Clean Air Act New Source Review Operating Permit Program; Notice of Transfer of Permits to Wyoming Department of Environmental Quality, 28739-28740 [2021-11191]

Download as PDF Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Proposed Rules § 100.T08–0245 Tell City, IN. PADL 2021, Ohio River, ACTION: (a) Regulated area. The regulations in this section apply to the following area: The regulated area would cover all navigable waters of the Ohio River, extending the entire width of the river, between MM 719.0 to MM 722.0. (b) Definitions. Designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Sector Ohio Valley (COTP) in the enforcement of the regulations in this section. Participant means all persons and vessels registered with the event sponsor as a participants in the race. (c) Regulations. (1) All nonparticipants are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area described in paragraph (a) of this section unless authorized by the Captain of the Port Sector Ohio Valley or their designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative by VHF–FM Channel 16 or by telephone at 1–800–253–7465. Those in the regulated area must comply with all lawful orders or directions given to them by the COTP or the designated representative. (3) The COTP will provide notice of the regulated area through advanced notice via broadcast notice to mariners and by on-scene designated representatives. (d) Enforcement period. This section will be enforced from 10:30 a.m. to 1:30 p.m. on July 31, 2021. Dated: May 11, 2021. A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2021–10886 Filed 5–27–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 52 [EPA–R08–OAR–2021–0267; FRL–10024– 00–Region 8] Clean Air Act New Source Review Operating Permit Program; Notice of Transfer of Permits to Wyoming Department of Environmental Quality Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 16:44 May 27, 2021 Jkt 253001 Proposed rule. The EPA is proposing to grant Wyoming Department of Environmental Quality’s (WDEQ) August 21, 2020 request to transfer to the State administrative authority over two federal permits that were issued by the EPA on June 26, 1973 under the federal new source review (NSR) permitting program. In addition, the EPA is proposing to agree with WDEQ’s analysis in its August 21, 2020 letter demonstrating that the current Wyoming regulations still meet the requirements of the federal NSR permitting program. This action is proposing to transfer the 1973 federally issued permits to Wyoming. The EPA is proposing this action in accordance with the Clean Air Act and the Code of Federal Regulations NSR program requirements. SUMMARY: Written comments must be received on or before June 28, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2021–0267, to the Federal Rulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The 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 you wish to make. The 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 https://www.epa.gov/dockets/ commenting-epa-dockets. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically in www.regulations.gov. DATES: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 28739 To reduce the risk of COVID–19 transmission, for this action we do not plan to offer hard copy review of the docket. Please email or call the person listed in the FOR FURTHER INFORMATION CONTACT section if you need to make alternative arrangements for access to the docket. FOR FURTHER INFORMATION CONTACT: Donald Law, Air and Radiation Division (8ARD–PM), EPA, Region 8, Mailcode 8ARD–PM, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–7015, law.donald@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. Proposed action: In the ‘‘Rules and Regulations’’ section of this Federal Register, the EPA is publishing a direct final rule without prior proposal of the EPA’s intent to grant WDEQ’s August 21, 2020 request to transfer to the State administrative authority over two existing EPA issued permits that were issued by the EPA on June 26, 1973 under the now superseded federal NSR permitting program for Wyoming. The EPA views this as a noncontroversial action and we do not expect adverse comments. A detailed rationale for the action is set forth in the preamble to the direct final rule. If the EPA receives no adverse comments, the EPA contemplates no further action. If the EPA receives adverse comments, the EPA will withdraw the direct final rule and will address all public comments in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For additional information, see the direct final rule of the same title which is located in the ‘‘Rules and Regulations’’ section of this Federal Register. List of Subjects 40 CFR Part 51 Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Nitrogen oxides, Opacity, Ozone, Reporting and recordkeeping requirements, Sulfur dioxide, Sulfur oxides, Transportation, Volatile organic compounds. 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Greenhouse gases, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and E:\FR\FM\28MYP1.SGM 28MYP1 28740 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 30303–8960. 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. EPA–R04– OAR–2020–0461 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 Kentucky’s 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, EPA’s 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. 2021–11191 Filed 5–27–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA–R04–OAR–2020–0461; FRL–10024– 40–Region 4] Air Plan and Operating Permit Program Approval; Kentucky; Public, Affected State, and EPA Review AGENCY: SUMMARY: VerDate Sep<11>2014 16:44 May 27, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 access to permit-related documents. A full description of the e-notice and eaccess provisions are contained in EPA’s 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. EPA’s Analysis of Kentucky’s 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 Kentucky’s 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 E:\FR\FM\28MYP1.SGM 28MYP1

Agencies

[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Proposed Rules]
[Pages 28739-28740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11191]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-R08-OAR-2021-0267; FRL-10024-00-Region 8]


Clean Air Act New Source Review Operating Permit Program; Notice 
of Transfer of Permits to Wyoming Department of Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing to grant Wyoming Department of 
Environmental Quality's (WDEQ) August 21, 2020 request to transfer to 
the State administrative authority over two federal permits that were 
issued by the EPA on June 26, 1973 under the federal new source review 
(NSR) permitting program. In addition, the EPA is proposing to agree 
with WDEQ's analysis in its August 21, 2020 letter demonstrating that 
the current Wyoming regulations still meet the requirements of the 
federal NSR permitting program. This action is proposing to transfer 
the 1973 federally issued permits to Wyoming. The EPA is proposing this 
action in accordance with the Clean Air Act and the Code of Federal 
Regulations NSR program requirements.

DATES: Written comments must be received on or before June 28, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0267, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The 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 you wish to make. The 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 https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available electronically in 
www.regulations.gov. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of the docket. 
Please email or call the person listed in the FOR FURTHER INFORMATION 
CONTACT section if you need to make alternative arrangements for access 
to the docket.

FOR FURTHER INFORMATION CONTACT: Donald Law, Air and Radiation Division 
(8ARD-PM), EPA, Region 8, Mailcode 8ARD-PM, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, (303) 312-7015, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.
    Proposed action: In the ``Rules and Regulations'' section of this 
Federal Register, the EPA is publishing a direct final rule without 
prior proposal of the EPA's intent to grant WDEQ's August 21, 2020 
request to transfer to the State administrative authority over two 
existing EPA issued permits that were issued by the EPA on June 26, 
1973 under the now superseded federal NSR permitting program for 
Wyoming. The EPA views this as a noncontroversial action and we do not 
expect adverse comments. A detailed rationale for the action is set 
forth in the preamble to the direct final rule. If the EPA receives no 
adverse comments, the EPA contemplates no further action. If the EPA 
receives adverse comments, the EPA will withdraw the direct final rule 
and will address all public comments in a subsequent final rule based 
on this proposed rule. The EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. For additional information, see the direct final rule of 
the same title which is located in the ``Rules and Regulations'' 
section of this Federal Register.

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Intergovernmental relations, 
Lead, Nitrogen dioxide, Nitrogen oxides, Opacity, Ozone, Reporting and 
recordkeeping requirements, Sulfur dioxide, Sulfur oxides, 
Transportation, Volatile organic compounds.

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and

[[Page 28740]]

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. 2021-11191 Filed 5-27-21; 8:45 am]
BILLING CODE 6560-50-P
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