Rule2022-01303
Air Plan Approval; FL; Removal of Motor Vehicle Rules
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 25, 2022
Effective
February 24, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving changes to a State Implementation Plan (SIP) revision submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP), in a letter dated July 2, 2020. Specifically, EPA is approving the removal of rules prohibiting tampering with motor vehicle air pollution control equipment and rules concerning visible emissions from motor vehicles. These rules were previously approved into the SIP even though they were not required by the Clean Air Act (CAA or Act) to be in the SIP. EPA is approving the removal of the tampering rules and visible emission rules from the federally approved SIP because removing the requirements is consistent with the CAA and applicable regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 16 (Tuesday, January 25, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3661-3663]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01303]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0362; FRL-9238-02-R4]
Air Plan Approval; FL; Removal of Motor Vehicle Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to a State Implementation Plan (SIP) revision submitted by the State of
Florida, through the Florida Department of Environmental Protection
(FDEP), in a letter dated July 2, 2020. Specifically, EPA is approving
the removal of rules prohibiting tampering with motor vehicle air
pollution control equipment and rules concerning visible emissions from
motor vehicles. These rules were previously approved into the SIP even
though they were not required by the Clean Air Act (CAA or Act) to be
in the SIP. EPA is approving the removal of the tampering rules and
visible emission rules from the federally approved SIP because removing
the requirements is consistent with the CAA and applicable regulations.
DATES: This rule is effective February 24, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0362. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure 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 either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that, if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9222. Ms. Kelly Sheckler can also be reached via electronic
mail at <a href="/cdn-cgi/l/email-protection#b6c5ded3d5dddad3c498ddd3dadacff6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="dcafb4b9bfb7b0b9aef2b7b9b0b0a59cb9acbdf2bbb3aa">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Florida submitted a SIP revision, through a letter dated July 2,
2020, to update the State's air quality rules, specifically, for the
removal of Chapters 62-243 and 62-244 from the Florida SIP. The first
rule relates to anti-tampering measures that restricted the removal or
disabling of specific motor vehicle air pollution control devices and
prohibited the sale, lease, or transfer of motor vehicles by licensed
motor vehicle dealers. The second rule relates to the prohibition of
operating either gasoline or diesel-powered vehicles on public roads
that emit visible emissions for more than five continuous seconds.
Chapters 62-243 and 62-244 implement certain ``on-road'' prohibitions
of Florida Statutes (F.S.) Section 316.2935.
The purpose of Chapter 62-243, Tampering with Motor Vehicles Air
Pollution Control Equipment, is to prohibit licensed motor vehicle
dealers from offering for sale, lease or transfer, vehicles that had
the emission control components tampered with or removed. Chapter 62-
244, Visible Emissions from Motor Vehicles, implements requirements
relating to the operation of a motor vehicle on public roads in the
state of Florida that emit visible emissions from the exhaust tailpipe
for
[[Page 3662]]
more than a continuous period of five minutes. These rules specifically
were intended to give guidance to law enforcement officers on how to
issue noncriminal traffic citations to anyone operating a motor vehicle
emitting visible emissions from the vehicle's tailpipe on public roads.
On November 22, 2021, EPA published a notice of proposed rulemaking
(NPRM) to approve the aforementioned changes to Florida's SIP. See 86
FR 66255. EPA's November 22, 2021, NPRM includes further detail on the
changes made in Florida's July 2, 2020, submittal and EPA's rationale
for approving these changes to the SIP. Comments were due on the
November 22, 2021, NPRM on or before December 22, 2021. EPA received no
comments on the November 22, 2021, NPRM. Therefore, EPA is approving
the changes in this final action.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. EPA is finalizing the removal of provisions
from the Florida SIP regarding the Motor Vehicle Rules at Chapter 62-
243, F.A.C.--Tampering with Motor Vehicle Air Pollution Control
Equipment and Chapter 62-244, F.A.C.--Visible Emissions from Motor
Vehicles, which are incorporated by reference in accordance with the
requirements of 1 CFR part 51. EPA has made and will continue to make
the SIP generally available at the EPA Region 4 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).\1\
---------------------------------------------------------------------------
\1\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is removing Chapter 62-243, F.A.C.--Tampering with Motor
Vehicle Emission Control Equipment, and Chapter 62-244, F.A.C.--Visible
Emissions from Mobile Sources, in their entirety, from the Florida SIP.
EPA is taking final action to approve these changes to the SIP because
they are consistent with the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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 CAA; and
<bullet> Does not provide 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where 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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
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. 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 March 28, 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, Incorporation by reference, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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 K--Florida
Sec. 52.520 [Amended]
0
2. In Sec. 52.520(c), the table is amended by:
0
a. Removing the heading ``Chapter 62-243 Tampering With Motor Vehicle
Air Pollution Control Equipment'' and the entries ``62-243.100,'' ``62-
243.200,'' ``62-243.300,'' ``62-243.400,'' ``62-243.500,'' ``62-
243.600,'' and ``62-243.700;'' and
0
b. Removing the heading ``Chapter 62-244 Visible Emissions From Motor
Vehicles'' and the entries ``62-244.100,'' ``62-244.200,'' ``62-
244.300,'' ``62-
[[Page 3663]]
244.400,'' ``62-244.500,'' and ``62-244.600.''
[FR Doc. 2022-01303 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 25, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.