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

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

Publication: Federal Register
Agency: Environmental Protection Agency
Byline: Michelle L. Pirzadeh
Date: 8 November 2021
Subjects: American Government

, The Environment

[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
hunt.jeff@epa.gov.

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]
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