[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Rules and Regulations]
[Pages 61705-61708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24158]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0574; FRL-8814-02-R10]


Approval and Promulgation of Air Quality Implementation Plans; 
Washington; Low Emission Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Washington State Implementation Plan (SIP) pertaining 
to adoption by reference of a Low Emission Vehicle (LEV) program by the 
State of Washington. The Clean Air Act (CAA) grants authority to the 
EPA to adopt Federal standards relating to the control of emissions 
from new motor vehicles, and generally preempts states from doing so. 
However, the CAA provides California the ability to adopt and enforce 
its own new motor vehicle emission standards, as long as the EPA 
approves California's standards via a preemption waiver. The CAA also 
allows other states to adopt California's new motor vehicle emission 
standards for which the EPA has granted such a

[[Page 61706]]

waiver providing other relevant criteria are met. Washington adopted 
California's LEV emission standards in 2005, effective with new 
vehicles sold in model year 2009. Washington subsequently amended its 
new motor vehicle emissions program to incorporate California's LEV 
updates to its program. The purpose of this SIP revision is to 
implement programs to reduce vehicle emissions that contribute to 
formation of ground level ozone and fine particulate matter. Washington 
did not submit provisions related to greenhouse gas emissions from new 
motor vehicles or zero-emission vehicles requirements for inclusion in 
the SIP. The EPA is approving and incorporating by reference 
Washington's LEV SIP revision, as it relates to criteria pollutants, in 
accordance with the requirements of the CAA.

DATES: This final rule is effective December 8, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2019-0574. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information the disclosure 
of which is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available at https://www.regulations.gov, or please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, it means the EPA.

I. Background

    On August 18, 2021, we proposed to approve and incorporate by 
reference the provisions of Washington Administrative Code, Chapter 
173-423 Low Emission Vehicles submitted by the Department of Ecology 
(86 FR 46169). The reasons for our proposed approval were stated in the 
proposed rulemaking and will not be re-stated here. The public comment 
period for our proposed approval ended on September 17, 2021, and we 
received one comment in support of the proposed approval. Therefore, we 
are finalizing our action as proposed.

II. Final Action

    The EPA is approving, and incorporating by reference into the 
Washington SIP, the following provisions of Washington Administrative 
Code (WAC), Chapter 173-423 Low Emission Vehicles submitted by the 
Department of Ecology:
     WAC 173-423-010, state effective December 29, 2012;
     WAC 173-423-020, state effective December 31, 2005;
     WAC 173-423-025, state effective December 31, 2005;
     WAC 173-423-030, state effective December 31, 2005;
     WAC 173-423-040, except 173-423-040(3), state effective 
December 29, 2012;
     WAC 173-423-050, except 173-423-050(2)(g), state effective 
December 29, 2012;
     WAC 173-423-060, state effective December 29, 2012;
     WAC 173-423-070, except the incorporation by reference of 
California code sections 1961.1 and 1961.3, state effective January 27, 
2019;
     WAC 173-423-080, state effective December 29, 2012;
     WAC 173-423-100, state effective December 29, 2012;
     WAC 173-423-110, state effective December 29, 2012;
     WAC 173-423-120, state effective December 29, 2012;
     WAC 173-423-130, state effective December 31, 2005;
     WAC 173-423-140, state effective December 31, 2005; and
     WAC 173-423-150, state effective December 31, 2005.

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text in an EPA 
final rule that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the regulations described in section II of this preamble. 
The EPA has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and at the EPA Region 10 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).
    Therefore, these materials have been approved by the EPA for 
inclusion in the SIP, have been incorporated by reference by the EPA 
into that plan, are fully federally enforceable under sections 110 and 
113 of the CAA as of the effective date of the final rule of the EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

[[Page 61707]]

    The SIP is not approved to apply on any Indian reservation land in 
Washington except as specifically noted below and is also not approved 
to apply in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
Washington's SIP is approved to apply on non-trust land within the 
exterior boundaries of the Puyallup Indian Reservation, also known as 
the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement 
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and 
local agencies in Washington authority over activities on non-trust 
lands within the 1873 Survey Area. Consistent with EPA policy, the EPA 
provided a consultation opportunity to the Puyallup Tribe in a letter 
dated July 15, 2019.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 7, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 29, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart WW--Washington

0
2. In Sec.  52.2470(c), Table 1 is amended by adding the heading 
Washington Administrative Code, Chapter 173-423--Low Emission 
Vehicles'' immediately after the entry for ``173-415-070'' titled and 
adding entries for ``173-423-010'', ``173-423-020'', ``173-423-025'', 
``173-423-030'', ``173-423-040'', ``173-423-050'', ``173-423-060'', 
``173-423-070'', ``173-423-080'', ``173-423-100'', ``173-423-110'', 
``173-423-120'', ``173-423-130'', ``173-423-140'', and ``173-423-150'' 
under the newly added heading to read as follows:


Sec.  52.2470  Identification of plan.

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    (c) * * *

                                     Table 1--Regulations Approved Statewide
 [Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup
    Indian Reservation) and any other area where the EPA or an Indian tribe has demonstrated that a tribe has
                                                  jurisdiction]
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                                                      State
     State citation            Title/subject        effective      EPA approval date           Explanations
                                                       date
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                     Washington Administrative Code, Chapter 173-423--Low Emission Vehicles
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173-423-010.............  Purpose................     12/29/12  11/8/21, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].
173-423-020.............  Applicability..........     12/31/05  11/8/21, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].
173-423-025.............  Effective Date.........     12/31/05  11/8/21, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].
173-423-030.............  Incorporation by            12/31/05  11/8/21, [INSERT
                           Reference.                            FEDERAL REGISTER
                                                                 CITATION].
173-423-040.............  Definitions and             12/29/12  11/8/21, [INSERT         Except 173-423-040(3).
                           Abbreviations.                        FEDERAL REGISTER
                                                                 CITATION].
173-423-050.............  Requirement to Meet         12/29/12  11/8/21, [INSERT         Except 173-423-
                           California Vehicle                    FEDERAL REGISTER         050(2)(g).
                           Emission Standards.                   CITATION].
173-423-060.............  Exemptions.............     12/29/12  11/8/21, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].
173-423-070.............  Emission Standards,          1/27/19  11/8/21, [INSERT         Except the
                           Warranty, Recall and                  FEDERAL REGISTER         incorporation by
                           Other California                      CITATION].               reference of
                           Provisions Adopted by                                          California code
                           Reference.                                                     sections 1961.1 and
                                                                                          1961.3.
173-423-080.............  Fleet Average               12/29/12  11/8/21, [INSERT
                           Nonmethane Organic Gas                FEDERAL REGISTER
                           (NMOG) and NMOG Plus                  CITATION].
                           NOX Exhaust Emission
                           Requirements,
                           Reporting and
                           Compliance..
173-423-100.............  Manufacturer Delivery       12/29/12  11/8/21, [INSERT
                           Reporting Requirements.               FEDERAL REGISTER
                                                                 CITATION].
173-423-110.............  Warranty Requirements..     12/29/12  11/8/21, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].

[[Page 61708]]

 
173-423-120.............  Recalls................     12/29/12  11/8/21, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].
173-423-130.............  Surveillance...........     12/31/05  11/8/21, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].
173-423-140.............  Enforcement............     12/31/05  11/8/21, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].
173-423-150.............  Severability...........     12/31/05  11/8/21, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].
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[FR Doc. 2021-24158 Filed 11-5-21; 8:45 am]
BILLING CODE 6560-50-P