[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Proposed Rules]
[Pages 39638-39641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17207]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R04-OAR-2018-0296; FRL-9982-02--Region 4]


Air Plan and Operating Permit Program Approval: AL, GA and SC; 
Revisions to Public Notice Provisions in Permitting Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of State Implementation Plan (SIP) revisions and the 
Title V Operating Permit Program revisions submitted on May 19, 2017, 
by the State of Alabama, through the Alabama Department of 
Environmental Management (ADEM); submitted on November 29, 2017, by the 
State of Georgia, through the Georgia Environmental Protection Division 
(Georgia EPD); and submitted on September 5, 2017, by the State of 
South Carolina, through the South Carolina Department of Health and 
Environmental Control (SC DHEC). These revisions address 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 or Act) 
that remove the mandatory requirement to provide public notice of a 
draft air permit in a newspaper and that 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: Written comments must be received on or before September 10, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0296 at http://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 you wish to make. EPA will 
generally not consider comments or comment

[[Page 39639]]

content 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Kelly Fortin of the Air Permitting 
Section, Air Planning and Implementation Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Fortin 
can be reached by telephone at (404) 562-9117 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

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 
revisions 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, such as the 
Alabama, Georgia, and South Carolina EPA-approved programs. Permitting 
authorities are not required to adopt e-notice. Nothing in the final 
rules prevents a permitting authority of 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. When e-notice is provided, EPA's rule requires 
electronic access (e-access) to the draft permit. Generally, state and 
local agencies intend 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 EPA-approved programs, 
the rule requires the permitting authority to use ``a consistent 
noticing method'' for all permit notices under the specific permitting 
program.
    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 access 
to permit-related documents. A full description of the e-notice and e-
access provisions are contained in EPA's October 18, 2016 (81 FR 
71613), publication.

II. Analysis of Alabama's E-Notice Rule Revisions

    Chapter 335-3-14, Air Permits; Chapter 335-3-15, Synthetic Minor 
Operating Permits; and Chapter 335-3-16, Major Source Operating 
Permits, were revised to incorporate EPA's amendments to the federal 
public notice regulations discussed above. Specifically, ADEM revised 
335-3-14-.01(7) (General Provisions), -.04(16) (Prevention of 
Significant Deterioration Permitting; Public Participation), -.04(19) 
(Prevention of Significant Deterioration Permitting; Permit 
Rescission), -.05(16) (Air Permits Authorizing Construction in or near 
Non-Attainment Areas; Public Participation), -.06(3)(e) (Public 
Participation for permitting involving maximum achievable control 
technology determinations), -15-.05 (Synthetic Minor Operating Permits; 
Public Participation), and -16-.15(4) (Major Source Operating Permits; 
Public Participation). ADEM's regulations were the subject of a public 
hearing on March 8, 2017, were adopted on April 21, 2017, and became 
effective on June 9, 2017. Based on a review of these proposed 
revisions, EPA has preliminarily determined that they meet the 
requirements of the revised federal e-notice provisions. ADEM's revised 
rules require that for all draft permits for potential major NSR, Title 
V, and synthetic minor sources, all public notices, a copy of all 
materials submitted by the applicant, the preliminary determination, 
and a link to the draft permit will be posted on the Department's 
website for the duration of the public comment period.
    Chapters 335-3-14 (Air Permits) and 335-3-15 (Synthetic Minor 
Operating Permits) are SIP elements and the public notice revisions to 
these SIP-approved rules are proposed to be incorporated into the 
Alabama SIP, which also applies to permits issued by Jefferson County 
Department of Health and the City of Huntsville, Alabama.\1\ Chapter 
335-3-16 (Major Source Operating Permits) is part of ADEM's EPA-
approved Title V Operating Permit program, which is not part of the 
Alabama SIP.\2\ EPA is proposing to approve these Title V program 
revisions pursuant to 40 CFR 70.4. Jefferson County Department of 
Health and the City of Huntsville, Alabama, have Title V operating 
permit programs that were originally approved by EPA separately from 
ADEM's Title V Operating Permit program, as these local programs have 
authority under Alabama State law to develop local regulations that 
ensure applicants are required, at a minimum, to satisfy the 
requirements of State law. Hence, EPA will take separate action on the 
revisions to the Jefferson County Department of Health and City of 
Huntsville, Alabama, Title V programs upon receipt of their respective 
submittals.
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    \1\ EPA is not proposing to act on the portion of Alabama's May 
19, 2017 SIP revision regarding 335-3-14-.06 because that rule is 
not part of the federally-approved Alabama SIP.
    \2\ EPA fully approved Alabama's Title V Operating Permit 
program on October 29, 2001 (66 FR 54444).
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III. Analysis of Georgia's E-Notice Rule Revisions

    Rule 391-3-1-.02(7)(a)1, Prevention of Significant Deterioration of 
Air Quality, and Rule 391-3-1-.03(10), Title V Operating Permits, of 
Georgia's Rules for Air Quality Control, Chapter 391-3-1, were revised 
to incorporate EPA's amendments to the federal public notice 
regulations, as discussed above. Georgia EPD's revisions were the 
subject of a public hearing on May 9, 2017, were adopted on June 28, 
2017, and became effective on July 20, 2017. Based on a review of the 
proposed revisions, EPA has preliminarily determined that Georgia EPD's 
provisions for the PSD and Title V Operating Permit programs meet the 
requirements of the revised federal e-notice provisions at 40 CFR 
51.166 and 40 CFR 70.7.
    Rule 391-3-1-.02(7)(a)1, Prevention of Significant Deterioration of 
Air Quality is a required SIP element and, hence, the revision to this 
SIP-approved rule is proposed to be incorporated into the Georgia SIP. 
Georgia EPD's SIP-approved PSD rules incorporate by reference the 
public participation requirements of 40 CFR 52.21(q). In this revision, 
Georgia EPD updated the incorporation by reference date to include 
EPA's October 18, 2016, promulgation of the e-notice revisions. These 
provisions require both e-notice and e-access.
    Rule 391-3-1-.03(10), Title V Operating Permits, of Georgia's Rules 
for Air Quality Control is part of Georgia's EPA-approved Title V 
Operating Permit program, which is not part of the Georgia SIP.\3\ 
Georgia EPD's Title V program incorporates by reference public 
participation

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requirements of the federal provisions at 40 CFR 70.7(h). In this 
revision, Georgia EPD updated the incorporation by reference date to 
include EPA's October 18, 2016, promulgation of the e-notice revisions, 
which allow for either electronic notice or newspaper notice, and 
require that the State use a consistent noticing method. The Georgia 
Air Quality Act, however, requires newspaper notice upon receipt of a 
complete application for a Title V permit or Title V permit 
modification. See O.C.G.A. Sec.  12-9-9. Until such time that 
requirement is lifted, Georgia EPD will continue to publish both a 
newspaper notice and electronic notice, and will inform the public and 
EPA when Georgia EPD intends to move to electronic notices only. EPA is 
proposing to approve the public notice revision to Georgia's EPA-
approved Title V Operating Permit program.\4\
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    \3\ EPA fully approved Georgia's Title V Operating Permit 
program on June 8, 2000 (65 FR 36358).
    \4\ In its November 29, 2017, submittal, GA EPD also sought to 
revise its EPA-approved Title V Operating Permit program to ``exempt 
fire pumps from permitting and to specify fire pumps as an 
insignificant activity for the purposes of Title V.'' EPA is not 
proposing to act on this proposed revision at this time.
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IV. Analysis of South Carolina's E-Notice Rule Revisions

    Regulation 61-62.5, Standard No. 7, Prevention of Significant 
Deterioration, and Regulation 61-62.70, Title V Operating Permit 
Program of the South Carolina Air Pollution Control Regulations and 
Standards, were revised to incorporate EPA's amendments to the federal 
public notice regulations discussed above. Specifically, SC DHEC 
revised Regulation 61-62.5, Standard No. 7 at Sections (q) and (w)(4) 
and Regulation 61-62.70 at Section 7(h). SC DHEC's regulations were the 
subject of a public hearing on August 10, 2017, and were adopted and 
became effective on August 25, 2017.
    SC DHEC's revisions add language allowing the Department to use e-
notice and requiring e-access if e-notice is used as the consistent 
noticing method. Based on a review of the proposed revisions, EPA has 
preliminarily determined that SC DHEC's revisions meet the requirements 
of the revised federal e-notice provisions. SC DHEC's revised rules 
require that for all proposed PSD and Title V permits, the Department 
will use a ``consistent noticing method.'' SC DHEC has indicated that 
they intend to use a public website identified by the Department as 
their consistent noticing method.\5\
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    \5\ See Letter from Myra C. Reese, SC DHEC, to Trey Glenn, EPA 
(Sept. 1, 2017) transmitting the SIP revisions and Title V permit 
revisions received by EPA on September 5, 2017. This letter is 
included in the docket for this proposed action.
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    Regulation 61-62.5, Standard No. 7, Prevention of Significant 
Deterioration is a required SIP element and, hence, the public notice 
revisions to this SIP-approved rule are proposed to be incorporated 
into the South Carolina SIP. Regulation 61-62.70, Title V Operating 
Permit Program is part of South Carolina's EPA-approved Title V 
Operating Permit program, which is not part of the South Carolina SIP, 
and the public notice revisions are therefore being proposed for 
approval pursuant to 40 CFR 70.4.\6\
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    \6\ EPA fully approved South Carolina's Title V Operating Permit 
program on June 26, 1995 (60 FR 32913).
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V. 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 the following provisions that all address the public notice 
requirements for CAA permitting: Alabama Chapter 335-3-14, ``Air 
Permits'' at 335-3-14-.01, -.04, -.05 and -.06 and Chapter 335-3-15 
``Synthetic Minor Operating Permits'' at 335-3-15-.05 effective 
December June 9, 2017; Georgia Rule 391-3-1-.02, ``Prevention of 
Significant Deterioration of Air Quality'' at 391-3-1-.02(7)(a)1, 
effective July 20, 2017; and South Carolina Regulation 61-62.5, 
Standard No. 7, ``Prevention of Significant Deterioration'' at Sections 
(q) and (w)(4), effective August 25, 2017. EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

VI. Proposed Action

    EPA is proposing to approve the portions of Alabama's May 19, 2017, 
Georgia's November 29, 2017, and South Carolina's September 5, 2017, 
SIP and Title V program revisions addressing the public notice 
requirements for CAA permitting. EPA has preliminarily concluded that 
the States' submissions meet the plan revisions requirements of CAA 
section 110 and the SIP requirements of 40 CFR 51.161, 51.165, and 
51.166, as well as the public notice and revisions requirements of 40 
CFR 70.4 and 70.7.

VII. Statutory and Executive Order Reviews

    In reviewing SIP and Title V submissions, EPA's role is to approve 
such submissions, provided that they meet the criteria of the CAA and 
EPA's implementing regulations. These actions merely propose to approve 
state law as meeting Federal requirements and do not impose additional 
requirements beyond those imposed by state law. For that reason, these 
proposed actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because the actions are not significant under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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).
The SIPs subject to these proposed actions, with the exception of the 
South Carolina SIP, are 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

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country, the proposed rules regarding SIPs do not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), nor will they impose substantial direct costs on 
tribal governments or preempt tribal law. With respect to the South 
Carolina SIP, EPA notes that the Catawba Indian Nation Reservation is 
located within the boundary of York County, South Carolina, and 
pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 
27-16-120, ``all state and local environmental laws and regulations 
apply to the Catawba Indian Nation and Reservation and are fully 
enforceable by all relevant state and local agencies and authorities.'' 
Thus, the South Carolina SIP applies to the Catawba Reservation; 
however, because the proposed action related to South Carolina is 
merely modifying public notice provisions for certain types of air 
permits issued by SC DHEC, EPA has preliminarily determined that there 
are no substantial direct effects on the Catawba Indian Nation. EPA has 
also preliminarily determined that the proposed action related to South 
Carolina's SIP will not impose any substantial direct costs on tribal 
governments or preempt tribal law.
    Furthermore, the proposed rules regarding Title V Operating Permit 
programs do not have tribal implications because they are not approved 
to apply to any source of air pollution over which an Indian Tribe has 
jurisdiction, nor will these proposed rules impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating Permits, 
Reporting and recordkeeping requirements.

    Dated: July 31, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-17207 Filed 8-9-18; 8:45 am]
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