and importers of gasoline or diesel, crude oil quarterly and annual volume reports, and carbon sequestration project reports, the applicant must submit documentation to ecology in the application that demonstrates experience with oil and gas systems. This evidence may include accreditation as an oil and gas systems sector specific specialist.

(6) Application information and criteria for approval as a sector specific verifier. To be approved as a sector specific verifier, in addition to submitting information as required by subsection (4) of this section, the applicant must also submit documentation to ecology in the application demonstrating at least two years of professional experience related to the sector in which the individual is seeking approval.

(7) Verification training and exam requirements.

(a) To be approved by ecology, applicants must take ecology-approved general verification training, sector specific verification training, CARB LCFS verification training, and Washington CFS specific verification training, as made available and deemed applicable by ecology based on the application submitted to ecology and for the type of approval the applicant has requested.

(b) Applicants must receive a passing score of greater than an unweighted 70 percent on an exit examination.

(i) If the applicant does not pass the exam after the training, the applicant may retake the exam a second time.

(ii) Only one retake of the examination is allowed before the applicant must retake the applicable training.

(8) Ecology application review and approval process for verification bodies and verifiers.

(a) After receipt of an application under this section, ecology will inform the applicant either that a submitted application is complete or that additional specific information is required to make the application complete. If the application is incomplete, ecology will not consider the application further until the applicant provides the additional information requested by ecology.

(b) Ecology will review submitted applications and prescreen to ensure the applicant met all applicable regulatory requirements and passes the performance review as defined in WAC 173-424-800(10), prior to notifying an applicant in writing which verification training(s) and exam(s) are required to be completed according to subsection (7) of this section. An applicant may choose to take trainings and exams in addition to those required by ecology.

(c) Ecology will not consider or issue final approval until ecology finds an application for approval as a verification body or verifier is complete and meets all applicable requirements under subsection (1) of this section and all required verification training(s) and exam(s), as deemed applicable by ecology under (b) of this subsection, have been completed according to subsection (7) of this section.

(d) Following completion of the application process and all applicable training and examination requirements, ecology will notify the applicant in writing if approval has been granted or denied.

(i) Ecology may issue approval to verification bodies, verifiers, lead verifiers, and sector specific verifiers that apply and meet the criteria under this section and successfully complete verification training(s) and exam(s) as required under subsection (7) of this section.

(ii) Ecology approval will be limited to certain report types, data types, sources of emissions, or sectors, according to the information in the application and the qualifications of the applicant, and based on ecology's determination of whether the applicant demonstrates, to ecology's satisfaction, sufficient knowledge of the relevant methods and requirements in this chapter, as applicable.

(iii) Ecology will maintain a current list of approved verification bodies, verifiers, lead verifiers, and sector specific verifiers on ecology's website.

(e) Ecology approval is valid for a period of three years from the date the approval is issued by ecology, provided the applicant has not been subject to ecology action under subsection (10) of this section. Ecology may require accredited entities to take additional training as a condition of maintaining accreditation. The applicant may reapply for approval as a verification body, verifier, lead verifier, or sector specific verifier following the same application procedures according to this section and must satisfy all ecology training and examination requirements applicable at the time of reapplication. The performance review requirement set forth in (b) of this subsection must be met for accreditation to be renewed.

(9) Requirements to maintain ecology approval.

(a) Except as provided under (c) of this subsection, a verification body, verifier, lead verifier, or sector specific verifier must notify ecology within 30 calendar days of when it no longer meets the requirements for approval under subsections (1) through (7) of this section, as applicable.

(b) A verification body must notify ecology of any verifier staffing changes within 30 calendar days of any such change as these changes are considered an amendment to the verification body's approval.

(c) Ecology must be notified immediately if a verification body or verifier loses or withdraws from accreditation under any program specified or approved under subsection (1)(a) of this section.

(d) Within 20 calendar days of being notified of any nonconformance in another voluntary or mandatory greenhouse gas emissions reporting program or fuels program, an ecology-approved verification body or verifier must provide written notice to ecology of the nonconformance, including a copy of any written notification of nonconformance from the agency or body that administers the program, and information about any corrective actions taken by the verification body or verifier. That notification must include reasons for the corrective action and the type of corrective action. The verification body or verifier must provide additional information to ecology upon request.

(e) Verification bodies and verifiers must provide in a reasonably timely manner any and all information that ecology reasonably requires for the purpose of evaluating continued compliance with the requirements of this chapter, including the criteria for approval.

(10) Modification, suspension, or revocation of ecology approval.

(a) Ecology may modify, suspend, or revoke an approval to perform verification if a verification body or verifier:

(i) Fraudulently obtained or attempted to obtain accreditation under any program specified under subsection (1) of this section;

(ii) Fraudulently obtained or attempted to obtain approval from ecology under this chapter;

(iii) Failed at any time to satisfy the eligibility criteria and requirements specified under subsections (1) through (7) of this section;

(iv) Does not satisfy the requirements to maintain approval according to subsection (9) of this section;

(v) Provided verification services that failed to meet the requirements under WAC 173-424-830;

(vi) Violated the conflict of interest requirements under WAC 173-424-850; or

(vii) Knowingly or recklessly submitted false or inaccurate information or verification statement(s) to ecology.

(b) A verifier or verification body that is subject to an ecology action to modify, suspend, or revoke an approval to perform verification may contest ecology's action by providing ecology with a written request for a hearing within 20 calendar days of being notified of ecology's action.

(i) The hearing will be conducted as an adjudicative proceeding under RCW 34.05.413 through 34.05.476.

(ii) Any ecology action taken in (a) of this subsection will remain in place pending the outcome of the contested case.

(iii) A verification body or verifier that has had approval to perform verification revoked may reapply according to subsections (1) through (7) of this section after the applicant demonstrates to ecology that the cause of the revocation has been resolved.

(11) Voluntary withdrawal from ecology approval. An approved verification body or verifier may request to voluntarily withdraw its approval by providing a written notice to ecology requesting such withdrawal.