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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
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, EPAs 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 EPAs 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 federallyenforceable 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 nonmajor sources. In addition, the public participation provisions of Kentuckys 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 Kentuckys 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 EPAs 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
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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 www.regulations.gov 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 EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.2
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.
7410k and 7661ad; 40 CFR 52.02a and 70.4e. Thus, in reviewing SIP and Title V submissions, EPAs 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.;
2 See
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62 FR 27968 May 22, 1997.

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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. 1044;
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 12d 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 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. 8042.
Under section 307b1 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
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