Air Plan Approval; Illinois; Public Participation in the Permit Program, 21207-21208 [2021-08261]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations
requestor with an accessible format that
may include Rich Text Format (‘‘RTF’’)
or text format (‘‘txt’’), a thumb drive, an
MP3 file, braille, large print, audiotape,
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or portable document format
(‘‘PDF’’). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
ADDRESSES:
Miguel Cardona,
Secretary of Education.
FOR FURTHER INFORMATION CONTACT:
Daniel Wolski, Physical Scientist, Air
Permitting Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–0557, wolski.daniel@
epa.gov.
[FR Doc. 2021–08359 Filed 4–21–21; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0467; FRL–10022–
84–Region 5]
Air Plan Approval; Illinois; Public
Participation in the Permit Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Illinois State Implementation Plan
(SIP) that were submitted on August 27,
2020 by the Illinois Environmental
Protection Agency (IEPA). These
revisions affect the public notice rule
provisions for the New Source Review
(NSR) and title V Operating Permit
programs (title V) of the Clean Air Act
(CAA). The revisions remove the
mandatory requirement to provide
public notice of draft CAA permits in a
newspaper and allow electronic notice
(e-notice) as an alternate noticing
option. EPA proposed to approve this
action on February 26, 2021 and
received no adverse comments.
DATES: This final rule is effective on
May 24, 2021.
SUMMARY:
VerDate Sep<11>2014
16:23 Apr 21, 2021
Jkt 253001
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0467. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) 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 through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Daniel
Wolski, Physical Scientist, at 312–886–
0557 before visiting the Region 5 office.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On February 26, 2021, EPA proposed
to approve revisions to Illinois’ public
notice for CAA permitting rules
contained in Chapter 35 Illinois
Administrative Code (IAC) part 252. See
86 FR 11680. An explanation of the
CAA requirements, a detailed analysis
of the revisions, and EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking
(NPRM) and will not be restated here.
The public comment period for this
proposed rule ended on March 29, 2021.
EPA received one supportive comment
on the proposal.
II. Final Action
EPA is approving IEPA’s August 27,
2020, SIP program revisions addressing
public notice requirements for CAA
permitting. EPA has concluded that the
State’s submittal meets the plan
revisions requirements of CAA section
110 and the implementing regulations at
40 CFR 51.161, 40 CFR 70.4, and 40 CFR
70.7.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
21207
III. Incorporation by Reference
In this rule, 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 the Illinois Regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov, and at the EPA
Region 5 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.1
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, 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.);
• 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);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
1 62
E:\FR\FM\22APR1.SGM
FR 27968 (May 22, 1997).
22APR1
21208
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations
• 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 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
• 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).
In addition, the SIP is 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 rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 June 21, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
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) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Administrative
practice and procedure Incorporation by
reference, Intergovernmental relations,
Operating permits, Reporting and
recordkeeping requirements.
Dated: April 15, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.720, the table in paragraph
(c) is amended by revising the entries
‘‘252.201’’ and ‘‘252.204’’ to read as
follows:
■
§ 52.720
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
Illinois citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
*
Comments
*
*
Part 252: Public Participation in the Air Pollution Permit Program for Major Sources in Nonattainment Areas
*
*
*
*
*
*
*
Subpart B: Procedures for Public Review
252.201 .......................
Notice and Opportunity to Comment ..........
*
252.204 .......................
*
*
Opportunity for Public Hearing ....................
*
*
*
*
*
*
*
8/1/2018
*
8/1/2018
*
4/22/2021, [INSERT Federal
Register CITATION].
*
*
4/22/2021, [INSERT Federal
Register CITATION].
*
*
*
[FR Doc. 2021–08261 Filed 4–21–21; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:23 Apr 21, 2021
Jkt 253001
PO 00000
Frm 00046
Fmt 4700
Sfmt 9990
E:\FR\FM\22APR1.SGM
22APR1
*
*
]]>Agencies
[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Rules and Regulations]
[Pages 21207-21208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08261]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0467; FRL-10022-84-Region 5]
Air Plan Approval; Illinois; Public Participation in the Permit
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Illinois State Implementation Plan (SIP) that were
submitted on August 27, 2020 by the Illinois Environmental Protection
Agency (IEPA). These revisions affect the public notice rule provisions
for the New Source Review (NSR) and title V Operating Permit programs
(title V) of the Clean Air Act (CAA). The revisions remove the
mandatory requirement to provide public notice of draft CAA permits in
a newspaper and allow electronic notice (e-notice) as an alternate
noticing option. EPA proposed to approve this action on February 26,
2021 and received no adverse comments.
DATES: This final rule is effective on May 24, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0467. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) 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
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Daniel
Wolski, Physical Scientist, at 312-886-0557 before visiting the Region
5 office.
FOR FURTHER INFORMATION CONTACT: Daniel Wolski, Physical Scientist, Air
Permitting Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-0557, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On February 26, 2021, EPA proposed to approve revisions to
Illinois' public notice for CAA permitting rules contained in Chapter
35 Illinois Administrative Code (IAC) part 252. See 86 FR 11680. An
explanation of the CAA requirements, a detailed analysis of the
revisions, and EPA's reasons for proposing approval were provided in
the notice of proposed rulemaking (NPRM) and will not be restated here.
The public comment period for this proposed rule ended on March 29,
2021. EPA received one supportive comment on the proposal.
II. Final Action
EPA is approving IEPA's August 27, 2020, SIP program revisions
addressing public notice requirements for CAA permitting. EPA has
concluded that the State's submittal meets the plan revisions
requirements of CAA section 110 and the implementing regulations at 40
CFR 51.161, 40 CFR 70.4, and 40 CFR 70.7.
III. Incorporation by Reference
In this rule, 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 the Illinois
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 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.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, 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.);
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);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
[[Page 21208]]
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 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
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).
In addition, the SIP is 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 rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 June 21, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the 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) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Administrative
practice and procedure Incorporation by reference, Intergovernmental
relations, Operating permits, Reporting and recordkeeping requirements.
Dated: April 15, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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.
0
2. In Sec. 52.720, the table in paragraph (c) is amended by revising
the entries ``252.201'' and ``252.204'' to read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
Illinois citation Title/subject effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 252: Public Participation in the Air Pollution Permit Program for Major Sources in Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart B: Procedures for Public Review
----------------------------------------------------------------------------------------------------------------
252.201........................ Notice and Opportunity 8/1/2018 4/22/2021, [INSERT
to Comment. Federal Register
CITATION].
* * * * * * *
252.204........................ Opportunity for Public 8/1/2018 4/22/2021, [INSERT
Hearing. Federal Register
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-08261 Filed 4-21-21; 8:45 am]
BILLING CODE 6560-50-P
