[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 [www.gpo.gov]
[FR Doc No: 2022-01303]


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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.

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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 www.regulations.gov 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 www.regulations.gov 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 sheckler.kelly@epa.gov.

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\
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    \1\ See 62 FR 27968 (May 22, 1997).
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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:
     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 CAA; and
     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:
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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-

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244.400,'' ``62-244.500,'' and ``62-244.600.''

[FR Doc. 2022-01303 Filed 1-24-22; 8:45 am]
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