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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules
for the 1997 ozone NAAQS and classified as marginal or above under subpart 2, part D, title I of the CAA. Per EPAs 2018 final rule, the emissions statement requirement also applies to all areas designated nonattainment for the 2015 ozone NAAQS. 83 FR 62998, 63023 December 6, 2018.
According to the preamble to EPAs 2018 final rule, most areas that are required to have an emissions statement program for the 2015 ozone NAAQS
already have one in place due to a nonattainment designation for an earlier ozone NAAQS. 83 FR 62998, 63001
December 6, 2018. EPAs 2018 final rule states that, Many air agencies already have regulations in place to address certain nonattainment area planning requirements due to nonattainment designations for a prior ozone NAAQS. Air agencies should review any existing regulation that was previously approved by the EPA to determine whether it is sufficient to
fulfill obligations triggered by the revised ozone NAAQS. Id. In cases where an existing emissions statement rule is still adequate to meet the emissions statement requirement under the 2015 ozone NAAQS, states may provide the rationale for that determination to EPA in a written statement for approval into the SIP to meet the requirements of CAA section 182a3B. 83 FR 62998, 63002
December 6, 2018. In this statement, states should identify how the emissions statement requirements of CAA section 182a3B are met by their existing emissions statement rule.
Id. In summary, Delaware can submit, as a formal revision to its SIP, a statement certifying that the States existing emissions statement program satisfies the requirements of CAA section 182a3B and covers the States portion of the Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE

nonattainment area for the 2015 ozone NAAQS.
II. Summary of SIP Revision and EPA
Analysis On August 3, 2020, Delaware, through DNREC, submitted as a formal SIP
revision, a statement certifying that Delawares existing SIP-approved emissions statement program satisfies the emissions statements requirements for the 2015 ozone NAAQS and is at least as stringent as the requirements of CAA section 182a3B. The provisions that implement Delawares emissions statements program are under 7 DE Administrative Code 1117 Section 7.0 Emission Statement and were approved by EPA into the Delaware SIP
on April 29, 1996 61 FR 7415, February 28, 1996. See 40 CFR 52.420c. Table 1 summarizes Delawares emissions statements provisions and the corresponding CAA section 182a3B
requirements.

TABLE 1DELAWARE EMISSIONS STATEMENTS PROVISIONS AND CAA SECTION 182A3B REQUIREMENTS
CAA Section 182a3B 3 requirement
7 DE Administrative Code 1117 Section 7.0 requirement
182a3BiFor marginal nonattainment areas, the State shall submit a SIP revision to require that the owner or operator of each stationary source of NOX or VOC provide the State with a statement for classes or categories of sources showing the actual emissions of NOX and VOC from that source.

7 DE Admin Code 1117 Section 7.1Emissions statements requirements apply to all stationary sources located in an ozone nonattainment area that emit NOX or VOC. This would include marginal and above non-attainment areas.

182a3BiEmissions statements are required to be submitted annually.

182a3BiEmissions statements shall contain a certification that the information contained in the statement is accurate to the best knowledge of the individual certifying the statement.

182a3BiiThe State may waive the requirements for emissions statements for any class or category of stationary sources which emit less than 25 tpy of NOX or VOC if the State provides an inventory of emissions from such class or category of sources as required by CAA section 172 and 182.

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EPAs review of Delawares submittal finds Delawares existing, SIP-approved 3 Section 182 of the CAA sets out a graduated control program for ozone nonattainment areas.
Section 182a sets out requirements applicable in marginal ozone nonattainment areas, which are also applicable by sections 182 b, c, d, and e to all other ozone nonattainment areas. See 2015
memorandum titled Emission Statement Requirement Under 8-hour Ozone NAAQS
Implementation, available online at https
www.epa.gov/sites/production/files/2015-07/
documents/8hourozone_naaqs_031406.pdf, Docket ID: EPAR03OAR20200554.

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7 DE Admin Code 1117 Section 7.2Emissions statements are required to include the following information: Source identification information, operating data, actual emissions data, control equipment information, and process rate information.
7 DE Admin Code 1117 Section 7.3subject sources must submit to DNREC their annual emissions statements by April 30 for the preceding calendar year. DNREC may require more frequent emissions statements if required by EPA or if more frequent analysis of data is necessary to implement the requirements of Title 7, Chapter 60. Environmental Control of the Delaware Code 7 Del.C. Chapter 60.
7 DE Admin Code 1117 Section 7.2Each emissions statement shall include a certification of the data to ensure that the information contained in the statement is accurate to the best knowledge of the individual certifying the statement, who shall be an official of the facility and will take legal responsibility for the emissions statements accuracy.
7 DE Admin Code 1117 Section 7.1DNREC may, with EPA approval, waive the emissions statements requirements for classes or categories of stationary sources with facility-wide actual emissions of less than 25 tpy of NOX or VOCs if the class or category is included in the base year and periodic ozone SIP emission inventories.

emissions statement provisions under 7
DE Administrative Code 1117 Section 7.0 satisfy the emission statement requirements of CAA section 182a3B for stationary sources located in marginal or above nonattainment areas in Delaware, including such sources in New Castle County, for the 2015 ozone NAAQS.
Pursuant to CAA section 182a3Bi, Delaware must require annual emissions statements from stationary sources of NOX or VOC located in marginal
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nonattainment areas. These emissions statements must be certified by an official of the facility. As shown in Table 1, 7 DE Administrative Code 1117
Section 7.1 requires that all stationary sources of NOX and VOC located in an ozone nonattainment area submit emissions statements to DNREC, except for those with actual emissions of less than 25 tpy of NOX or VOC as permitted by CAA section 182a3B. EPA finds Section 7.1 satisfies the requirements of CAA section 182a3Bi as it requires
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