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Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations the computations under paragraph b2ii of this section.
5 Where the Level I Wage or Level IV Wage provided under paragraphs b2iiiC1 through 3 of this section exceeds the Level I Wage or Level IV Wage provided under paragraph b2ii of this section in a given period, the Level I Wage or Level IV Wage for that period shall be the wage provided under paragraph b2ii of this section, and the Level II
Wage and Level III Wage for that period shall be adjusted by applying the formulae provided in paragraphs b2iiB and C of this section.
D Where a Level IV Wage provided under paragraph b2iii of this section cannot be computed due to wage values exceeding the uppermost interval of the OES wage interval methodology, the OFLC Administrator shall determine the Level IV Wage using the current hourly wage rate applicable to the highest OES wage interval for the specific occupation and geographic area or the arithmetic mean of the wages of all workers for the most specific occupation and geographic area available, whichever is highest.
iv The OFLC Administrator will publish, at least once in each calendar year, on a date to be determined by the OFLC Administrator, the prevailing wage levels under paragraphs b2ii and iii of this section as a notice posted on the OFLC website.
3 If the employer provides a survey acceptable under paragraph g of this section, the prevailing wage for labor certification purposes shall be the arithmetic mean of the wages of workers similarly employed in the area of intended employment. If an otherwise acceptable survey provides a median and does not provide an arithmetic mean, the prevailing wage applicable to the employers job opportunity shall be the median of the wages of workers similarly employed in the area of intended employment.

Suzan G. LeVine, Principal Deputy Assistant Secretary for Employment and Training, Labor.
FR Doc. 202110084 Filed 51221; 8:45 am BILLING CODE 4510FPP

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20210069; FRL10023
62Region 3

Air Plan Approval; Delaware;
Nonattainment New Source Review Requirements for 2015 8-Hour Ozone National Ambient Air Quality Standard Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

The Environmental Protection Agency EPA is approving a state implementation plan SIP revision submitted by the Delaware Department of Natural Resources and Environmental Control DNREC. The revision fulfills Delawares nonattainment new source review NNSR SIP element requirement for the 2015 8-hour ozone National Ambient Air Quality Standard NAAQS. EPA is approving these revisions to the Delaware SIP in accordance with the requirements of the Clean Air Act CAA.
DATES: This final rule is effective on June 14, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPAR03OAR20210069. All documents in the docket are listed on the https www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., 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 through https
www.regulations.gov, or please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Amy Johansen, Permits Branch 3AD10, Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is 215 8142156.
Ms. Johansen can also be reached via electronic mail at johansen.amy@
epa.gov.
SUMMARY:

SUPPLEMENTARY INFORMATION:

I. Background On March 24, 2021 86 FR 15634, EPA published a notice of proposed rulemaking NPRM for the State of
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Delaware. In the NPRM, EPA proposed approval of Delawares certification that its existing NNSR program, covering the Delaware portion of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE Philadelphia Area nonattainment area which includes New Castle County for the 2015 8-hour ozone NAAQS, is at least as stringent as the requirements at 40 Code of Federal Regulations CFR 51.165, as amended by the final rule titled Implementation of the 2015 National Ambient Air Quality Standards for Ozone:
Nonattainment Area State Implementation Plan Requirements SIP Requirements Rule, for ozone and its precursors. See 83 FR 62998
December 6, 2018. The formal SIP
revision was submitted by Delaware on August 3, 2020.
II. Summary of SIP Revision and EPA
Analysis Delawares SIP approved NNSR
program, established in Title 7 Delaware Administrative Code DE Admin Code 1125 Requirements for Preconstruction Review, applies to the construction and modification of major stationary sources in nonattainment areas. In its August 3, 2020 SIP revision, Delaware certifies that the version of Title 7 DE Admin Code Section 1125 approved in the SIP
is at least as stringent as the Federal NNSR requirements for the Philadelphia Area.1 EPA last approved Delawares major NNSR program as being consistent with Federal NNSR
requirements on August 12, 2019. 84 FR
39758 August 12, 2019. In that action, EPA approved DNRECs 2008 Ozone Certification SIP revision for NNSR.
Delaware has chosen not to include certain optional NNSR provisions that EPA could approve, pertaining to emissions change of VOC in extreme nonattainment areas and emission reduction credits. Delawares choice not to include these provisions does not affect EPAs determination regarding the approvability of its August 3, 2020
submittal, and they were not discussed in this rule.2
1 On October 20, 2016, EPA disapproved a proposed SIP revision that sought to include additional ERC provisions, adopted by Delaware on December 11, 2016, into the Delaware SIP, specifically, 7 DE Admin Code 1125 Sections 2.5.5
and 2.5.6. 81 FR 72529. Since EPA disapproved these provisions, the previously approved provisions that EPA approved into Delawares SIP
on October 2, 2012 remain applicable Federal requirements. 77 FR 60053.
2 DNREC provided information regarding antibacksliding in its August 3, 2020 SIP submittal to EPA, which was not a requirement of EPAs 2015
Ozone SIP Requirements Rule. See 83 FR 62998
December 6, 2018. EPA noted in the 2015 Ozone SIP Requirements Rule that it would address anti-

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