Rule2021-21048
Air Plan Approval and Operating Permit Program; KY; Public, Affected State, and EPA Review
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
October 1, 2021
Effective
November 1, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving changes to the Kentucky State Implementation Plan (SIP) and the Kentucky Title V Operating Permit Program (Title V) submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet) on August 12, 2020, and March 29, 2021. These revisions address the public notice rule provisions for the New Source Review (NSR), Federally Enforceable State Operating Permits (FESOP), and Title V programs of the Clean Air Act (CAA or Act) by providing for electronic notice ("e- notice") and removing the mandatory requirement to provide public notice of a draft air permit in a newspaper. EPA is approving these changes as they are consistent with the Clean Air Act (CAA or Act) and implementing Federal regulations.
Full Text
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<title>Federal Register, Volume 86 Issue 188 (Friday, October 1, 2021)</title>
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[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54379-54381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21048]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R04-OAR-2020-0461; FRL-8976-02-R4]
Air Plan Approval and Operating Permit Program; KY; Public,
Affected State, and EPA Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to the Kentucky State Implementation Plan (SIP) and the Kentucky Title
V Operating Permit Program (Title V) submitted by the Commonwealth of
Kentucky, through the Energy and Environment Cabinet (Cabinet) on
August 12, 2020, and March 29, 2021. These revisions address the public
notice rule provisions for the New Source Review (NSR), Federally
Enforceable State Operating Permits (FESOP), and Title V programs of
the Clean Air Act (CAA or Act) by providing for electronic notice (``e-
notice'') and removing the mandatory requirement to provide public
notice of a draft air permit in a newspaper. EPA is approving these
changes as they are consistent with the Clean Air Act (CAA or Act) and
implementing Federal regulations.
DATES: This rule is effective November 1, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0461. 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 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 <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: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#2d414c5f424e4e4c035e4c5f4c456d485d4c034a425b"><span class="__cf_email__" data-cfemail="bad6dbc8d5d9d9db94c9dbc8dbd2fadfcadb94ddd5cc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to 401 Kentucky Administrative Regulation
(KAR) 52:100, Public, affected state, and U.S. EPA review, of the
Kentucky SIP and Title V program, submitted by the Commonwealth on
August 12, 2020, and March 29, 2021. The August 12, 2020, and March 29,
2021, SIP and Title V program revisions seek to establish a revised
method of publication of public notices for public hearings and public
comment periods, establish a revised method of notification of the
opportunity to be placed on a mailing list of permit actions, change
how documents related to permit proceedings will be available for
public inspection, and make minor changes to 401 KAR 52:100 that do not
alter the meaning of the regulation. The SIP revisions, which address
public notice rule provisions for the NSR and FESOP programs, updates
the current SIP-approved version of 401 KAR 52:100 (Version 1) to
Version 2. The Title V revision updates the approved version of 401 KAR
52:100 originally approved in the Kentucky Title V program to Version 2
as well.\1\
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\1\ EPA fully approved Kentucky's Title V permitting program in
2001. See 66 FR 54955 (October 31, 2001).
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II. Analysis of Kentucky's Submission
On October 5, 2016, EPA finalized revised public notice provisions
for the NSR, Title V, and Outer Continental Shelf permitting programs
of the CAA. See 81 FR 71613 (October 18, 2016). These rule revisions
removed the mandatory requirement to provide public notice of
permitting actions through publication in a newspaper and allow for
internet e-notice as an option for permitting authorities implementing
their own EPA-approved SIP rules and Title V rules, such as Kentucky's
EPA-approved permitting programs. Permitting authorities are not
required to adopt e-notice. Nothing in the revised
[[Page 54380]]
rules prevents a permitting authority with an EPA-approved permitting
program from continuing to use newspaper notification and/or from
supplementing e-notice with newspaper notification and/or additional
means of notification. For the noticing of draft permits issued by
permitting authorities with EPA-approved programs, the rule requires
the permitting authority to use ``a consistent noticing method'' for
all permit notices under the specific permitting program. When e-notice
is provided, EPA's rule requires electronic access (e-access) to the
draft permit for the duration of the public comment period.
A full description of the e-notice and e-access provisions are
contained in EPA's October 18, 2016 rulemaking document. See 81 FR
71613.
The SIP and Title V permit programs are revised through changes to
401 KAR 52:100, Public, affected state, and U.S. EPA review, which
establishes the procedures used by the Cabinet to provide for the
review of federally-enforceable permits by the public, affected states,
and EPA. Specifically, 401 KAR 52:100 applies to permit actions
established in 401 KAR 52.020, Title V Permits and 401 KAR 52.030,
Federally-enforceable permits for non-major sources. In addition, the
public participation provisions of Kentucky's major source NSR
permitting programs at 401 KAR 51:017, Prevention of significant
deterioration of air quality (PSD), and 401 KAR 51:052, Review of new
sources in or impacting upon nonattainment areas (addressing
nonattainment new source review (NNSR)) cross reference the public
notice procedures of 401 KAR 52:100.
In a notice of proposed rulemaking (NPRM) published on May 28, 2021
(86 FR 28740), EPA proposed to approve Kentucky's SIP and Title V
program revisions provided on August 12, 2020, and March 29, 2021. The
NPRM provides additional detail regarding the background and rationale
for EPA's action. Comments on the NPRM were due on or before June 28,
2021. EPA did not receive any comments on the NPRM.
III. 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 401 KAR
52:100, Public, affected state, and U.S. EPA review, Version 2, State
effective June 2, 2020, into the Kentucky SIP. The incorporation
includes minor textual changes and establishes a revised means of
publication for public notices for public hearing, public comment
periods, and the opportunity to join mailing lists, and a revised means
to inspect documents related to permit proceedings. EPA has made, and
will continue to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 4 office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\2\
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\2\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the changes to the 401 KAR 52:100 Public, affected
state, and U.S. EPA review, of the Kentucky SIP and Title V program, as
submitted on August 12, 2020, and March 29, 2021, as these changes are
consistent with the CAA and implementing Federal regulations.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve SIP and
Title V submissions that comply with the provisions of the Act and
applicable Federal regulations. See 42 U.S.C. 7410(k) and 7661a(d); 40
CFR 52.02(a) and 70.4(e). Thus, in reviewing SIP and Title V
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 Kentucky SIP and Title V program are 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 rules do not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will they
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 November 30, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the
[[Page 54381]]
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
40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Operating permits, Reporting and recordkeeping requirements.
Dated: September 22, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 70 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 S--Kentucky
0
2. In Sec. 52.920(c), Table 1 is amended under ``Chapter 52 Permits,
Registrations, and Prohibitory Rules'' by revising the entry for ``401
KAR 52:100'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Kentucky Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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* * * * * * *
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Chapter 52 Permits, Registrations, and Prohibitory Rules
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* * * * * * *
401 KAR 52:100............... Public, affected 6/2/2020 10/1/2021, [Insert
state, and U.S. EPA citation of
review. publication].
* * * * * * *
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* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Amend appendix A to part 70 by adding paragraph (c) under the
heading ``Kentucky'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Kentucky
* * * * *
(c) Revisions to 401 Kentucky Administrative Regulation 52:100,
submitted on March 29, 2021, with a State effective date of June 2,
2020, to allow for electronic noticing of operating permits, are
approved on October 1, 2021.
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[FR Doc. 2021-21048 Filed 9-30-21; 8:45 am]
BILLING CODE 6560-50-P
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