WSR 19-02-056
PERMANENT RULES
DEPARTMENT OF ECOLOGY
[Order 18-11—Filed December 27, 2018, 2:20 p.m., effective January 27, 2019]
Effective Date of Rule: Thirty-one days after filing.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: California needed to adopt amendments to Sections 1961.2 and 1961.3, Title 13 of the California Code of Regulations before we could update our adoption by reference of those changes. California has adopted their rule and it becomes [became] effective on December 12, 2018.
Purpose: We updated 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. The changes we are adopting:
•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.
Other changes:
•Updated requirements in Washington's rule for on-board diagnostic systems to match California's 2015 rule making in Sections 1968.2 and 1968.5.
•Updated the reference to California effective date for two sections to reflect the current date rather than the revision date for that citation:
oSection 1956.8 (g) and (h): California revisions to Section 1956.8 did not change the content in (g) and (h); and
oAppendix 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.
•Corrected that ten sections adopted in Washington's rule are located in California's 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.
Citation of Rules Affected by this Order: Amending WAC 173-423-070.
Statutory Authority for Adoption: RCW 70.120A.010.
Adopted under notice filed as WSR 18-22-123 on November 7, 2018.
Changes Other than Editing from Proposed to Adopted Version: We made the same change in two locations. We inserted "12/12/18" (the effective date of California's rule) in the "California Effective Date" column for Sections 1961.2 and 1961.3, and removed the sentence that stated our intent to update our adoption of these sections based on the effective date of the rule changes approved by the California Air Resources Board on September 28, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 27, 2018.
Maia Bellon
Director
by Polly Zehm
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))
12/12/18
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))
12/12/18
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