WSR 21-04-032

EXPEDITED RULES

DEPARTMENT OF ECOLOGY

[Order 20-06—Filed January 26, 2021, 11:43 a.m.]

Title of Rule and Other Identifying Information: Chapter 173-422 WAC, Motor vehicle emission inspection; and chapter 173-422A WAC, Motor vehicle emission inspection.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of ecology proposes to repeal these two rules because the statutory authority for the motor vehicle emission inspection program ended January 1, 2020.

Reasons Supporting Proposal: This repeal will eliminate possible confusion over obsolete rules.

In 2005, the legislature phased out emission testing in Clark, King, Pierce, Snohomish and Spokane counties on January 1, 2020 (RCW 70A.25.100 (section 6, chapter 295, Laws of 2005)). Washington's emission check program ended after thirty-eight years so vehicle owners are no longer required to have their vehicle's emissions tested before renewing their registration.

Statutory Authority for Adoption: Chapter 70A.25 RCW, Motor vehicle emission control, specifically RCW 70A.25.100 (section 6, chapter 295, Laws of 2005) - formerly RCW 70.120.170(6).

Statute Being Implemented: Chapter 70A.25 RCW, Motor vehicle emission control.

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

Name of Proponent: Department of ecology, governmental.

Name of Agency Personnel Responsible for Drafting: Elena Guilfoil, Lacey, 360-407-6855.

This notice meets the following criteria to use the expedited repeal process for these rules:

The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: In 2005, the legislature established the end date of January 1, 2020, for the motor vehicle emission inspection program (RCW 70A.25.100 (section 6, chapter 295, Laws of 2005)). The statutory authority was not replaced by another statute.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Katie Wolt, Agency Rules Coordinator, Department of Ecology, Governmental Relations, P.O. Box 47600, Olympia, WA 98503-7600, phone 360-407-6998, email rulemaking@ecy.wa.gov, AND RECEIVED BY April 5, 2021.

January 26, 2021

Heather R. Bartlett

Deputy Director

OTS-2691.1

The following chapter of the Washington Administrative Code is repealed:

OTS-2692.1

The following chapter of the Washington Administrative Code is repealed: