Current through Register Vol. 24-06, March 15, 2024
(1)
Requirement to meet California vehicle emission standards. All
vehicles subject to this chapter must be certified to the standards adopted by
reference in WAC
173-423-030 to be registered,
leased, rented, licensed, or sold for use in Washington:
(a) Starting with model year 2009: Passenger
car, light-duty truck, or medium-duty passenger vehicle; and
(b) Starting with model year 2025:
Medium-duty vehicle.
(2)
Fleet average emissions - Nonmethane organic gas (NMOG) plus oxides of
nitrogen exhaust.
(a) Effective model
year 2009 through 2014, except as provided in this subsection, each motor
vehicle manufacturer's NMOG fleet average emissions from passenger cars and
light-duty trucks delivered for sale in Washington must not exceed the fleet
average NMOG exhaust emission requirement in California Code of Regulations,
Title 13, section 1961(b). For the 2014 model year only, a manufacturer may
comply with the fleet average NMOG + NOx values in (b) of this subsection in
lieu of complying with the NMOG fleet average emissions in this subsection. A
manufacturer must either comply with the NMOG + NOx fleet average requirements
for both its PC/LDT1 fleet and its LDT2/MDPV fleet or comply with the NMOG
fleet average requirements for both its PC/LDT1 fleet and its LDT2/MDPV fleet.
A manufacturer must calculate its fleet average NMOG + NOx values using the
applicable full useful life standards.
(b) For model year 2015 through 2025, a motor
vehicle manufacturer must comply with the fleet average nonmethane organic gas
plus oxides of nitrogen emission values as provided in California Code of
Regulations, Title 13, section 1961.2(b).
(c) Emission credits and debits may be
accrued and used as provided in California Code of Regulations, Title 13,
sections 1961.2(c), 1961.4(d), and 1961.4(e).
(d) Starting with model year 2026, a motor
vehicle manufacturer must comply with the fleet average nonmethane organic gas
plus oxides of nitrogen emission values as provided in California Code of
Regulations, Title 13, sections 1961.4(d) and 1961.4(e).
(e) Each manufacturer must submit a report to
ecology by March 1st of the calendar year containing the fleet average
emissions for the model year that ended most recently. The report must follow
California Code of Regulations, Title 13, sections 1961.2 and 1961.4, and must
be in the same format used to report the information to the California air
resources board.
(f) If a report
submitted by the manufacturer under (e) of this subsection demonstrates that
the manufacturer does not comply with the fleet average emission standard, the
manufacturer must submit to ecology within 60 days a fleet average enforcement
report. The fleet average enforcement report must:
(i) Describe how the manufacturer intends to
equalize any accrued debits, as required in California Code of Regulations,
Title 13, sections 1961.2 (c)(3) and 1961.4 (e)(3);
(ii) Identify all vehicle models delivered
for sale in Washington, their corresponding certification standards, and the
percentage of each model delivered for sale in Washington and California in
relation to total fleet sales in the respective state;
(iii) Describe how the manufacturer plans to
achieve compliance with the fleet average in future model years.
(3)
Fleet average
emissions - Greenhouse gas exhaust.
(a)
Starting with model year 2009, a motor vehicle manufacturer must comply with
the emission standards, fleet average greenhouse gas exhaust emission
requirements, and other requirements provided in California Code of
Regulations, Title 13, sections 1961.1 and 1961.3.
(b) Emissions credits and debits may be
accrued and used in accordance with California Code of Regulations, Title 13,
sections 1961.1(b) and 1961.3(b).
(c) Each manufacturer must submit a report to
ecology by March 1st that includes end-of-model year data calculating the fleet
average greenhouse gas emissions for the model year that has just ended. The
report must include the number of greenhouse gas vehicle test groups,
delineated by model type, certified pursuant to California Code of Regulations,
Title 13, sections 1961.1 and 1961.3. The report must follow the procedures in
California Code of Regulations, Title 13, sections 1961.1 and 1961.3 and must
be in the same format used to report this information to the California air
resources board.
(d) If the report
submitted by the manufacturer under this subsection demonstrates that the
manufacturer does not comply with the fleet average emission standards, the
manufacturer must submit to ecology within 60 days a fleet average enforcement
report. The fleet average enforcement report must:
(i) Describe how the manufacturer intends to
equalize any accrued debits, as required in California Code of Regulations,
Title 13, sections 1961.1(b) and 1961.3(b), as appropriate.
(ii) Identify all vehicle models delivered
for sale in Washington, their corresponding certification standards, and the
percentage of each model delivered for sale in Washington and California in
relation to total fleet sales in the respective state.
(iii) Describe how the manufacturer plans to
achieve compliance with the fleet average in future model years.
(4)
Manufacturer
delivery reporting requirements.
(a)
The manufacturer must submit to ecology one copy of the California executive
order and certificate of conformity for certification of new motor vehicles for
each engine family to be sold in Washington within 30 days of ecology's
request. If these reports are available electronically, the manufacturer must
send the record in an electronic format acceptable to ecology.
(b) Commencing with the 2009 model year and
prior to the beginning of each model year, upon request, each manufacturer must
submit to ecology a list of all models of medium-duty vehicles and medium-duty
passenger vehicles that will be delivered to Washington dealers.
(c) Upon request, each manufacturer must
report to ecology the vehicle identification numbers (VIN) of each passenger
car, light-duty truck, medium-duty passenger vehicle, and medium-duty vehicle
delivered to each Washington dealer that is not certified to California
emission standards.
(d) For the
purposes of determining compliance with this chapter, ecology may require a
vehicle manufacturer to submit documentation ecology deems necessary to the
effective administration and enforcement of this chapter, including all
certification materials submitted to the California air resources
board.
(5)
Warranty
requirements.
(a) For all 2009 and
subsequent model year vehicles subject to the provisions of this chapter, each
manufacturer must provide, to the ultimate purchaser and each subsequent
purchaser, a warranty that complies with the requirements in California Code of
Regulations, Title 13, sections 2035 through 2038, 2040, and 2046.
(b) For all 2009 and subsequent model year
vehicles subject to the provisions of this chapter, each manufacturer must
include the emission control system warranty statement that complies with the
requirements in 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 must
provide a telephone number appropriate for Washington residents.
(c) All manufacturers must submit to ecology
failure of emission-related components reports as defined in California Code of
Regulations, Title 13, section 2144 for vehicles subject to this chapter. 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 notified by ecology.
Statutory Authority:
RCW
70.120A.010. 12-24-033 (Order 11-01), §
173-423-070, filed 11/28/12, effective 12/29/12. Statutory Authority:
RCW
70.120A.010 and
70.120A.050. 09-03-077 (Order
08-16), § 173-423-070, filed 1/15/09, effective 2/15/09. Statutory
Authority:
RCW
70.120A.010. 05-24-044, § 173-423-070,
filed 11/30/05, effective 12/31/05.