Page 1 of 13

Redline /Strikeout Version of the Proposed CFR Edits for the E lectronic N otice NPRM

For the reasons stated in the preamble, title 40, chapter I of the Code of Federal Regulations is proposed to be amended as follows : PART 51

– REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL

OF IMPLEMENTATION PLANS 1. The authority citation for part 51 continues to read as follows: Authority: 23 U.S.C. 101; 42 U.S.C. 7401

- 7671q. Subpart I

– Review of New Sources and Modifications 2. Section 51.165 is amended by adding paragraph (i) to read as follows: §51.165 Permit r equirements.

* * * * * (i) Public participation r equirements. The reviewing authority shall notify the public of a draft permit by a method described in either paragraph (i)(1) or (i)(2) of this section. The selected method, known as the “consistent noticing method,” shall comply with the public participation procedural requirements of § 51.16 1 of this chapter and be used for all permits issued under this section and can be supplemented by other methods on individual permits at the discretion of the reviewing authority. (1) Post the information in paragraphs (i)(1)(i) through (iv) of this section, for the duration of the public comment period, on a public website(s) identified by the reviewing authority. (i) A notice of availability of the draft permit for public comment ; (i i) The draft permit;Page 2 of 13

(iii) Information on how to access the record for the permit; and (iv) Information on how to request and/or attend a public hearing on the permit. (2) Publish a notice of availability of the draft permit for public comment in a newspa per of general circulation in the area where the source is located. The notice shall include information on how to access the draft permit and the record for the permit and how to request and/or attend a public hearing on the draft permit

.

3. Section 51.16 6 is amended by revising paragraph s (q)(2) (ii), (iii), (iv), (vi) , and (viii) to

read as follows: § 51.166 Prevention of significant deterioration of air quality.

* * * * * (q ) * * * (2 ) * * * (ii) Make available in at least one location in each region in which the proposed source would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary deter mination. This requirement can be met by making these materials available at a physical location or on a public website identified by the reviewing authority. (iii) Notify the public, by advertisement in a newspaper of general circulation in each region i n which the proposed source would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and of the opportunity for comment through a public hearing and throu ghPage 3 of 13

written public comment. Alternatively, these notifications can be made on a public website identified by the reviewing authority; however, the reviewing authority’s selected notification method ( i.e., either newspaper or website), known as the “consistent noticing method,” shall be used for all permits subject to notice under this section and can be supplemented by other methods on individual permits at the discretion of the reviewing authority . If the reviewing authority selects website notice as its consistent noticing method , the notice shall be available for the duration of the comment period and shall include the notice of public comment , the draft permit, and information on how to access the recor d for the permit and how to request and/or attend a public hearing on the permit. (iv) Distribute ( e.g., via e mail, courier mail, postal service) Send a copy of the notice of public comment to the applicant, the Administrator and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: Any other State or local air pollution control agencies, the chief executives of the city and county where the source would be located; any comprehensive regional l and use planning agency, and any State, Federal Land Manager, or Indian Governing body whose lands may be affected by emissions from the source or modification.

* * * * * (vi) Consider all written comments submitted within a time specified in the n otice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. The reviewing authority shall make all comments available for public inspection in the same physical location ( s ), or the same website(s) , where the reviewing authority made available preconstruction information relating to the proposed

source or modification.Page 4 of 13

* * * * * (viii) Notify the applicant in writing of the final determination and make such

notification available for public inspection at the same location (s) or website(s) where the reviewing authority made available preconstruction information and public comments relating to the proposed source or major modification.

* * * * *

PART 52

– APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

4

. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. Subpart A

– General Provisions

5

. Section 52.21 is amended by revising paragraphs (q) and (w)(4) to read as follows: § 52.21 Prevention of significant deterioration of air quality.

* * * * * (q) Public participation. The administrator shall follow the applicable procedures of 40

CFR part 124 in processing applications under this section. The Administrator shall follow the procedures at 40 CFR 52.21(r) as in effect on June 19, 1979, to the exte nt that the procedures of 40 CFR part 124 do not apply.

* * * * * (w ) * * * (4) If the Administrator rescinds a permit under this paragraph, the Administrator public

shall be given adequate post a notice of the rescission . Publication of an announcement of rescission in a newspaper of general circulation in the affected region determination on aPage 5 of 13

public website identified by the Administrator within 60 days of the rescission shall be considered adequate notice

. * * * * *

PART 55

– OUTER CONTINENTAL SHELF AIR REGULATIONS

6. The authority citation for the part 55 continues to read as follows: Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401, et seq. ) as amended by

Public Law 101

- 549.

7. Section 55.5 is amended by revising paragraph s (f)(1) (i) and (ii) , (2), and (4) to read as

follows: § 55.5 Corresponding onshore area designation.

* * * * * (f ) * * * (1 ) * * * (i ) Make available, in at least one location in the NOA and in the area requesting COA designation, which can be a public website identified by the EPA, a copy of all materials submitted by the requester, a copy of the Administrator's preliminary determinati on, and a copy or summary of other materials, if any, considered by the Administrator in making the preliminary determination; and (ii) Notify the public, by prominent advertisement in a newspaper of general circulation in the NOA and the area requesting C OA designation or on a public website identified by the

EPA , of a 30

- day opportunity for written public comment on the available information and the Administrator’s preliminary COA designation.Page 6 of 13

(2) A copy of the notice required pursuant to paragraph (f)(1)(ii) of this section shall be

sent (or emailed ) to the requester, the affected source, each person from whom a written request of such notice has been received, and the following officials and a gencies having jurisdiction over the COA and NOA: State and local air pollution control agencies, the chief executive of the city and county, the Federal Land Manager of potentially affected Class I areas, and any Indian governing body whose lands may be a ffected by emissions from the

OCS source.

* * * * * (4) The Administrator will make a final COA designation within 60 days after the close of the public comment period. The Administrator will notify, in writing (which includes email) , the requester and each person who has requested notice of the final action and will set

forth the reasons for the determination. Such notification will be made available for public inspection.

8. Section 55.6 is amended by revising paragraph (a)(3) to r ead as follows: § 55.6 Permit requirements. (a ) * * * (3) Administrative procedures and public participation. The Administrator will follow the applicable procedures of 40 CFR part 71 or 40 CFR part 124 in processing applications under this part. When using Until 40 CFR part 124 has been modified to specifically reference permits issued under this part , the Administrator will follow the procedures in part 124 used to issue Prevention of Significant Deterioration (“PSD”) permits.Page 7 of 13

9. Section 55.7 is amended by revising paragraphs (f)(4)(ii) and (iii) to read as follows: § 55. 7 Exemptions

. * * * * * (f ) * * * (4 ) * * * (ii) Make available, in at least one location in the COA and NOA, which can be a public

website identified by the permitting authority, a copy of all materials submitted by the requester, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination. (iii) Notify the public , by prominent advertisement in a newspaper of general circulation

in the COA and NOA or on a public website identified by the permitting authority , of a 30

- day opportunity for written public comment on the information submitted by the owner or operator

and on the preliminary determination.

* * * * *

PART 70

– STATE OPERATING PERMIT PROGRAMS

10. The authority citation for the part 70 continues to read as follows: Authority: 42 U.S.C. 7401, et seq.

11. Section 70.7 is amended b y revising paragraph s (h) ( 1) and (2) to read as follows: § 70.7 Permit i ssuance, renewal, reopenings, and revisions.

* * * * * (h ) * * * (1) Notice shall be given by one of the following methods that is selected by the permitting authority as its “consistent noticing method” : by publi shing the notice cation in a newspaper ofPage 8 of 13

general circulation in the area where the source is located ( or in a State publication designed to give general public notice ) ; to persons on a mailing list developed by the permitting authority, including those who request in writing to be on the list ; or by posting the notice , for the duration of the public comment period, on a public webs ite identified by the permitting authority

. The consistent noticing method shall be used for all permits subject to notice under this paragraph . If website noticing is selected as the consistent noticing method, the draft permit shall also be posted, for the duration of the public comment period, on a public website identified by the permitting authority

. In addition, notice shall be given to per sons on a mailing list developed by the permitting authority, including those who request in writing (via email, web sign up, or other

method ) to be on the list

. The permitting authority shall use and by other means if necessary to assure adequate notice to the affected public ;

. (2) The notice shall identify the affected facility; the name and address of the permittee; the name and address of the permitting authority processing the permit; the activity o r activities involved in the permit action; the emissions change involved in any permit modification; the name, address, and telephone number of a person (or an email or website address) from whom interested persons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials, including those set forth in §70.4(b)(3)(viii) of this part, and all other materials available to the permitting authority (except for otherwise publically available materials and publications) that are relevant to the permit decision; a brief description of the comment procedures required by this part; and the time and place of any hearing that may

be hel d, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) ;

. * * * * *Page 9 of 13

PART 71

– FEDERAL OPERATING PERMIT PROGRAMS

1 2

. The authority citation for part 71 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. Subpart A

– Operating Permits

1 3

. Section 71.4 is amended by revising paragraph (g) to read as follows: § 71.4 Program implementation.

* * * * * (g) Public notice of part 71 programs. In taking action to administer and enforce an operating permits program under this part, the Administrator will publish a notice in the FEDERAL REGISTER informing the public of such action and the effective date of any part 71 program as set forth in §71. 4 (a), (b), (c), or (d)(1)(ii). The publication of this part in the

F EDERAL REGISTER on July 1, 1996 serves as the notice for the part 71 permit programs described in §71.4(d)(1) (i) and (e). The EPA will also publish a notice in the FEDERAL

REGISTER of an y delegation of a portion of the part 71 program to a State, eligible Tribe, or local agency pursuant to the provisions of §71.10. In addition to notices published in the

FEDERAL REGISTER under this paragraph (g), the Administrator will, to the extent

prac ticable, post a notice on a public website identified by the Administrator of publish notice in a newspaper of general circulation within the area subject to the part 71 program effectiveness or delegation, and will send a letter to the Tribal governing body for an Indian Tribe or the Governor (or his or her designee) of the affected area to provide notice of such effectiveness or delegation.Page 10 of 13

1 4

. Section 71.11 is amen ded b y revising paragraphs (d)(3) (i) introductory text , (ii), and (d) (4) (i)(G) to read as follows: § 71.11 Administrative r ecord, public participation, and administrative review.

* * * * * (d) * * * (3) * * * (i) By mailing (or emailing) a copy of a notice to the following persons (any person otherwise entitled to receive notice under paragraph (d) of this section may waive his or her rights to receive notice for any permit): (ii) By publication of a notice in a daily or weekly newspaper o f general circulation within the area affected by the source posting a notice on a public website identified by the permitting authority for the duration of the public comment period

. The notice shall be consistent with paragraph (d)(4)(i ) of this section and be accompanied by a copy of the draft permit

. (4) * * * (i) * * * (G ) The physical location and/or website address of the administrative record, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant are available as part of the administrative record; and

* * * * * Subpart B

– Permits for Ear ly Reductions Sources

1 5

. Section 71.27 is amended by r evising paragraphs (d)(3 ) (i) introductory text, (ii), and (d) (4 ) (i)(E) to read as follows: § 71.27 Public participation and appeal.Page 11 of 13

* * * * * (d) * * * (3) * * * (i) By mailing (or emailing) a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph (d) may waive his or her rights to receive notice for any permit):

* * * * * (ii) By publication of a notice in a dail y or weekly newspaper of general circulation within the area affected by the early reductions source posting a notice of availability and a copy of the draft permit on a public website identified by the permitting authority for the duration of the public co mment period

. * * * * * (4) * * * (i) * * * (E) The physical location and/ or website address of the administrative record, the times at which the record will be open for public inspection , a statement that all data submitted by the applicant are available as part of the administrative record, and the name, address, and telephone number of a person (or an email or website address) from whom interested persons may obtain

additional information, including copies of the draft permit, the application, all relevant supporting materials, and all other materials available to the Administrator that are relevant to the permit decision;

* * * * *

PART 124

– PROCEDURES FOR DECISIONMAK INGPage 12 of 13

1 6

. The authority citation for part 124 continues to read as follows: Authority: Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; Safe Drinking Water Act, 42 U.S.C. 300f et seq.; Clean Water Act, 33 U.S.C. 1251 et seq.; Clean Air Act, 42 U.S.C. 7401 et seq. Subpart A

– General Program Requirements

1 7

. Section 124.10 is amended by adding paragraph (c)(2)(i ii ) to read as follows: § 124.10 Public notice of permit actions and public comment period.

* * * * * (c) * * * (2) * * * (i ii ) For PSD permits: (A) In lieu of the requirement in paragraphs (c)(1)(ix)(B) and (C) of this section regarding soliciting persons for “area lists” and notifying the public of the opportunity to be on a mailing list, the Director may use generally accepted methods ( e.g., hyperlink sign up function or radio button on agency website, sign

- up sheet at public hearing, etc.) that enable interested parties to subscribe to a mailing list. The Director may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Director may delete from the list the name of any person who fails to respond to such a request within a reasonable

timeframe. (B) In lieu of the requirement in paragrap h (c)(2)(i) of this section to publish a notice in a daily or weekly newspaper, the Director shall notify the public by posting the following information, for the duration of the public comment period, on a public website identified by the

Director: a noti ce of availability of the draft permit for public comment (or the denial of thePage 13 of 13

permit application), the draft permit, information on how to access the administrative record, and information on how to request and/or attend a public hearing on the permit. (C) In lieu of the requirement in paragraph (d)(1)(vi) of this section to specify a location of the administrative record, the Director may post the administrative record on a public website identified by the Director.

* * * * *