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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
waiver providing other relevant criteria are met. Washington adopted Californias 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 Californias 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 Washingtons 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. EPAR10OAR20190574. 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 AvenueSuite 155, Seattle, WA 98101, at 206 5530256, or hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever we, us, or our is used, it means the EPA.

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I. Background On August 18, 2021, we proposed to approve and incorporate by reference the provisions of Washington Administrative Code, Chapter 173423
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
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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 173423 Low Emission Vehicles submitted by the Department of Ecology:
WAC 173423010, state effective December 29, 2012;
WAC 173423020, state effective December 31, 2005;
WAC 173423025, state effective December 31, 2005;
WAC 173423030, state effective December 31, 2005;
WAC 173423040, except 173
4230403, state effective December 29, 2012;
WAC 173423050, except 173
4230502g, state effective December 29, 2012;
WAC 173423060, state effective December 29, 2012;
WAC 173423070, except the incorporation by reference of California code sections 1961.1 and 1961.3, state effective January 27, 2019;
WAC 173423080, state effective December 29, 2012;
WAC 173423100, state effective December 29, 2012;
WAC 173423110, state effective December 29, 2012;
WAC 173423120, state effective December 29, 2012;
WAC 173423130, state effective December 31, 2005;
WAC 173423140, state effective December 31, 2005; and WAC 173423150, 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
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the effective date of the final rule of the EPAs approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.1
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. 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 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. 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;
Is not subject to requirements of section 12d 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.
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FR 27968 May 22, 1997.

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