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Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Proposed Rules 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 52:052, Review of new sources in or impacting upon nonattainment areas addressing nonattainment new source review NNSR cross reference 52 KAR 52:100.
Specifically, Kentuckys PSD rules at 401 KAR 51:017, Section 5, Exclusions from Increment Consumption; Section 10, Air Quality Models; Section 14, Sources Impacting Class I Areas;
Section 15, Public Participation; and Section 20, Plant-wide Applicability Limit Provisions, cite to 401 KAR 52:100
and to 40 CFR 51.166q. Kentuckys NNSR rules at 401 KAR 51:052, Section 75f, Source Obligation; Section 103, Federal land manager notification;
Section 104, Public participation; and Section 11, Plant-wide Applicability Limit Provisions, cite to 401 KAR 52:100
and to 40 CFR 52.214 to the extent that 401 KAR 52:100 procedures do not apply.
In this proposed action, EPA is proposing to approve the following changes to 401 KAR 52:100. In Section 2, Public Comment Period, Section 3, Public Hearing, and Section 4, Public Notice, the Cabinet is replacing the public notice method for the aforementioned permit programs from newspaper publication to website notification at http eec.ky.gov. This method of notification is consistent with the public availability of information requirements for permits under 40 CFR
51.161, 51.166q, 51.165i, and 70.7
and the criteria for FESOP programs see 54 FR 27274 June 28, 1989
hereinafter FESOP Guidance.
Additionally, this regulation allows the Cabinet to provide further notice in newspapers, newsletters, and press releases under Section 42.
Section 7, Mailing List, is updated to require the Cabinet to notify persons of the opportunity to be on a mailing list to receive notification of permit actions via the Cabinets website, rather than notification through hard copy publications.
Section 8, Public Inspection of Documents, is also updated to require the Cabinet to post draft permits on the Cabinets website for the duration of the public comment period. The revision to primarily to avoid major source operating permitting under title V are commonly referred to as FESOP programs. The FESOP program is a voluntary mechanism for states to create federally enforceable restrictions on PTE to avoid major source permitting requirements, such as the title V
operating permit program, and there are no specific CAA provisions or federal regulations regarding the issuance of synthetic minor or conditional major operating permits.

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Section 8 deletes the requirement that the permit application, draft permit, and supporting material information be available for public inspection in local public libraries and county clerk offices, but retains the requirement that, during the public comment period, all nonconfidential information contained in the permit application, draft permit, and supporting materials be made available at the main office of the Division of Air Quality and the Division for Air Quality Regional office having jurisdiction over the source. As described above, posting draft permits on a designated website is required for consistency under the federal rules when e-notice is provided.
In addition, the submission contains minor textual changes to provide clarity and greater consistency. These textual revisions include: updating references to the Cabinet, Division for Air Quality, and regional offices; language changes for clarity and consistency such as changing specified to established and adding public before references to notice and hearings; clarifying that confidential information refers to confidential business information CBI
under 40 CFR part 2 and 400 KAR 1:060
in Section 511b; and clarifying that the Cabinet will issue a revised permit upon receipt of EPA objection under Section 109c2. It does not change substantive elements of the content of such notifications or time periods associated with notifications. EPA is proposing to approve these revisions because the revisions are consistent with the SIP revision requirements of CAA section 110, the Title V program revision requirements of 40 CFR 70.4, and EPAs permitting requirements for public participation.
III. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference 401 KAR 52:100, Public, affected state, and U.S. EPA review, Version 2, state effective June 2, 2020, into the Kentucky SIP, as well as the States federally approve title V program. The proposed 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 www.regulations.gov and at the EPA
Region 4 office please contact the
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person identified in the FOR FURTHER
section of this preamble for more information.

INFORMATION CONTACT

IV. Proposed Action EPA is proposing to approve the changes to 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, for the reasons stated above.
V. Statutory and Executive Order Reviews In reviewing SIP and Title V
submissions, EPAs role is to approve such submissions, provided that they meet the criteria under the CAA, and EPAs implementing regulations. This action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 1955 Pub. L. 1044;
Does not have Federalism implications as specified in the 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

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