WSR 08-21-132

PROPOSED RULES

DEPARTMENT OF ECOLOGY


[ Order 08-16 -- Filed October 20, 2008, 9:56 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-18-064.

     Title of Rule and Other Identifying Information: This proposal will update chapter 173-423 WAC, Low emission vehicles, to incorporate by reference recent changes to California clean car regulations as required by RCW 70.120A.010. The update includes California's environmental performance (EP) label requirement, which fulfills the requirements of RCW 70.120A.050.

     Hearing Location(s): Ecology Headquarters Building, Auditorium, 300 Desmond Drive S.E., Lacey, WA 98503, on December 9, 2008, at 7:00 p.m.

     Date of Intended Adoption: January 14, 2009.

     Submit Written Comments to: Neil Caudill, P.O. Box 47600, Olympia, WA 98504-7600, e-mail ncau461@ecy.wa.gov, fax (360) 407-7534, by 5:00 p.m., December 16, 2008.

     Assistance for Persons with Disabilities: Contact Tami Dahlgren at (360) 407-6830, by December 1, 2008. Persons with hearing loss, call 711 for Washington Relay Service. Persons with a speech disability, call (877) 833-6341.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to update chapter 173-423 WAC, Low emission vehicles, to accomplish two things:

     (1) Incorporate by reference (IBR) recent changes to California clean car regulations to maintain consistency with the California motor vehicle emission standards, and

     (2) IBR California's EP label requirement which provides global warming (greenhouse gases) and smog emissions scores for new automobiles.

     Reasons Supporting Proposal: The Washington legislature requires automotive emissions standards to be consistent with California low emission vehicles standards in Title 13 of the California Code of Regulations. The federal Clean Air Act allows states to opt into the California clean car program and requires that states who opt in maintain consistency with the California vehicle emission standards. RCW 70.120A.010 directs ecology to "amend the rules from time to time, to maintain consistency with the California motor vehicle emission standards." This rule making will IBR the latest version of Title 13 of the California Code of Regulations into chapter 173-423 WAC. The update includes California's EP label program, which also fulfills the requirements of RCW 70.120A.050.

     Statutory Authority for Adoption: RCW 70.120A.010 and 70.120A.050.

     Statute Being Implemented: RCW 70.120A.010 and 70.120A.050.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of ecology, air quality program, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Neil Caudill, Lacey, Washington, (360) 407-6811.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These amendments meet the criteria of the exemption from analysis under RCW 19.85.025 which refers to RCW 34.05.310 (4)(e) which exempts language that is dictated by statute. The reason for this is that RCW 70.120A.010 requires ecology to "amend the rules [adopting California clean car standards] from time to time to maintain consistency with the California motor vehicle emission standards and 42 U.S.C. 7507." Ecology is following this requirement.

     A cost-benefit analysis is not required under RCW 34.05.328. These amendments meet the criteria of the exemption from analysis under RCW 34.05.328 (5)[(b)](v) which exempts language that is dictated by statute. The reason for this is that RCW 70.120A.010 requires ecology to "amend the rules [adopting California clean car standards] from time to time to maintain consistency with the California motor vehicle emission standards and 42 U.S.C. 7507." Ecology is following this requirement.

October 15, 2008

Polly Zehm

Deputy Director

OTS-1897.1


AMENDATORY SECTION(Amending WSR 05-24-044, filed 11/30/05, effective 12/31/05)

WAC 173-423-070   Emission standards, warranty, recall and other California provisions adopted by reference.   Each manufacturer and each new 2009 and subsequent model year passenger car, light duty truck and medium duty passenger vehicle subject to this chapter shall comply with each applicable standard set forth in Table 070(1) and incorporated by reference:



Table 070(1)

     California Code of Regulations (CCR)

     Title 13

     Provisions Incorporated by Reference

     Effective in Washington January 1, ((2006)) 2009


Title 13 CCR

Division 3

Air Resources Board

 Title California Effective Date
Chapter 1 Motor Vehicle Pollution Control Devices
Article 1 General Provisions
Section 1900 Definitions 1/01/06
((Article 2 Approval of Motor Vehicle Pollution Control Devices

     (New Vehicles)))
Section 1956.8 (g) and (h) Exhaust Emission Standards and Test Procedures - 1985 and Subsequent Model Heavy Duty Engines and Vehicles ((1/31/05)) 10/11/07
Section 1960.1 Exhaust Emission Standards and Test Procedures - 1981 and through 2006 Model Passenger Cars, Light-Duty and Medium-Duty Vehicles 3/26/04
Section 1961 Exhaust Emission Standards and Test Procedures - 2004 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles ((1/01/06)) 6/16/08
Section 1961.1 Greenhouse Gas Exhaust Emission Standards and Test Procedures - 2009 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles 1/01/06
Section 1965 Emission Control ((and)), Smog Index, and Environmental Performance Labels - 1979 and Subsequent Model-Year Motor Vehicles ((12/04/03)) 6/16/08
Section 1968.2 Malfunction and Diagnostic System Requirements - 2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines ((4/21/03)) 11/09/07
Section 1968.5 Enforcement of Malfunction and Diagnostic System Requirements for 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines ((4/21/03)) 11/09/07
Section 1976 Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions ((11/27/99)) 1/04/08
Section 1978 Standards and Test Procedures for Vehicle Refueling Emissions ((12/04/03)) 1/04/08
Article 6 Emission Control System Warranty
Section 2035 Purpose, Applicability and Definitions ((12/26/90)) 11/09/07
Section 2036 Defects Warranty Requirements for 1979 Through 1989 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles; 1979 and Subsequent Model Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle Engines Used in Such Vehicles 5/15/99
Section 2037 Defects Warranty Requirements for 1990 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles ((11/27/99)) 11/09/07
Section 2038 Performance Warranty Requirements for 1990 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles ((11/27/99)) 11/09/07
Section 2039 Emission Control System Warranty Statement 12/26/90
Section 2040 Vehicle Owner Obligations 12/26/90
Section 2046 Defective Catalyst ((1/16/79)) 2/15/79
Chapter 2 Enforcement of Vehicle Emission Standards and Enforcement Testing
Article 2 Enforcement of New and In-Use Vehicle Standards
Section 2109 New Vehicle Recall Provisions ((11/30/83)) 12/30/83
Article 2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls
Section 2111 Applicability ((8/21/02)) 1/04/08
Section 2112 Definitions ((11/15/03)) 8/15/07
Appendix A to Article 2.1 ((11/15/03)) 8/15/07
Section 2113 Initiation and Approval of Voluntary and Influenced Emission-Related Recalls 1/26/95
Section 2114 Voluntary and Influenced Recall Plans 11/27/99
Section 2115 Eligibility for Repair 1/26/95
Section 2116 Repair Label 1/26/95
Section 2117 Proof of Correction Certificate 1/26/95
Section 2118 Notification 1/26/95
Section 2119 Recordkeeping and Reporting Requirements 11/27/99
Section 2120 Other Requirements Not Waived 1/26/95
Article 2.2 Procedures for In-Use Vehicle Ordered Recalls
Section 2122 General Provisions ((1/26/95)) 1/04/08
Section 2123 Initiation and Notification of Ordered Emission-Related Recalls 1/26/95
Section 2124 Availability of Public Hearing 1/26/95
Section 2125 Ordered Recall Plan 1/26/95
Section 2126 Approval and Implementation of Recall Plan 1/26/95
Section 2127 Notification of Owners 1/26/95
Section 2128 Repair Label 1/26/95
Section 2129 Proof of Correction Certificate 1/26/95
Section 2130 Capture Rates and Alternative Measures 11/27/99
Section 2131 Preliminary Tests 1/26/95
Section 2132 Communication with Repair Personnel 1/26/95
Section 2133 Recordkeeping and Reporting Requirements 1/26/95
Section 2135 Extension of Time 1/26/95
Article 2.4 Procedures for Reporting Failure of Emission-Related Components
Section 2141 General Provisions ((12/28/00)) 1/04/08
Section 2142 Alternative Procedures 2/23/90
Section 2143 Failure Levels Triggering Recall 11/27/99
Section 2144 Emission Warranty Information Report 11/27/99
Section 2145 Field Information Report 11/27/99
Section 2146 Emissions Information Report 11/27/99
Section 2147 Demonstration of Compliance with Emission Standards 8/21/02
Section 2148 Evaluation of Need for Recall 11/27/99
Section 2149 Notification ((of)) and Subsequent Action 2/23/90
Article 5 Procedures for Reporting Failures of Emission-Related Equipment and Required Corrective Action
Section 2166 General Provisions 1/04/08
Section 2166.1 Definitions 1/04/08
Section 2167 Emission Warranty Information Report 1/04/08
Section 2168 Supplemental Emissions Warranty Information Report 1/04/08
Section 2169 Recall and Corrective Action for Failures of Exhaust After-Treatment Devices 1/04/08
Section 2170 Recall and Corrective Action for Other Emission-Related Component Failures (On-Board Diagnostic-Equipped Vehicles and Engines) 1/04/08
Section 2171 Recall and Corrective Action for Vehicles Without On-Board Diagnostic Systems, Vehicles with Noncompliant On-Board Diagnostic Systems, or Vehicles with On-Board Computer Malfunction 1/04/08
Section 2172 Notification of Required Recall or Corrective Action by the Executive Officer 1/04/08
Section 2172.1 Ordered or Voluntary Corrective Action Plan 1/04/08
Section 2172.2 Approval and Implementation of Corrective Action Plan 1/04/08
Section 2172.3 Notification of Owners 1/04/08
Section 2172.4 Repair Label 1/04/08
Section 2172.5 Proof of Correction Certificate 1/04/08
Section 2172.6 Preliminary Tests 1/04/08
Section 2172.7 Communication with Repair Personnel 1/04/08
Section 2172.8 Recordkeeping and Reporting Requirements 1/04/08
Section 2172.9 Extension of Time 1/04/08
Section 2173 Penalties 1/04/08
Section 2174 Availability of Public Hearing 1/04/08
Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks
Section 2235 Requirements 9/17/91

[Statutory Authority: RCW 70.120A.010. 05-24-044, § 173-423-070, filed 11/30/05, effective 12/31/05.]


AMENDATORY SECTION(Amending WSR 05-24-044, filed 11/30/05, effective 12/31/05)

WAC 173-423-110   Warranty requirements.   (1) For all 2009 and subsequent model year vehicles subject to the provisions of this chapter, each manufacturer shall provide, to the ultimate purchaser and each subsequent purchaser, a warranty that complies with the requirements set forth in the California Code of Regulations, Title 13, sections 2035 through 2038, 2040, and 2046.

     (2) For all 2009 and subsequent model year vehicles subject to the provisions of this chapter, each manufacturer shall include the emission control system warranty statement that complies with the requirements in the California Code of Regulations, Title 13, section 2039. Manufacturers may modify this statement as necessary to inform Washington vehicle owners of the applicability of the warranty. The manufacturer shall provide a telephone number appropriate for Washington residents.

     (3) All manufacturers shall submit to the department of ecology Failure of Emission-Related Components reports as defined in the California Code of Regulations, Title 13, section 2144 for vehicles subject to this regulation. For purposes of compliance with this requirement, manufacturers may submit copies of the Failure of Emission-Related Components reports that are submitted to the California Air Resources Board, in lieu of submitting reports for vehicles subject to this chapter. Manufacturers may discontinue submitting these reports if so notified by the department of ecology.

     (4) Upon request, all manufacturers shall submit to the department of ecology Emission Warranty Information Reports (EWIRs) and Supplemental Emission Warranty Information Reports (SEWIRs) as defined in the California Code of Regulations, Title 13, sections 2167 and 2168 for vehicles subject to this regulation. For purposes of compliance with this requirement, manufacturers may submit copies of the EWIRs and SEWIRs that are submitted to the California Air Resources Board, in lieu of submitting reports for vehicles subject to this chapter.

[Statutory Authority: RCW 70.120A.010. 05-24-044, § 173-423-110, filed 11/30/05, effective 12/31/05.]


AMENDATORY SECTION(Amending WSR 05-24-044, filed 11/30/05, effective 12/31/05)

WAC 173-423-120   Recalls.   (1) Any order or enforcement action taken by the California Air Resources Board to correct noncompliance with any section of Title 13, which results in the recall and/or corrective action of any vehicle pursuant to the California Code of Regulations, Title 13, sections 2109 through 2135 or sections 2166 through 2172.9, shall be applicable to vehicles registered in the state of Washington. If the manufacturer can demonstrate to the department of ecology's satisfaction that the action is not applicable to vehicles registered in Washington, the action shall not apply in Washington.

     (2) Any voluntary or influenced emission-related recall campaign or corrective action initiated by any manufacturer pursuant to the California Code of Regulations, Title 13, sections 2113 through 2121 or sections 2166 through 2172.9, shall extend to all applicable vehicles registered in Washington. If the manufacturer can demonstrate to the department of ecology's satisfaction that said campaign is not applicable to vehicles registered in Washington, the campaign shall not apply in Washington.

     (3) For vehicles subject to an action pursuant to subsection (1) or (2) of this section, each manufacturer shall send to owners of vehicles registered in the state of Washington a notice that complies with the requirements in the California Code of Regulations, Title 13, sections 2118 ((or)), 2127, or 2172.3. Such notice shall contain a telephone number appropriate for Washington residents.

[Statutory Authority: RCW 70.120A.010. 05-24-044, § 173-423-120, filed 11/30/05, effective 12/31/05.]

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