DEPARTMENT OF ECOLOGY

[Order 18-11—Filed November 7, 2018, 7:14 a.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Chapter 173-423 WAC, Low emission vehicles, establishes rules implementing the California motor vehicle emission standards adopted by the 2005 Washington legislature. This rule making incorporates by reference recent changes to California clean car rules to maintain consistency with the California motor vehicle emission standards and compliance with federal law.

For more information on this rule making visit https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC-173-423.

Hearing Location(s): On December 11, 2018, at 2:00 p.m., at a Webinar and in-person at the Department of Ecology, 300 Desmond Drive, Lacey, WA 98503.

Presentation, question and answer session followed by the hearing.

We are also holding this hearing via webinar. This is an online meeting that you can attend from any computer using internet access.

Join online and see instructions https://watech.webex.com/watech/onstage/g.php?MTID=e788c16198495653d0aed408e8f72e37e.

For audio call United States toll number 1-855-929-3239 and enter access code 809 005 897. Or to receive a free call back, provide your phone number when you join the event.

Date of Intended Adoption: December 27, 2018.

Submit Written Comments to: Elena Guilfoil, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, online http://ac.ecology.commentinput.com/?id=x2Sih, by December 18, 2018. Submit comments by mail, online, or at the hearing(s).

Assistance for Persons with Disabilities: Contact Sultana Shah, phone 360-407-7832, people with speech disability may call TTY 877-833-6341, people with impaired hearing may call Washington relay service 711, email sultana.shaw@ecy.wa.gov, by December 4, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We propose to update our rule to match revisions to California's motor vehicle emission standards for greenhouse gases approved by the California Air Resources Board on September 28, 2018. These changes:


•	Clarify that automobile makers who want to sell cars and light-duty trucks in California (and by extension in Washington) for model years 2021 through 2025 would need to meet the existing standards agreed to by California, the federal government, and automakers in 2012; and
•	Update requirements and test procedures for certifying compliance with the vehicle emission standards.


•	Update requirements for onboard diagnostic systems from California's 2015 rule making in Section 1968.2 and Section 1968.5.
•	Update the California effective date for two sections to reflect the current date rather than the revision date for that citation:


º	Section 1956.8 (g) and (h): California revisions to Section 1956.8 did not change the content in (g) and (h); and
º	Appendix A to Article 2.1: Appendix A is part of Section 2112 so the effective date should be the effective date for Section 2112 not the date Appendix A was last revised.


•	Correct that ten sections are located in Article 2 not Article 1: Sections 1956.8 (g) and (h), 1960.1, 1961, 1961.1, 1961.2, 1961.3, 1965, 1968.2, 1968.5, 1976, and 1978.

Reasons Supporting Proposal: The Washington legislature requires automotive emissions standards to be consistent with California low emission vehicle standards in Title 13 of the California Code of Regulations. 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 incorporate by reference recent updates of Title 13 of the California Code of Regulations into chapter 173-423 WAC.

The federal Clean Air Act allows states that want to be more stringent than the federal standards for new vehicles to adopt the California clean car program and requires these states to maintain consistency with the California vehicle emission standards.

Statutory Authority for Adoption: RCW 70.120A.010.

Statute Being Implemented: Chapter 70.120A RCW, Motor vehicle emission standards.

Rule is necessary because of federal law, 42 U.S.C. Sec. 7507.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: In 2012, California, the federal government (National Highway Traffic Safety Administration and the United States Environmental Protection Agency), and automakers agreed to establish one national program for fleet-wide emission standards. With that decision, California adopted rules in 2012 declaring that cars meeting federal standards for model years 2017-2025 comply with California's greenhouse gas standards. Twelve other states and the District of Columbia have adopted California's standards. Colorado is in the process of adopting the California standards. These states make up more than thirty-five percent of the United States new car market.

In August 2018, the National Highway Traffic Safety Administration and the United States Environmental Protection Agency announced they were considering freezing the current federal fuel efficiency and greenhouse gas emissions standards at the 2020 levels. The existing federal and California standards require automobile makers to increase efficiency and reduce emissions year over year though model year 2025.

On September 28, 2018, the California Air Resources Board endorsed rules to clarify that automobile makers who want to sell cars and light-duty trucks in California after the 2020 model year would need to meet the existing standards, rather than weaker standards that the National Highway Traffic Safety Administration and the United States Environmental Protection Agency may adopt. We intend to adopt by reference California's rule revisions when they adopt their rule changes.

Name of Proponent: Department of ecology, governmental.

Name of Agency Personnel Responsible for Drafting: Elena Guilfoil, Lacey, 360-407-6855; Implementation and Enforcement: Transportation planner, Lacey, 360-407-6600.


•	California 2018 rule-making documents: https://www.arb.ca.gov/regact/2018/leviii2018/leviii2018.htm.
•	California 2015 rule-making documents: https://www.arb.ca.gov/regact/2015/obdii2015/obdii2015.htm.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)[(b)](v) exempts rules the content of which is explicitly and specifically dictated by statute (in this case RCW 70.120A.010 directs ecology to amend its rules to maintain consistency with the California motor vehicle emission standards).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.

AMENDATORY SECTION(Amending WSR 16-12-099, filed 5/31/16, effective 7/1/16)

WAC 173-423-070Emission 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 starting January 14, 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	10/8/15
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	((12/5/14)) 10/16/17
Section 1960.1	Exhaust Emission Standards and Test Procedures - 1981 and through 2006 Model Passenger Cars, Light-Duty and Medium-Duty Vehicles	12/31/12
Section 1961	Exhaust Emission Standards and Test Procedures - 2004 through 2019 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles	12/31/12
Section 1961.1	Greenhouse Gas Exhaust Emission Standards and Test Procedures - 2009 through 2016 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles	8/7/12
Section 1961.2	Exhaust Emission Standards and Test Procedures - 2015 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles	((10/8/15)) (The date will be the effective date of the rule making approved by the California Air Resources Board on September 28, 2018.)
Section 1961.3	Greenhouse Gas Exhaust Emission Standards and Test Procedures - 2017 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles	((12/31/12)) (The date will be the effective date of the rule making approved by the California Air Resources Board on September 28, 2018.)
Section 1965	Emission Control, Smog Index, and Environmental Performance Labels - 1979 and Subsequent Model-Year Motor Vehicles	10/8/15
Section 1968.2	Malfunction and Diagnostic System Requirements - 2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines	((7/31/13)) 7/25/16
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	((7/31/13)) 7/25/16
Section 1976	Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions	10/8/15
Section 1978	Standards and Test Procedures for Vehicle Refueling Emissions	10/8/15
Article 6 Emission Control System Warranty
Section 2035	Purpose, Applicability and Definitions	11/9/07
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	12/5/14
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	12/5/14
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	8/7/12
Section 2039	Emission Control System Warranty Statement	12/26/90
Section 2040	Vehicle Owner Obligations	12/26/90
Section 2046	Defective Catalyst	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	12/30/83
Article 2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls
Section 2111	Applicability	12/8/10
Section 2112	Definitions	12/5/14
	Appendix A to Article 2.1	((8/16/09)) 12/5/14
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	12/8/10
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	12/8/10
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	8/7/12
Section 2146	Emissions Information Report	11/27/99
Section 2147	Demonstration of Compliance with Emission Standards	12/5/14
Section 2148	Evaluation of Need for Recall	11/27/99
Section 2149	Notification and Subsequent Action	2/23/90
Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks
Section 2235	Requirements	8/8/12