11680 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

• 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); 

• 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 proposed 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). 

List of Subjects in 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 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 11, 2021. 

Debra Thomas, 

Acting Regional Administrator, EPA Region 

8. 

[FR Doc. 2021–03277 Filed 2–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0467; FRL–10020– 

71–Region 5] 

Air Plan Approval; Illinois; Public 

Participation in the Permit Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

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 is 

proposing to approve these revisions 

pursuant to the CAA and implementing 

Federal regulations. 

DATES: Comments must be received on 

or before March 29, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0467 at http://

www.regulations.gov, or via email to 

damico.genevieve@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, 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. 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, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

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. The EPA Region 5 office 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. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

On October 5, 2016, EPA finalized 

revised public notice rule provisions for 

the NSR, title V, and Outer Continental 

Shelf permitting programs of the CAA. 

See 81 FR 71613 (October 18, 2016). 

These rule provisions remove the 

mandatory requirement to provide 

public notice of a draft air permit 

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. Permitting authorities are 

not required to adopt e-notice. A 

permitting authority with an EPAapproved permitting program, such as 

IEPA, may continue to use newspaper 

notification or supplement e-notice with 

newspaper notification or additional 

means of notification. When e-notice is 

provided, EPA’s rule requires electronic 

access (e-access) to the draft permit. 

Generally, state and local agencies are 

expected to post the draft permits and 

public notices in a designated location 

on their agency websites. For the 

noticing of draft permits issued by 

permitting authorities with EPAapproved programs, the rule requires 

the permitting authority to use ‘‘a 

consistent noticing method’’ for all 

permit notices under the specific 

permitting program. Permitting 

authorities must also provide the public 

with reasonable access to the other 

materials that support the permit 

decision (e.g., the permit application, 

statement of basis, fact sheet, 

preliminary determination, final 

determination and response to 

comments) as required by existing 

regulations, however such materials 

which comprise the permit record may 

be provided either electronically, at a 

physical location, or a combination of 

both. 

EPA anticipates that e-notice, which 

is already being practiced by many 


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Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 11681 

1 IEPA has submitted additional SIP revision 

requests which will impact part 252. These 

submittals will be the subject of forthcoming EPA 

actions. 

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 

access to permit-related documents. A 

full description of the e-notice and eaccess provisions are contained in 

EPA’s October 18, 2016, rulemaking (81 

FR 71613). 

II. Analysis of Illinois’ E-Notice Rule 

Revisions 

IEPA revised Chapter 35 Illinois 

Administrative Code (IAC) part 252, 

Public Participation in the Air Pollution 

Control Permit Program, to incorporate 

EPA’s amendments to the Federal 

public notice regulations discussed 

above. Specifically, IEPA revised 35 IAC 

252 section 201, ‘‘Notice and 

Opportunity to Comment’’ and section 

204, ‘‘Availability of Documents’’. 

IEPA’s revisions to 35 IAC 252 section 

201 add language to allow for the use of 

e-notice for certain air permit hearings, 

including those regarding major 

stationary source construction and 

modification (IEPA’s nonattainment 

NSR program), CAA Permit Program 

permits (IEPA’s title V program), and 

others, by providing notice to the public 

by prominent placement at a dedicated 

page on IEPA’s website. Revisions to 

part 252 section 204 specify the location 

of certain permitting documents and 

allow a copy of the draft permit to be 

placed on a dedicated page on IEPA’s 

website for the duration of the public 

comment period. 

IEPA’s regulations were the subject of 

a public hearing on January 11, 2018 

and were adopted on August 17, 2018 

with an effective date of August 1, 2018. 

EPA received IEPA’s SIP submittal on 

August 27, 2020. Based on a review of 

the proposed revisions, EPA has 

preliminarily determined that IEPA’s 

revisions meet the requirements of the 

Federal e-notice provisions.1

III. What Action is EPA Taking? 

EPA is proposing to approve IEPA’s 

August 27, 2020 SIP program revisions 

addressing public notice requirements 

for CAA permitting. EPA has 

preliminarily 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 70.7. 

IV. Incorporation by Reference 

In this rule, 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 

revisions to 35 IAC part 252 section 201 

‘‘Notice and Opportunity to Comment’’ 

and section 204, ‘‘Availability of 

Documents’’, effective August 1, 2018. 

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). 

V. 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. 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because it is not a significant 

regulatory action under Executive Order 

12866; 

• 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); 

• 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). 

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: February 22, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2021–03982 Filed 2–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0013; FRL–10019– 

66–Region 9] 

Air Plan Limited Approval, Limited 

Disapproval; Arizona; Arizona 

Department of Environmental Quality 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing a limited 

approval and limited disapproval of a 

portion of a state implementation plan 

(SIP) submission made by the State of 

Arizona to address Moderate area 

nonattainment plan requirements for 

purposes of the 1987 24-hour national 

ambient air quality standards (NAAQS) 

for particulate matter less than 10 

microns in diameter (PM10). The SIP 

submission includes an amended statute 


khammond on DSKJM1Z7X2PROD with PROPOSALS