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Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Proposed Rules
Environmental Protection Agency EPA.
ACTION: Proposed rule.

you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, 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 303038960.
The telephone number is 404 562
8994. Ms. LaRocca can also be reached via electronic mail at larocca.sarah@
epa.gov.
SUPPLEMENTARY INFORMATION:

The Environmental Protection Agency EPA is proposing to approve 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 enotice and removing the mandatory requirement to provide public notice of a draft air permit in a newspaper. EPA
is proposing to approve these changes as they are consistent with the Clean Air Act CAA or Act and implementing federal regulations.
DATES: Comments must be received on or before June 28, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR04
OAR20200461 at www.regulations.gov. Follow the online instructions for submitting comments.
Once submitted, comments cannot be edited or removed from Regulations.gov.
EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information CBI or other information whose disclosure is restricted by statute.
Multimedia submissions audio, video, etc. must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points
I. Background 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 Kentuckys EPAapproved permitting programs.
Permitting authorities are not required to adopt e-notice. Nothing in the revised 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.
EPA anticipates that e-notice, which is already being practiced by many permitting authorities, will enable permitting authorities to communicate permitting and other affected actions to the public more quickly and efficiently and will provide cost savings over newspaper publication. EPA further anticipates that e-access will expand
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 20, 2021.
Debra H. Thomas, Acting Regional Administrator, Region 8.
FR Doc. 202111191 Filed 52721; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
EPAR04OAR20200461; FRL10024
40Region 4

Air Plan and Operating Permit Program Approval; Kentucky; Public, Affected State, and EPA Review AGENCY:

SUMMARY:

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access to permit-related documents. A
full description of the e-notice and eaccess provisions are contained in EPAs October 18, 2016 rulemaking notice. See 81 FR 71613.
EPA is proposing to approve changes to 401 Kentucky Administrative Regulations 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 revision updates the current SIPapproved 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 in the same manner.1
II. EPAs Analysis of Kentuckys Submittals The SIP and Title V program revisions contain 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.2 In addition, the public 1 EPA fully approved Kentuckys title V
permitting program in 2001. See 66 FR 54955
October 31, 2001.
2 401 KAR 52:030 establishes requirements for sources that accept emission limitations to avoid major source NSR requirements under Title I of the Act or Operating Permit Program requirements under Title V of the Act. Sources subject to these types of permits restricting potential to emit PTE, both for construction permitting of new or modified sources and operating permitting for existing major sources, are commonly referred to as synthetic minor sources. Kentucky prefers to distinguish between the Title V and Title I requirements that a source is attempting to avoid. Hence, they use the term conditional major for sources whose emissions are limited below the threshold for Title V, and synthetic minor for sources whose emissions are below the threshold for Title I. See Cabinet Provisions and Procedures for Issuing Federally-Enforceable Permits for Nonmajor Sources, which is incorporated by reference in Section 26 of 401 KAR 52:030. SIP-approved operating permit programs that restrict PTE

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