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Redline/Strikeout Version of the Proposed CFR Edits for the Electronic Notice 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 requirements.

* * * * *

(i) Public participation requirements. 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 § 51.161 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;

(ii) The draft permit; 
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(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 newspaper 

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 51.166 is amended by revising paragraphs (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 determination. 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 in 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 through
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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 record for the permit and how to request 

and/or attend a public hearing on the permit.

(iv) Distribute (e.g., via email, 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 land 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 notice 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.
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* * * * *

(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 extent that the procedures 

of 40 CFR part 124 do not apply.

* * * * *

(w) * * *

(4) If the Administrator rescinds a permit under this paragraph, the Administratorpublic

shall be given adequatepost a notice of the rescission. Publication of an announcement of 

rescission in a newspaper of general circulation in the affected region determination on a 
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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 paragraphs (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 determination, 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 COA 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.
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(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 agencies 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 affected 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 read 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 usingUntil 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. 
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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 by revising paragraphs (h)(1) and (2) to read as follows:

§ 70.7 Permit issuance, 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 publishing the noticecation in a newspaper of 
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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 website 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 persons 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 useand 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 or 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 held, including a statement of procedures to request a hearing (unless a hearing has already 

been scheduled);.

* * * * *
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PART 71 – FEDERAL OPERATING PERMIT PROGRAMS

12. The authority citation for part 71 continues to read as follows:

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

Subpart A – Operating Permits

13. 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 

FEDERAL 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 any 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 

practicable, post a notice on a public website identified by the Administrator ofpublish 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.
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14. Section 71.11 is amended by revising paragraphs (d)(3)(i) introductory text, (ii), and 

(d)(4)(i)(G) to read as follows:

§ 71.11 Administrative record, 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 of general circulation 

within the area affected by the sourceposting 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 Early Reductions Sources

15. Section 71.27 is amended by revising paragraphs (d)(3)(i) introductory text, (ii), and

(d)(4)(i)(E) to read as follows:

§ 71.27 Public participation and appeal.
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* * * * *

(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 daily or weekly newspaper of general circulation 

within the area affected by the early reductions sourceposting 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 comment 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 DECISIONMAKING
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16. 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

17. Section 124.10 is amended by adding paragraph (c)(2)(iii) to read as follows:

§ 124.10 Public notice of permit actions and public comment period.

* * * * *

(c) * * *

(2) * * *

(iii) 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 paragraph (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 notice of availability of the draft permit for public comment (or the denial of the 
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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.

* * * * *