Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 3661 

the document published in the Federal 

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List of Subjects in 34 CFR Part 226 

Education, Educational facilities, 

Grant programs—education, Reporting 

and recordkeeping requirements, 

Schools. 

Miguel A. Cardona, 

Secretary of Education. 

For the reasons discussed in the 

preamble, the Secretary amends part 

226 of title 34 of the Code of Federal 

Regulations as follows: 

PART 226—STATE CHARTER SCHOOL 

FACILITIES INCENTIVE PROGRAM 

■ 1. The authority citation for part 226 

continues to read as follows: 

Authority: 20 U.S.C. 1221e–3; 7221d(b), 

unless otherwise noted. 

§ 226.4 [Amended] 

■ 2. Section 226.4 is amended in 

paragraph (a) introductory text by 

removing ‘‘5210’’ and adding in its 

place ‘‘4310’’. 

§ 226.11 [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 

aid and access to State loan or bonding 

pools. 

* * * * * 

§ 226.13 [Removed and Reserved] 

■ 5. Section 226.13 is removed and 

reserved. 

§ 226.14 [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’’. 

[FR Doc. 2022–01336 Filed 1–24–22; 8:45 am] 

BILLING CODE 4000–01–P 

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 

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 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 


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3662 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 

1See 62 FR 27968 (May 22, 1997). 

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

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 

■ 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– 


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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 3663 

1Hereinafter, 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). 2The 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. 

3Additionally, EPA notes that NCDAQ did not 

request EPA approval into the LIP of several Section 

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. 

4Except 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. 

5Except for paragraph 2.2602(i), which 

corresponds to existing 2.0501(c)(18) in the LIP. 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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

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 

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, 


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