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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules
423 Low Emission Vehicles with one important caveat. Washington did not submit provisions related to Californias greenhouse gas motor vehicle emission standards.7 A strikeout version of Chapter 173423 WAC with the greenhouse gas provisions excluded from our proposed approval is included in the docket for this action.8 These exclusions are also noted in the table of regulations proposed for approval in section III. of this preamble. Lastly, as discussed in section I.E. of this preamble, Chapter 173423 WAC does
not include Californias zero emission vehicle requirements.9
III. The EPAs Proposed Action As previously noted, under section 177 of the CAA, states with CAA part D attainment or maintenance plans, such as Washington, are authorized to adopt Californias standards in lieu of federal vehicle standards. Washington first adopted the California standards effective December 31, 2005; however, the state did not submit the LEV rules for approval in the SIP at the time. In
2019, Washington submitted the LEV
rules to strengthen the SIP with respect to ozone control statewide, including current maintenance areas.10 We are proposing to approve Washingtons request because it meets the requirements of section 177 of the CAA.
Specifically, the EPA is proposing to approve and incorporate by reference into the Washington SIP at 40 CFR
52.2470c, Table 1Regulations Approved Statewide, the regulations listed in the table below.

WASHINGTON ADMINISTRATIVE CODE, CHAPTER 173423LOW EMISSION VEHICLES
State citation 173423010
173423020
173423025
173423030
173423040
173423050

173423060
173423070
173423080

173423100
173423110
173423120
173423130
173423140
173423150

Purpose
Applicability
Effective Date
Incorporation by Reference
Definitions and Abbreviations
Requirement to Meet California Vehicle Emission Standards.
Exemptions
Emission Standards, Warranty, Recall and Other California Provisions Adopted by Reference.
Fleet Average Nonmethane Organic Gas NMOG and NMOG Plus NOX Exhaust Emission Requirements, Reporting and Compliance..
Manufacturer Delivery Reporting Requirements ..
Warranty Requirements
Recalls
Surveillance
Enforcement
Severability

IV. Incorporation by Reference In this document, the EPA is proposing to include in a final rule, regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is proposing to incorporate by reference the regulations shown in section III of this preamble.
The EPA has made, and will continue to make, these documents 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.

jbell on DSKJLSW7X2PROD with PROPOSALS

V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a 7 See National Ambient Air Quality Standards:
Infrastructure State Implementation Plan for 2015
Ozone and 2010 Sulfur Dioxide, Appendix B.
8 See 301_proposed IBR_Chapter 173423 WAC_
strike through.pdf.

VerDate Sep<11>2014

State effective date
Title/subject
16:40 Aug 17, 2021

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12/29/12
12/31/05
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12/31/05
12/29/12
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1/27/19

Explanation
Except 1734230403.
Except 1734230502g.
Except the incorporation by reference of California code sections 1961.1 and 1961.3.

12/29/12

12/29/12
12/29/12
12/29/12
12/31/05
12/31/05
12/31/05

SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed 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 proposed 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. 1044;
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;

9 On May 10, 2021, Ecology announced intent to start rulemaking to revise Chapter 173423 WAC to include zero emission vehicles for passenger cars, light duty trucks, and medium duty vehicles; zero emission vehicles for medium and heavy duty
trucks Advanced Clean Trucks; and low emission vehicle requirements for medium duty vehicles.
10 See 102_state submittal_2018 ISIP for 2015 03
and 2010 S02 NAAQS included in the docket for this action.

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