The purpose and effect of the proposed rule amendment (OGC 11-1090) will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-242.100: Purpose and Scope
62-242.200: Definitions
62-242.400: Standards and Procedures for Inspection of Gasoline-Fueled Vehicles; Pass/Fail Criteria
62-242.500: Standards and Procedures for Inspection of Diesel Fueled Vehicles; Pass/Fail Criteria
62-242.600: Equipment Performance Specifications
62-242.700: Tampering Inspection
62-242.800: Low Emissions Adjustment
62-242.900: Training Criteria for Motor Vehicle Emissions Inspection Personnel

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment (OGC 11-1090) will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: The Department of Environmental Protection adopted this rule pursuant to the Florida Clean Outdoor Air Law, Section 325.201, F.S., as an integral part of the Department’s program to achieve and maintain the National Ambient Air Quality Standards for ozone, carbon monoxide, and particulate matter; and to control nuisance exhaust. This rule is obsolete as Chapter 325, F.S., was repealed and other rules have addressed the pollutants.

OTHER RULES INCORPORATING THIS RULE: None

EFFECT ON THOSE OTHER RULES: None

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that repeal of these rules will not have an adverse impact on small business or likely increase regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. This rulemaking will not require ratification by the Florida Legislature because the rules are being repealed to reduce unnecessary regulatory costs.

RULEMAKING AUTHORITY: 325.206, 325.209, 325.212, 352.213, 403.061 FS.
LAW IMPLEMENTED: 325.202, 325.203, 325.206, 325.209, 325.212, 325.213, 403.021, 403.031, 403.061 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD): DATE AND TIME: January 5, 2012, 9:00 a.m.

PLACE: Department of Environmental Protection, Carr Building, Room 170, 3800 Commonwealth Blvd., Tallahassee, Florida. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Jim Pennington, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400 Telephone [phone]. E-mail [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

The department will accept public comments on the proposed rulemaking, within a 21 day time period, beginning the day following publication of this notice (day one). Comments may be sent to Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399. Telephone [phone]. E-mail [e-mail].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee Florida 32399, Telephone [phone], E-mail [e-mail] or Jim Pennington, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone [phone], E-mail [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62-242.100 Purpose and Scope.

Rulemaking Specific Authority 325.206, 325.209, 325.212, 325.213, 403.061 FS. Law Implemented 325.206, 325.209, 325.212, 325.213, 403.021, 403.031, 403.061 FS. History–New 2-20-89, Amended 3-21-91, Formerly 17-242.100, Repealed________.

 

62-242.200 Definitions.

Rulemaking Specific Authority 325.206, 325.209, 325.212, 325.213, 403.061 FS. Law Implemented 325.202, 325.206, 325.209, 325.212, 325.213, 403.021, 403.031, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.200, Amended 3-13-96, Repealed________.

 

62-242.400 Standards and Procedures for Inspection of Gasoline-Fueled Vehicles; Pass/Fail Criteria.

Rulemaking Specific Authority 325.206, 403.061 FS. Law Implemented 325.203, 325.206, 403.021, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.400, Repealed________.

 

62-242.500 Standards and Procedures for Inspection of Diesel Fueled Vehicles; Pass/Fail Criteria.

Rulemaking Specific Authority 325.206, 325.212, 403.061 FS. Law Implemented 325.203, 325.206, 325.212, 403.021, 403.031, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.500, Repealed________.

 

62-242.600 Equipment Performance Specifications.

Rulemaking Specific Authority 325.206, 325.212, 403.061 FS. Law Implemented 325.206, 325.212, 325.213, 403.031, 403.061 FS. History–New 2-20-89, Amended 2-14-91, 2-2-93, Formerly 17-242.600, Repealed________.

 

62-242.700 Tampering Inspection.

Rulemaking Specific Authority 325.206, 325.209, 403.061 FS. Law Implemented 325.206, 325.209, 403.021, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.700, Repealed________.

 

62-242.800 Low Emissions Adjustment.

Rulemaking Specific Authority 325.206, 325.209, 403.061 FS. Law Implemented 325.206, 325.209, 403.021, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.800, Repealed________.

 

62-242.900 Training Criteria for Motor Vehicle Emissions Inspection Personnel.

Rulemaking Specific Authority 325.212, 325.213, 403.061 FS. Law Implemented 325.202, 325.212, 325.213, 403.021, 403.031, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.900, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Halpin, Director, Division of Air Resource Management

NAME OF PERSON WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011