Air Plan Approval; FL; Removal of Motor Vehicle Rules, 3661-3663 [2022-01303]

Download as PDF Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or portable document format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. List of Subjects in 34 CFR Part 226 [FR Doc. 2022–01336 Filed 1–24–22; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for part 226 continues to read as follows: [Amended] 2. Section 226.4 is amended in paragraph (a) introductory text by removing ‘‘5210’’ and adding in its place ‘‘4310’’. ■ [Amended] 3. Section 226.11 is amended in paragraph (a) by removing ‘‘§ 226.13 and’’. ■ 4. Section 226.12 is amended: ■ a. In paragraph (d)(3), by removing ‘‘5205(b)(2)(C)’’ and adding, in its place, ‘‘4304(k)(2)(C)’’; and ■ b. By revising paragraph (e). The revision reads as follows: ■ § 226.12 What selection criteria does the Secretary use in evaluating an application for a State Charter School Facilities Incentive program grant? * * * * * (e) State experience. The experience of the State in addressing the facility needs of charter schools through various means, including providing per-pupil Jkt 256001 I. Background 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 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 antitampering 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 SUMMARY: Authority: 20 U.S.C. 1221e–3; 7221d(b), unless otherwise noted. 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: Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: ■ khammond on DSKJM1Z7X2PROD with RULES [Amended] 6. Section 226.14 is amended: A. In the section heading, by removing ‘‘other’’. ■ B. In paragraph (a)(1), by removing ‘‘improvement, corrective action, or restructuring under title I of the ESEA’’ and adding, in its place, ‘‘comprehensive support and improvement or targeted support and improvement under the ESEA’’. ■ ■ Air Plan Approval; FL; Removal of Motor Vehicle Rules PART 226—STATE CHARTER SCHOOL FACILITIES INCENTIVE PROGRAM 15:49 Jan 24, 2022 § 226.14 [EPA–R04–OAR–2020–0362; FRL–9238–02– R4] For the reasons discussed in the preamble, the Secretary amends part 226 of title 34 of the Code of Federal Regulations as follows: VerDate Sep<11>2014 [Removed and Reserved] 5. Section 226.13 is removed and reserved. ■ 40 CFR Part 52 Miguel A. Cardona, Secretary of Education. § 226.11 § 226.13 BILLING CODE 4000–01–P Education, Educational facilities, Grant programs—education, Reporting and recordkeeping requirements, Schools. § 226.4 aid and access to State loan or bonding pools. * * * * * 3661 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\25JAR1.SGM 25JAR1 3662 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 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 khammond on DSKJM1Z7X2PROD with RULES 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 1 See 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 15:49 Jan 24, 2022 Jkt 256001 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart K—Florida § 52.520 [Amended] 2. In § 52.520(c), the table is amended by: ■ 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 ■ 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– ■ E:\FR\FM\25JAR1.SGM 25JAR1 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2021–0033; FRL–9278–02– R4] Air Plan Approval; North Carolina; Mecklenburg: Source Testing Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing approval of a State Implementation Plan (SIP) revision to the Mecklenburg County portion of the North Carolina SIP, hereinafter referred to as the Mecklenburg County Local Implementation Plan (LIP). The revision was submitted through the North Carolina Division of Air Quality (NCDAQ), on behalf of Mecklenburg County Air Pollution Control (MCAQ), via a letter dated April 24, 2020, which was received by EPA on June 19, 2020. This SIP revision includes changes to Mecklenburg County Air Pollution Control Ordinance (MCAPCO) rules incorporated into the LIP regarding performance testing for stationary sources of air pollution. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act). DATES: This rule is effective February 24, 2022. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2021–0033. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information may not be 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 khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:49 Jan 24, 2022 Jkt 256001 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: D. Brad Akers, 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. Mr. Akers can be reached via electronic mail at akers.brad@epa.gov or via telephone at (404) 562–9089. SUPPLEMENTARY INFORMATION: I. Background and Overview The Mecklenburg LIP was submitted to EPA on June 14, 1990, and EPA approved the plan on May 2, 1991. See 56 FR 20140. Mecklenburg County is now requesting that EPA approve changes to the LIP for, among other things, general consistency with the North Carolina SIP.1 Mecklenburg County prepared three submittals in order to update the LIP and reflect regulatory and administrative changes that NCDAQ made to the North Carolina SIP since EPA’s 1991 LIP approval.2 The three submittals were submitted as follows: NCDAQ transmitted the October 25, 2017, submittal to EPA but later withdrew it from review through a letter dated February 15, 2019. On April 24, 2020, NCDAQ resubmitted the October 25, 2017, update to EPA and also submitted the January 21, 2016, and January 14, 2019, updates. Due to an inconsistency with public notices at the local level, these submittals were withdrawn from EPA through the letter dated February 15, 2019. Mecklenburg County corrected this error, and NCDAQ submitted the updates to EPA in a submittal dated April 24, 2020. This final rule modifies the LIP by revising, adding, and removing several rules related to the source testing rules, located in MCAPCO Article 2.0000, Air Pollution and Control Regulations and Procedures. The specific sections addressed in this final rule are Section 2.2600, Source Testing, Section 2.0900, Volatile Organic Compounds, and Rule 2.0501 of Section 2.0500, Compliance with Emission Control Standards.3 The 1 Hereinafter, the terms ‘‘North Carolina SIP’’ and ‘‘SIP’’ refer to the North Carolina regulatory portion of the North Carolina SIP (i.e., the portion that contains SIP-approved North Carolina regulations). 2 The Mecklenburg County, North Carolina revision that is dated April 24, 2020, and received by EPA on June 19, 2020, is comprised of three previous submittals—one dated January 21, 2016; one dated October 25, 2017; and one dated January 14, 2019. 3 Additionally, EPA notes that NCDAQ did not request EPA approval into the LIP of several Section PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 3663 April 24, 2020, LIP revision first makes minor changes to recodify portions of Rules 2.0501 of Section 2.0500 and several rules in Section 2.0900. Next, the LIP revision removes Rule 2.0941, Alternative Method for Leak Testing, from the SIP, which in effect removes an alternative test for vapor leaks in gasoline tank trucks which is no longer available in Mecklenburg County. In addition, other changes modify the LIP by updating or incorporating new performance testing requirements, and by making other minor changes to language throughout the recodified rules for consistency. See EPA’s November 26, 2021, notice of proposed rulemaking (NPRM) for further detail on these changes and EPA’s rationale for approving them. See 86 FR 67412. EPA did not receive public comments on the November 26, 2021, NPRM. II. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the following Mecklenburg County rules, with an effective date of June 1, 2008: Rule 2.0501, Compliance with Emission Control Standards; 4 Rule 2.0912, General Provisions on Test Methods and Procedures; Rule 2.0943, Synthetic Organic Chemical and Polymer Manufacturing; Rule 2.0945, Petroleum Dry Cleaning; Rule 2.2602, General Provisions on Test Methods and Procedures; 5 Rule 2.2603, Testing Protocol; Rule 2.2604, Number of Test Points; Rule 2.2605, Velocity and Volume Flow Rate; Rule 2.2606, Molecular Weight; Rule 2.2607, Determination of Moisture Content; Rule 2.2608, Number of Runs and Compliance Determination; Rule 2.2610, Opacity; Rule 2.2612, Nitrogen Oxide Testing Methods; Rule 2.2613, 2.2600 rules, including: Rules 2.2616, Fluorides; 2.2618, Mercury; 2.2619, Arsenic, Beryllium, Cadmium, Hexavalent Chromium; and 2.2620, Dioxins and Furans. Provisions for these pollutants were not previously included in the Mecklenburg LIP. 4 Except for the addition of paragraph 2.0501(e), with an effective date of June 1, 2008; and except for changes to remove and recodify the prefatory text at 2.0501(c) and for subparagraphs (c)(3), (c)(4), (c)(5), (c)(6), (c)10, (c)(15), (c)(16), and (c)(18), which will remain unchanged with a state effective date of June 14, 1990. Because EPA is acting on other portions of Rule 2.0501, which includes moving former paragraph (e) to paragraph (c) with an effective date of June 1, 2008, there will be two paragraphs 2.0501(c), with different state effective dates. EPA will consider the remaining portions of the June 14, 1990 version of paragraph (c) in a separate action. 5 Except for paragraph 2.2602(i), which corresponds to existing 2.0501(c)(18) in the LIP. E:\FR\FM\25JAR1.SGM 25JAR1

Agencies

[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.

-----------------------------------------------------------------------

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 [email protected].

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:
     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:
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
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