Approval and Promulgation of Air Quality Implementation Plans; Washington; Low Emission Vehicle Program, 61705-61708 [2021-24158]
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
61705
TABLE 4 TO PARAGRAPH (i)(4)—Continued
Event
Enforcement 1
period(s)
Regulated area
PPD Ironman North
Carolina.
All navigable waters of Masonboro Inlet, shoreline to shoreline starting at location latitude
34°11′13″ N, longitude 077°48′53″ W, thence north along Banks Channel to latitude
34°12′14″ N, longitude 077°48′04″ W, thence west to Motts channel, terminating at Sea
Path Marina at latitude 34°12′44″ N, longitude 077°48′25″ W, Wrightsville Beach, NC.
Roanoke River Races
All navigable waters of the Roanoke River in Plymouth, NC, from approximate positions:
Latitude 35°52′25″ N, longitude 076°44′33″ W, then northwest to latitude 35°52′29″ N,
longitude 076°44′37″ W, then southwest along the shoreline to latitude 35°52′00″ N,
longitude 076°45′31″ W, then south to latitude 35°51′56″ N, longitude 076°45′30″ W,
then northeast along the shoreline to the point of origin, a length of approximately one
mile.
Swim the Loop and
Motts Channel
Sprint.
All navigable waters surrounding Harbor Island, NC including Intracoastal waterway, Lees
Cut, Banks Channel and Motts Channel. Enforcement area extends approximately 100
yards from the shoreline of Harbor Island and is bounded by a line connecting the following points; latitude 34°12′55″ N, longitude 077°48′59″ W, thence northeast to latitude
34°13′16″ N, longitude 077°48′39″ W, thence southeast to latitude 34°13′06″ N, longitude 077°48′18″ W, thence east to latitude 34°13′12″ N, longitude 077°47′41″ W,
thence southeast to latitude 34°13′06″ N, longitude 077°47′33″ W, thence south to latitude 34°12′31″ N, longitude 077°47′47″ W, thence southwest to latitude 34°12′11″ N,
longitude 077°48′01″ W, thence northwest to latitude 34°12′29″ N, longitude 077°48′29″
W, thence north to latitude 34°12′44″ N, longitude 077°48′32″ W, thence northwest to
point of origin.
All navigable waters of Motts Channel, from shoreline to shoreline and between
Wrightsville Channel Day beacon 14 (LLNR 30220), located at latitude 34°12′17.8″ N,
longitude 077°48′09.1″ W, thence westward to Wrightsville Channel Day beacon 25
(LLNR 30255), located at latitude 34°12′52.1″ N, longitude 077°48′53.5″ W.
Wilmington YMCA
Triathlon.
1. The 3rd Friday or
Saturday in October; or
2. The 4th Friday or
Saturday in October; or
3. The last Friday or
Saturday in October.
1. The 1st Saturday
and Sunday in August; or
2. The 2nd Saturday
and Sunday in August; or
3. The 3rd Saturday
and Sunday in August; or
4. The 4th Saturday
and Sunday in August;
And
1. The 2nd Saturday
and Sunday in October; or
2. The 3rd Saturday
and Sunday in October; or
3. The 4th Saturday
and Sunday in October; or
4. The last Saturday
and Sunday in October.
1. The 4th Saturday or
Sunday in September; or
2. The last Saturday
or Sunday in September.
1. The 3rd, 4th, or last
Saturday in September; or
2. The last Saturday in
October; or
3. The 1st or 2nd Saturday in November.
Sponsor
Ironman, Wilmington,
NC.
Virginia Outlaw Drag
Boat Association
(VODBA).
Without Limits Coaching, Inc.
Wilmington, NC,
YMCA.
1 As noted, the enforcement dates and times for each of the listed events in this table are subject to change. In the event of a change, or for enforcement periods
listed that do not allow a specific date or dates to be determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in the
Federal Register, as well as, issuing a Broadcaster Notice to Mariner.
Dated: October 26, 2021.
Laura M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2021–24066 Filed 11–5–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0574; FRL–8814–02–
R10]
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Approval and Promulgation of Air
Quality Implementation Plans;
Washington; Low Emission Vehicle
Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
SUMMARY:
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16:24 Nov 05, 2021
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the Washington State Implementation
Plan (SIP) pertaining to adoption by
reference of a Low Emission Vehicle
(LEV) program by the State of
Washington. The Clean Air Act (CAA)
grants authority to the EPA to adopt
Federal standards relating to the control
of emissions from new motor vehicles,
and generally preempts states from
doing so. However, the CAA provides
California the ability to adopt and
enforce its own new motor vehicle
emission standards, as long as the EPA
approves California’s standards via a
preemption waiver. The CAA also
allows other states to adopt California’s
new motor vehicle emission standards
for which the EPA has granted such a
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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
California’s 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 California’s 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 Washington’s
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. EPA–R10–OAR–2019–0574. 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
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, 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 173–423
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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16:24 Nov 05, 2021
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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
173–423 Low Emission Vehicles
submitted by the Department of
Ecology:
• WAC 173–423–010, state effective
December 29, 2012;
• WAC 173–423–020, state effective
December 31, 2005;
• WAC 173–423–025, state effective
December 31, 2005;
• WAC 173–423–030, state effective
December 31, 2005;
• WAC 173–423–040, except 173–
423–040(3), state effective December 29,
2012;
• WAC 173–423–050, except 173–
423–050(2)(g), state effective December
29, 2012;
• WAC 173–423–060, state effective
December 29, 2012;
• WAC 173–423–070, except the
incorporation by reference of California
code sections 1961.1 and 1961.3, state
effective January 27, 2019;
• WAC 173–423–080, state effective
December 29, 2012;
• WAC 173–423–100, state effective
December 29, 2012;
• WAC 173–423–110, state effective
December 29, 2012;
• WAC 173–423–120, state effective
December 29, 2012;
• WAC 173–423–130, state effective
December 31, 2005;
• WAC 173–423–140, state effective
December 31, 2005; and
• WAC 173–423–150, 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
EPA’s 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. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s 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. 104–4);
• 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 12(d) 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).
1 62
FR 27968 (May 22, 1997).
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
The SIP is not approved to apply on
any Indian reservation land in
Washington except as specifically noted
below and is also not approved to apply
in any other area where the EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Washington’s SIP is approved to apply
on non-trust land within the exterior
boundaries of the Puyallup Indian
Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe
of Indians Settlement Act of 1989, 25
U.S.C. 1773, Congress explicitly
provided state and local agencies in
Washington authority over activities on
non-trust lands within the 1873 Survey
Area. Consistent with EPA policy, the
EPA provided a consultation
opportunity to the Puyallup Tribe in a
letter dated July 15, 2019.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 7, 2022. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
61707
Dated: October 29, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. In § 52.2470(c), Table 1 is amended
by adding the heading Washington
Administrative Code, Chapter 173–
423—Low Emission Vehicles’’
immediately after the entry for ‘‘173–
415–070’’ titled and adding entries for
‘‘173–423–010’’, ‘‘173–423–020’’, ‘‘173–
423–025’’, ‘‘173–423–030’’, ‘‘173–423–
040’’, ‘‘173–423–050’’, ‘‘173–423–060’’,
‘‘173–423–070’’, ‘‘173–423–080’’, ‘‘173–
423–100’’, ‘‘173–423–110’’, ‘‘173–423–
120’’, ‘‘173–423–130’’, ‘‘173–423–140’’,
and ‘‘173–423–150’’ under the newly
added heading to read as follows:
■
§ 52.2470
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—REGULATIONS APPROVED STATEWIDE
[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation) and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction]
State citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
Explanations
*
*
*
Washington Administrative Code, Chapter 173–423—Low Emission Vehicles
173–423–010 .........
Purpose ....................................................
12/29/12
173–423–020 .........
Applicability ..............................................
12/31/05
173–423–025 .........
Effective Date ...........................................
12/31/05
173–423–030 .........
Incorporation by Reference .....................
12/31/05
173–423–040 .........
Definitions and Abbreviations ..................
12/29/12
173–423–050 .........
Requirement to Meet California Vehicle
Emission Standards.
Exemptions ..............................................
12/29/12
173–423–060 .........
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173–423–070 .........
173–423–080 .........
173–423–100 .........
173–423–110 .........
VerDate Sep<11>2014
Emission Standards, Warranty, Recall
and Other California Provisions Adopted by Reference.
Fleet Average Nonmethane Organic Gas
(NMOG) and NMOG Plus NOX Exhaust Emission Requirements, Reporting and Compliance..
Manufacturer Delivery Reporting Requirements.
Warranty Requirements ...........................
16:24 Nov 05, 2021
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1/27/19
11/8/21, [INSERT
CITATION].
11/8/21, [INSERT
CITATION].
11/8/21, [INSERT
CITATION].
11/8/21, [INSERT
CITATION].
11/8/21, [INSERT
CITATION].
11/8/21, [INSERT
CITATION].
11/8/21, [INSERT
CITATION].
11/8/21, [INSERT
CITATION].
FEDERAL REGISTER
FEDERAL REGISTER
FEDERAL REGISTER
FEDERAL REGISTER
FEDERAL REGISTER
Except 173–423–040(3).
FEDERAL REGISTER
Except 173–423–050(2)(g).
FEDERAL REGISTER
FEDERAL REGISTER
12/29/12
11/8/21, [INSERT FEDERAL REGISTER
CITATION].
12/29/12
11/8/21, [INSERT FEDERAL REGISTER
CITATION].
11/8/21, [INSERT FEDERAL REGISTER
CITATION].
12/29/12
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Except the incorporation by reference of
California code sections 1961.1 and
1961.3.
08NOR1
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
TABLE 1—REGULATIONS APPROVED STATEWIDE—Continued
[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation) and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction]
State
effective
date
State citation
Title/subject
173–423–120 .........
Recalls .....................................................
12/29/12
173–423–130 .........
Surveillance ..............................................
12/31/05
173–423–140 .........
Enforcement .............................................
12/31/05
173–423–150 .........
Severability ...............................................
12/31/05
*
*
*
*
*
*
*
*
[FR Doc. 2021–24158 Filed 11–5–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 713
[EPA–HQ–OPPT–2017–0421; FRL–8523–02–
OCSPP]
RIN 2070–AK93
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is revising regulations
associated with persons who must
report data to the Agency’s mercury
inventory established under the Toxic
Substances Control Act (TSCA). Those
reporting requirements were set forth in
a final rule entitled ‘‘Reporting
Requirements for TSCA Mercury
Inventory: Mercury’’ (hereafter
‘‘mercury inventory reporting rule’’).
These revisions implement an order
issued by the United States Court of
Appeals for the Second Circuit (Second
Circuit), on June 5, 2020.
DATES: This final rule is effective on
December 8, 2021.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0421, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
The telephone number for the Public
Reading Room is (202) 566–1744, and
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SUMMARY:
21:56 Nov 05, 2021
11/8/21, [INSERT
CITATION].
11/8/21, [INSERT
CITATION].
11/8/21, [INSERT
CITATION].
11/8/21, [INSERT
CITATION].
Jkt 256001
FEDERAL REGISTER
FEDERAL REGISTER
FEDERAL REGISTER
*
*
the telephone number for the OPPT
Docket is (202) 566–0280.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
For technical information contact:
Thomas Groeneveld, Existing Chemicals
Resource Management Division, Office
of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
566–1188; email address:
groeneveld.thomas@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by
this action if you import mercury-added
products. The following list of North
American Industrial Classification
System (NAICS) codes is not intended
to be exhaustive, but rather provides a
guide to help readers determine whether
this document applies to them.
Potentially affected entities may include
the following:
• Gold ore mining (NAICS code
212221).
• Lead ore and zinc ore mining
(NAICS code 212231).
• All other metal ore mining (NAICS
code 212299).
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Explanations
FEDERAL REGISTER
FOR FURTHER INFORMATION CONTACT:
Response to Vacatur of Certain
Provisions of the Mercury Inventory
Reporting Rule
VerDate Sep<11>2014
EPA approval date
Sfmt 4700
*
*
• Asphalt shingle and coating
materials manufacturing (NAICS code
324122).
• Synthetic dye and pigment
manufacturing (NAICS code 325130).
• Other basic inorganic chemical
manufacturing (NAICS code 325180).
• All other basic organic chemical
manufacturing (NAICS code 325199).
• Plastics material and resin
manufacturing (NAICS code 325211).
• Pesticide and other agricultural
chemical manufacturing (NAICS code
325320).
• Medicinal and botanical
manufacturing (NAICS code 325411).
• Pharmaceutical preparation
manufacturing (NAICS code 325412).
• Biological product (except
diagnostic) manufacturing (NAICS code
325414).
• Paint and coating manufacturing
(NAICS code 325510).
• Adhesive manufacturing (NAICS
code 325520).
• Custom compounding of purchased
resins (NAICS code 325991).
• Photographic film, paper, plate, and
chemical manufacturing (NAICS code
325992).
• All other miscellaneous chemical
product and preparation manufacturing
(NAICS code 325998).
• Unlaminated plastics film and sheet
(except packaging) manufacturing
(NAICS code 326113).
• Unlaminated plastics profile shape
manufacturing (NAICS code 326121).
• Urethane and other foam product
(except polystyrene) manufacturing
(NAICS code 326150).
• All other plastics product
manufacturing (NAICS code 326199).
• Tire manufacturing (NAICS code
326211).
• All other rubber product
manufacturing (NAICS code 326299).
• Iron and steel mills and ferroalloy
manufacturing (NAICS code 331110).
• Rolled steel shape manufacturing
(NAICS code 331221).
E:\FR\FM\08NOR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Rules and Regulations]
[Pages 61705-61708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24158]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0574; FRL-8814-02-R10]
Approval and Promulgation of Air Quality Implementation Plans;
Washington; Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Washington State Implementation Plan (SIP) pertaining
to adoption by reference of a Low Emission Vehicle (LEV) program by the
State of Washington. The Clean Air Act (CAA) grants authority to the
EPA to adopt Federal standards relating to the control of emissions
from new motor vehicles, and generally preempts states from doing so.
However, the CAA provides California the ability to adopt and enforce
its own new motor vehicle emission standards, as long as the EPA
approves California's standards via a preemption waiver. The CAA also
allows other states to adopt California's new motor vehicle emission
standards for which the EPA has granted such a
[[Page 61706]]
waiver providing other relevant criteria are met. Washington adopted
California's 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 California's 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
Washington's 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. EPA-R10-OAR-2019-0574. 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
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.
I. Background
On August 18, 2021, we proposed to approve and incorporate by
reference the provisions of Washington Administrative Code, Chapter
173-423 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 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 173-423 Low Emission Vehicles submitted by the
Department of Ecology:
WAC 173-423-010, state effective December 29, 2012;
WAC 173-423-020, state effective December 31, 2005;
WAC 173-423-025, state effective December 31, 2005;
WAC 173-423-030, state effective December 31, 2005;
WAC 173-423-040, except 173-423-040(3), state effective
December 29, 2012;
WAC 173-423-050, except 173-423-050(2)(g), state effective
December 29, 2012;
WAC 173-423-060, state effective December 29, 2012;
WAC 173-423-070, except the incorporation by reference of
California code sections 1961.1 and 1961.3, state effective January 27,
2019;
WAC 173-423-080, state effective December 29, 2012;
WAC 173-423-100, state effective December 29, 2012;
WAC 173-423-110, state effective December 29, 2012;
WAC 173-423-120, state effective December 29, 2012;
WAC 173-423-130, state effective December 31, 2005;
WAC 173-423-140, state effective December 31, 2005; and
WAC 173-423-150, 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 the effective date of the final rule of the EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
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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. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's 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. 104-4);
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 12(d) 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).
[[Page 61707]]
The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Washington's SIP is approved to apply on non-trust land within the
exterior boundaries of the Puyallup Indian Reservation, also known as
the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and
local agencies in Washington authority over activities on non-trust
lands within the 1873 Survey Area. Consistent with EPA policy, the EPA
provided a consultation opportunity to the Puyallup Tribe in a letter
dated July 15, 2019.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 7, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 29, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. In Sec. 52.2470(c), Table 1 is amended by adding the heading
Washington Administrative Code, Chapter 173-423--Low Emission
Vehicles'' immediately after the entry for ``173-415-070'' titled and
adding entries for ``173-423-010'', ``173-423-020'', ``173-423-025'',
``173-423-030'', ``173-423-040'', ``173-423-050'', ``173-423-060'',
``173-423-070'', ``173-423-080'', ``173-423-100'', ``173-423-110'',
``173-423-120'', ``173-423-130'', ``173-423-140'', and ``173-423-150''
under the newly added heading to read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
Table 1--Regulations Approved Statewide
[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup
Indian Reservation) and any other area where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-423--Low Emission Vehicles
----------------------------------------------------------------------------------------------------------------
173-423-010............. Purpose................ 12/29/12 11/8/21, [INSERT
FEDERAL REGISTER
CITATION].
173-423-020............. Applicability.......... 12/31/05 11/8/21, [INSERT
FEDERAL REGISTER
CITATION].
173-423-025............. Effective Date......... 12/31/05 11/8/21, [INSERT
FEDERAL REGISTER
CITATION].
173-423-030............. Incorporation by 12/31/05 11/8/21, [INSERT
Reference. FEDERAL REGISTER
CITATION].
173-423-040............. Definitions and 12/29/12 11/8/21, [INSERT Except 173-423-040(3).
Abbreviations. FEDERAL REGISTER
CITATION].
173-423-050............. Requirement to Meet 12/29/12 11/8/21, [INSERT Except 173-423-
California Vehicle FEDERAL REGISTER 050(2)(g).
Emission Standards. CITATION].
173-423-060............. Exemptions............. 12/29/12 11/8/21, [INSERT
FEDERAL REGISTER
CITATION].
173-423-070............. Emission Standards, 1/27/19 11/8/21, [INSERT Except the
Warranty, Recall and FEDERAL REGISTER incorporation by
Other California CITATION]. reference of
Provisions Adopted by California code
Reference. sections 1961.1 and
1961.3.
173-423-080............. Fleet Average 12/29/12 11/8/21, [INSERT
Nonmethane Organic Gas FEDERAL REGISTER
(NMOG) and NMOG Plus CITATION].
NOX Exhaust Emission
Requirements,
Reporting and
Compliance..
173-423-100............. Manufacturer Delivery 12/29/12 11/8/21, [INSERT
Reporting Requirements. FEDERAL REGISTER
CITATION].
173-423-110............. Warranty Requirements.. 12/29/12 11/8/21, [INSERT
FEDERAL REGISTER
CITATION].
[[Page 61708]]
173-423-120............. Recalls................ 12/29/12 11/8/21, [INSERT
FEDERAL REGISTER
CITATION].
173-423-130............. Surveillance........... 12/31/05 11/8/21, [INSERT
FEDERAL REGISTER
CITATION].
173-423-140............. Enforcement............ 12/31/05 11/8/21, [INSERT
FEDERAL REGISTER
CITATION].
173-423-150............. Severability........... 12/31/05 11/8/21, [INSERT
FEDERAL REGISTER
CITATION].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-24158 Filed 11-5-21; 8:45 am]
BILLING CODE 6560-50-P
