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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules Dated: March 16, 2021.
John P. Nadeau Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
FR Doc. 202106482 Filed 33021; 8:45 am BILLING CODE 911004P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200554; FRL10021
57Region 3

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality Standard Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve a state implementation plan SIP revision formally submitted by the Delaware Department of Natural Resources and Environmental Control DNREC. Under the Clean Air Act CAA, a states SIP
must include an emission statement regulation that requires stationary sources in ozone nonattainment areas classified as marginal or above to report annual emissions of nitrogen oxides NOX and volatile organic compounds VOC. This SIP revision provides Delawares certification that its existing emissions statement program satisfies the emissions statement requirements of the CAA for the 2015 ozone national ambient air quality standard NAAQS.
EPA is proposing to approve Delawares emissions statement program certification for the 2015 ozone NAAQS
as a SIP revision in accordance with the requirements of the CAA.
DATES: Written comments must be received on or before April 30, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR03
OAR20200554 at https
www.regulations.gov, or via email to Gordon.Mike@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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
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SUMMARY:

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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 contents located outside of the primary submission i.e.
on the web, cloud, or other file sharing system. For additional submission methods, please contact the person identified in the FOR FUTHER
INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Implementation Branch 3AD30, Air &
Radiation Division, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is 215
8142053. Ms. Nichols can also be reached via electronic mail at Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background Under the CAA, EPA establishes NAAQS for criteria pollutants in order to protect human health and the environment. In response to scientific evidence linking ozone exposure to adverse health effects, EPA promulgated the first ozone NAAQS, the 0.12 part per million ppm 1-hour ozone NAAQS, in 1979. See 44 FR 8202 February 8, 1979. The CAA requires EPA to review and reevaluate the NAAQS every five years in order to consider updated information regarding the effects of the criteria pollutants on human health and the environment. On July 18, 1997, EPA
promulgated a revised ozone NAAQS, referred to as the 1997 ozone NAAQS, of 0.08 ppm averaged over eight hours.
62 FR 38856. This 8-hour ozone NAAQS
was determined to be more protective of public health than the previous 1979
1-hour ozone NAAQS. In 2008, EPA
strengthened the 8-hour ozone NAAQS
from 0.08 to 0.075 ppm. See 73 FR
16436 March 27, 2008. In 2015, EPA
further lowered the 8-hour ozone NAAQS from 0.075 ppm to 0.070 ppm.
The 0.070 ppm standard is referred to as the 2015 ozone NAAQS. See 80 FR
65452 October 26, 2015.
On June 4, 2018 and July 25, 2018, EPA designated nonattainment areas for the 2015 ozone NAAQS. 83 FR 25776
and 83 FR 35136. Effective August 3, 2018 83 FR 25776, June 4, 2018, New Castle County, Delaware, was
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designated as marginal nonattainment for the 2015 ozone NAAQS. New Castle County was designated as part of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 2015 ozone NAAQS
nonattainment area, which includes the following counties: New Castle in Delaware; Cecil in Maryland; Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean, and Salem in New Jersey; and Bucks, Chester, Delaware, Montgomery, and Philadelphia in Pennsylvania. See 40
CFR 81.308, 81.321, 81.331, and 81.339.
Delawares Kent and Sussex Counties were designated as attainment areas for the same 2015 Ozone NAAQS. See 40
CFR 81.308.
Section 182 of the CAA identifies plan submissions and requirements for ozone nonattainment areas. Specifically, CAA section 182a3B requires that states develop and submit, as a revision to their SIP, rules which establish annual emission reporting requirements for certain stationary sources. Sources that are within ozone nonattainment areas must annually report the actual emissions of NOX and VOC to the state.
However, states may waive this requirement for sources that emit under 25 tons per year tpy of NOX or VOC
if the state provides an inventory of emissions from such class or category of sources as required by CAA sections 172
and 182. See CAA section 182a3Bii.
EPA published guidance on source emissions statements in a July 1992
memorandum titled, Guidance on the Implementation of an Emission Statement Program 1 and in a March 14, 2006 memorandum titled, Emission Statement Requirements Under 8-hour Ozone NAAQS Implementation 2006
memorandum.2 In addition, on December 6, 2018, EPA issued a final rule addressing a range of nonattainment area SIP requirements for the 2015 ozone NAAQS, including the emission statement requirements of CAA section 182a3B 2018 final rule. 83 FR 62998, codified at 40 CFR
part 51, subpart CC. The 2006
memorandum clarified that the emissions statement requirement of CAA section 182a3B was applicable to all areas designated nonattainment 1 July 1992 memorandum titled, Guidance on the Implementation of an Emission Statement Program is available online at https
www.epa.gov/sites/production/files/2015-09/
documents/emission_statement_program_
zypdf.pdf. Docket ID: EPAR03QAR20200554.
2 March 14, 2006 memorandum titled, Emission Statement Requirements Under 8-hour Ozone NAAQS Implementation is available online at https www.epa.gov/sites/production/files/201507/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPAR03OAR20200554.

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