[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Rules and Regulations]
[Pages 21207-21208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08261]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0467; FRL-10022-84-Region 5]


Air Plan Approval; Illinois; Public Participation in the Permit 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 proposed to approve this action on February 26, 
2021 and received no adverse comments.

DATES: This final rule is effective on May 24, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2020-0467. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility 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. We recommend that you telephone Daniel 
Wolski, Physical Scientist, at 312-886-0557 before visiting the Region 
5 office.

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.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On February 26, 2021, EPA proposed to approve revisions to 
Illinois' public notice for CAA permitting rules contained in Chapter 
35 Illinois Administrative Code (IAC) part 252. See 86 FR 11680. An 
explanation of the CAA requirements, a detailed analysis of the 
revisions, and EPA's reasons for proposing approval were provided in 
the notice of proposed rulemaking (NPRM) and will not be restated here. 
The public comment period for this proposed rule ended on March 29, 
2021. EPA received one supportive comment on the proposal.

II. Final Action

    EPA is approving IEPA's August 27, 2020, SIP program revisions 
addressing public notice requirements for CAA permitting. EPA has 
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 40 CFR 70.7.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Illinois 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. 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). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking of EPA's approval, and will 
be incorporated by reference in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. 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. Accordingly, 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);
     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);

[[Page 21208]]

     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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 21, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2) of the CAA.)

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: April 15, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. In Sec.  52.720, the table in paragraph (c) is amended by revising 
the entries ``252.201'' and ``252.204'' to read as follows:


Sec.  52.720  Identification of plan.

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    (c) * * *

                                 EPA-Approved Illinois Regulations and Statutes
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                                                               State
       Illinois citation              Title/subject       effective date   EPA approval date       Comments
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   Part 252: Public Participation in the Air Pollution Permit Program for Major Sources in Nonattainment Areas
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                                     Subpart B: Procedures for Public Review
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252.201........................  Notice and Opportunity         8/1/2018  4/22/2021, [INSERT
                                  to Comment.                              Federal Register
                                                                           CITATION].
 
                                                  * * * * * * *
252.204........................  Opportunity for Public         8/1/2018  4/22/2021, [INSERT
                                  Hearing.                                 Federal Register
                                                                           CITATION].
 
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[FR Doc. 2021-08261 Filed 4-21-21; 8:45 am]
BILLING CODE 6560-50-P


