Air Plan Approval; Delaware; Nonattainment New Source Review Requirements for 2015 8-Hour Ozone National Ambient Air Quality Standard, 15634-15636 [2021-05759]
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15634
Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Proposed Rules
prospective live donor to donate a solid
organ, part of a solid organ, or bone
marrow.
(2) During removal of a solid organ,
part of a solid organ, or bone marrow,
VA will provide the surgical procedure
to remove a solid organ, part of a solid
organ, or bone marrow from the living
donor whose solid organ, part of a solid
organ, or bone marrow will be
transplanted into an intended recipient.
(3) After removal of a solid organ or
part of a solid organ, VA will provide
all hospital care, medical services, and
other services which are necessary and
appropriate to live donor follow-up as
defined in paragraph (b) of this section
for a period not less than that which the
Organ Procurement and Transplantation
Network prescribes or recommends or
for a period of 2 years, whichever is
greater.
(4) After bone marrow removal, VA
will provide direct medical care
required to address reasonably
foreseeable live donor health
complications resulting directly from
the bone marrow donation procedure for
a period not greater than 2 years.
(5) A prospective live donor who is
also a veteran enrolled in VA’s health
care system may receive care and
services authorized in paragraphs (c)(1)
and (c)(2) only under this section. A live
donor who is also a veteran enrolled in
VA’s health care system may opt to
receive the care and services authorized
under paragraph (c)(3) or (c)(4) under
either the medical benefits package
codified at § 17.38 of this part or under
this section, but not both at the same
time.
(d) Non-hospital care and nonmedical services. If VA determines the
prospective live donor’s or the live
donor’s presence or proximity is
necessary, VA will reimburse the travel
costs of the prospective live donor or
live donor, including one needed
attendant or support person, at the rates
provided in § 70.30 of this chapter,
without the deductibles required by
§ 70.31 of this chapter, for:
(1) Travel between the prospective
live donor’s or live donor’s residence
and the site of hospital care or medical
services authorized in paragraph (c) of
this section; and
(2) Temporary lodging:
(i) While the live donor is
hospitalized for the organ removal
procedure; or
(ii) While the prospective live donor’s
or live donor’s participation in the live
donor program requires the prospective
live donor’s or live donor’s presence
away from home at least overnight and
the prospective live donor’s or live
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donor’s presence or proximity is
determined necessary by VA.
(e) Use of non-VA facilities and nonVA service providers. (1) If and only if
VA and a non-VA facility or non-VA
service provider have an agreement
governed by 38 U.S.C. 8153 or any other
applicable authority in title 38, United
States Code, a non-VA facility may
provide—
(i) A surgical procedure and care and
services described in paragraph (c) of
this section; or
(ii) Non-hospital care or non-medical
services described and otherwise
reimbursable under paragraph (d) of this
section.
(2) The prospective live donor or live
donor is eligible for hospital care and
medical services, or travel services, at a
non-VA facility solely for the procedure,
care, and services described in
paragraphs (c) and (d) of this section as
governed by an agreement described in
paragraph (e)(1) of this section.
(f) Participation terminated without
completion of the intended recipient’s
transplantation procedure.
(1) VA will provide the prospective
live donor or live donor the care and
services described in this section for any
VA-authorized participation in the
intended recipient’s organ or bone
marrow transplantation process even if
the transplantation procedure for which
the prospective live donor or live donor
volunteered to donate a solid organ, part
of a solid organ, or bone marrow is not
completed.
(2) A prospective live donor or a live
donor may withdraw his or her
informed consent at any time and for
any reason. In the case of revocation of
consent, VA will pay all the costs
authorized under this section for the
prospective live donor or live donor up
until when the donor revokes consent
and ends his or her participation.
(g) Limitation on VA obligation in
kidney paired donations. In kidney
paired donations, VA’s obligation to
provide any procedure, care, or services
under this section extends:
(1) To the initial prospective live
donor who elects to participate in a
kidney paired donation matching
program, but only for the examinations,
tests, and studies described in
paragraph (c)(1) of this section for a
prospective live donor before kidney
removal.
(2) To the live donor whose kidney
the intended recipient will receive or
has received but only for the services
described in paragraphs (c)(2) and (c)(3).
[FR Doc. 2021–05682 Filed 3–23–21; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0069; FRL–10021–
35–Region 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: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Delaware Department
of Natural Resources and Environmental
Control (DNREC). This SIP revision will
fulfill Delaware’s nonattainment new
source review (NNSR) SIP element
requirement for the 2015 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before April 23, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2021–0069 at https://
www.regulations.gov, or via email to
Opila.MaryCate@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
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 FURTHER
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:
Amy Johansen, Permits Branch (3AD10),
SUMMARY:
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Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2156.
Ms. Johansen can also be reached via
electronic mail at Johansen.Amy@
epa.gov.
On August
3, 2020, DNREC submitted on behalf of
the state of Delaware a formal SIP
revision, requesting EPA’s approval of
its NNSR Certification for the 2015 8hour ozone NAAQS. Delaware is
certifying that its existing NNSR
program, covering the Delaware portion
of the Philadelphia-Wilmington-Atlantic
City, PA–NJ–MD–DE (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).
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with PROPOSALS
I. Background
On October 1, 2015, EPA promulgated
a revised 8-hour ozone NAAQS of 0.070
parts per million (ppm). 80 FR 65292
(October 26, 2015). Under EPA’s
regulations at 40 CFR 50.19, the 2015 8hour ozone NAAQS is attained when
the three-year average of the annual
fourth-highest daily maximum 8-hour
average ambient air quality ozone
concentration is less than or equal to
0.070 ppm.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. The Philadelphia
Area was classified as marginal
nonattainment for the 2015 8-hour
ozone NAAQS on June 4, 2018 (effective
August 3, 2018) using 2014–2016
ambient air quality data. 83 FR 25776.
On December 6, 2018, EPA issued the
final SIP Requirements Rule, which
establishes the requirements that state,
tribal, and local air quality management
agencies must meet as they develop
implementation plans for areas where
air quality exceeds the 2015 8-hour
ozone NAAQS. 83 FR 62998 (December
6, 2018). Areas that were designated as
marginal ozone nonattainment areas are
required to attain the 2015 8-hour ozone
NAAQS no later than August 3, 2021. 40
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CFR 51.1303 and 83 FR 10376 (March
9, 2018).
Based on initial nonattainment
designations for the 2015 8-hour ozone
NAAQS, as well as the December 6,
2018 final SIP Requirements Rule,
Delaware was required to develop a SIP
revision addressing specific CAA
requirements for the Philadelphia Area,
and submit to EPA a NNSR Certification
SIP or SIP revision no later than 36
months after the effective date of area
designations for the 2015 8-hour ozone
NAAQS (i.e., August 3, 2021). See 83 FR
62998 (December 6, 2018). In this
action, EPA is only proposing to
approve Delaware’s August 3, 2020
NNSR Certification SIP revision.1 EPA’s
analysis of how this SIP revision
addresses the NNSR requirements for
the 2015 8-hour ozone NAAQS is
provided in Section II of this
rulemaking action.
15635
II. Summary of SIP Revision and EPA
Analysis
This rulemaking is specific to
Delaware’s NNSR requirements. NNSR
is a preconstruction review permit
program that applies to new major
stationary sources or major
modifications at existing sources located
in a nonattainment area.2 The specific
NNSR requirements for the ozone
NAAQS are codified at 40 CFR 51.160–
165.
The minimum SIP requirements for
NNSR permitting programs for the 2015
8-hour ozone NAAQS are set forth in 40
CFR 51.165. These NNSR program
requirements include those promulgated
in the ‘‘Phase 2 Rule’’ implementing the
1997 8-hour ozone NAAQS (70 FR
71611 (November 29, 2005)), the 2008
Ozone NAAQS SIP implementation
Rule (80 FR 12264, March 6, 2015) and
the 2015 SIP Requirements Rule (83 FR
62998, December 6, 2018). Under the
Phase 2 Rule, the SIP for each ozone
nonattainment area must contain NNSR
provisions that: Set major source
thresholds for oxides of nitrogen (NOX)
and volatile organic compounds (VOC)
pursuant to 40 CFR
51.165(a)(1)(iv)(A)(1) and (2); classify
physical changes as a major source if the
change would constitute a major source
by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); consider any
significant net emissions increase of
NOX as a significant net emissions
increase for ozone pursuant to 40 CFR
51.165(a)(1)(v)(E); consider certain
increases of VOC emissions in extreme
ozone nonattainment areas as a
significant net emissions increase and a
major modification for ozone pursuant
to 40 CFR 51.165(a)(1)(v)(F); set
significant emissions rates for VOC and
NOX as ozone precursors pursuant to 40
CFR 51.165(a)(1)(x)(A)–(C) and (E);
contain provisions for emissions
reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1)–(2); provide that
the requirements applicable to VOC also
apply to NOX pursuant to 40 CFR
51.165(a)(8); and set offset ratios for
VOC and NOX pursuant to 40 CFR
51.165(a)(9).
Delaware’s 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.3 EPA last approved Delaware’s
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 DNREC’s 2008 Ozone
Certification SIP revision, which is
analogous to EPA’s proposed approval
of this action. Since EPA’s August 12,
2019 approval, DNREC has made one
change to its regulations (related to
EPA’s modeling guidance), which EPA
approved into DNREC’s SIP on May 1,
2020. 85 FR 25307. Approval of that
action, which revised Prevention of
Significant Deterioration (PSD)
provisions, does not impact DNREC’s
certification or EPA’s proposed approval
of DNREC’s August 3, 2020 SIP
submittal.
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. Delaware’s choice not
to include these provisions does not
affect EPA’s determination regarding the
approvability of its August 3, 2020
1 In addition to certifying its NNSR program,
DNREC’s August 3, 2020 SIP submittal contains
information certifying its Emission Statement
Program and requirements for reasonable available
control technology (RACT). While DNREC’s
submittal contains information regarding these
other requirements, each requirement was
submitted as standalone SIP revisions for separate
EPA action.
2 See CAA sections 172(c)(5), 173 and 182.
3 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 Delaware’s SIP
on October 2, 2012 remain applicable Federal
requirements. 77 FR 60053.
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Proposed Rules
submittal, and they will not be
discussed in this rulemaking.4
III. Proposed Action
EPA’s review of this material
indicates that Delaware’s submission
fulfills the 40 CFR 51.1114 revision
requirement, meets the requirements of
CAA sections 110 and 172 and the
minimum SIP requirements of 40 CFR
51.165. EPA is proposing to approve the
Delaware’s SIP revision addressing the
NNSR requirements for the 2015 8-hour
ozone NAAQS for the Philadelphia
Area, which was submitted on August 3,
2020. EPA is soliciting public comments
on the issues discussed in this
document. These comments will be
considered before taking final action.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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 proposed 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);
4 DNREC provided information regarding antibacksliding in its August 3, 2020 SIP submittal to
EPA, which was not a requirement of EPA’s 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 antibacksliding in a future rulemaking action; therefore,
EPA will not be acting on anything related to antibacksliding in this action.
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• 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, this proposed rule,
approving Delaware’s 20015 8-hour
ozone NAAQS Certification SIP revision
for NNSR, does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
State, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
Matter, Transportation, Volatile organic
compounds.
Dated: March 15, 2021
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–05759 Filed 3–23–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 281 and 282
[EPA–R04–UST–2019–0582; FRL–10014–
88–Region 4]
South Carolina: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or Act), the Environmental Protection
Agency (EPA) is proposing to approve
revisions to the underground storage
tank (UST) program submitted by the
State of South Carolina (South Carolina
SUMMARY:
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or State). This action is based on the
EPA’s determination that the State’s
revisions satisfy all requirements for
UST program approval. This action also
proposes to codify South Carolina’s
revised UST program and to incorporate
by reference the State statutes and
regulations that we have determined
meet the requirements for approval.
DATES: Comments on this proposed rule
must be received on or before April 23,
2021.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R04–
UST–2019–0582, by either of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
• Email: singh.ben@epa.gov. Include
the Docket ID No. EPA–R04–UST–2019–
0582 in the subject line of the message.
Instructions: Submit your comments,
identified by Docket ID No. EPA–R04–
UST–2019–0582, via the Federal
eRulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from https://
www.regulations.gov. The 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. The 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, 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.
Out of an abundance of caution for
members of the public and our staff, the
public’s access to the EPA Region 4
Offices is by appointment only to
reduce the risk of transmitting COVID–
19. We encourage the public to submit
comments via https://
www.regulations.gov or via email. The
EPA encourages electronic comment
submittals, but if you are unable to
submit electronically or need other
assistance, please contact Ben Singh, the
contact listed in FOR FURTHER
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Agencies
[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Proposed Rules]
[Pages 15634-15636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05759]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0069; FRL-10021-35-Region 3]
Air Plan Approval; Delaware; Nonattainment New Source Review
Requirements for 2015 8-Hour Ozone National Ambient Air Quality
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Delaware Department of Natural Resources and Environmental Control
(DNREC). This SIP revision will fulfill Delaware's nonattainment new
source review (NNSR) SIP element requirement for the 2015 8-hour ozone
National Ambient Air Quality Standard (NAAQS). This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before April 23, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0069 at https://www.regulations.gov, or via email to
[email protected]. 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
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 FURTHER 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: Amy Johansen, Permits Branch (3AD10),
[[Page 15635]]
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2156. Ms. Johansen can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On August 3, 2020, DNREC submitted on behalf
of the state of Delaware a formal SIP revision, requesting EPA's
approval of its NNSR Certification for the 2015 8-hour ozone NAAQS.
Delaware is certifying that its existing NNSR program, covering the
Delaware portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE (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).
I. Background
On October 1, 2015, EPA promulgated a revised 8-hour ozone NAAQS of
0.070 parts per million (ppm). 80 FR 65292 (October 26, 2015). Under
EPA's regulations at 40 CFR 50.19, the 2015 8-hour ozone NAAQS is
attained when the three-year average of the annual fourth-highest daily
maximum 8-hour average ambient air quality ozone concentration is less
than or equal to 0.070 ppm.
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Philadelphia Area was
classified as marginal nonattainment for the 2015 8-hour ozone NAAQS on
June 4, 2018 (effective August 3, 2018) using 2014-2016 ambient air
quality data. 83 FR 25776. On December 6, 2018, EPA issued the final
SIP Requirements Rule, which establishes the requirements that state,
tribal, and local air quality management agencies must meet as they
develop implementation plans for areas where air quality exceeds the
2015 8-hour ozone NAAQS. 83 FR 62998 (December 6, 2018). Areas that
were designated as marginal ozone nonattainment areas are required to
attain the 2015 8-hour ozone NAAQS no later than August 3, 2021. 40 CFR
51.1303 and 83 FR 10376 (March 9, 2018).
Based on initial nonattainment designations for the 2015 8-hour
ozone NAAQS, as well as the December 6, 2018 final SIP Requirements
Rule, Delaware was required to develop a SIP revision addressing
specific CAA requirements for the Philadelphia Area, and submit to EPA
a NNSR Certification SIP or SIP revision no later than 36 months after
the effective date of area designations for the 2015 8-hour ozone NAAQS
(i.e., August 3, 2021). See 83 FR 62998 (December 6, 2018). In this
action, EPA is only proposing to approve Delaware's August 3, 2020 NNSR
Certification SIP revision.\1\ EPA's analysis of how this SIP revision
addresses the NNSR requirements for the 2015 8-hour ozone NAAQS is
provided in Section II of this rulemaking action.
---------------------------------------------------------------------------
\1\ In addition to certifying its NNSR program, DNREC's August
3, 2020 SIP submittal contains information certifying its Emission
Statement Program and requirements for reasonable available control
technology (RACT). While DNREC's submittal contains information
regarding these other requirements, each requirement was submitted
as standalone SIP revisions for separate EPA action.
---------------------------------------------------------------------------
II. Summary of SIP Revision and EPA Analysis
This rulemaking is specific to Delaware's NNSR requirements. NNSR
is a preconstruction review permit program that applies to new major
stationary sources or major modifications at existing sources located
in a nonattainment area.\2\ The specific NNSR requirements for the
ozone NAAQS are codified at 40 CFR 51.160-165.
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\2\ See CAA sections 172(c)(5), 173 and 182.
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The minimum SIP requirements for NNSR permitting programs for the
2015 8-hour ozone NAAQS are set forth in 40 CFR 51.165. These NNSR
program requirements include those promulgated in the ``Phase 2 Rule''
implementing the 1997 8-hour ozone NAAQS (70 FR 71611 (November 29,
2005)), the 2008 Ozone NAAQS SIP implementation Rule (80 FR 12264,
March 6, 2015) and the 2015 SIP Requirements Rule (83 FR 62998,
December 6, 2018). Under the Phase 2 Rule, the SIP for each ozone
nonattainment area must contain NNSR provisions that: Set major source
thresholds for oxides of nitrogen (NOX) and volatile organic
compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1) and (2);
classify physical changes as a major source if the change would
constitute a major source by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase
of NOX as a significant net emissions increase for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases of
VOC emissions in extreme ozone nonattainment areas as a significant net
emissions increase and a major modification for ozone pursuant to 40
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and
NOX as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2);
provide that the requirements applicable to VOC also apply to
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios
for VOC and NOX pursuant to 40 CFR 51.165(a)(9).
Delaware's 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.\3\ EPA last
approved Delaware's 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 DNREC's 2008 Ozone Certification SIP
revision, which is analogous to EPA's proposed approval of this action.
Since EPA's August 12, 2019 approval, DNREC has made one change to its
regulations (related to EPA's modeling guidance), which EPA approved
into DNREC's SIP on May 1, 2020. 85 FR 25307. Approval of that action,
which revised Prevention of Significant Deterioration (PSD) provisions,
does not impact DNREC's certification or EPA's proposed approval of
DNREC's August 3, 2020 SIP submittal.
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\3\ 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 Delaware's SIP on October 2, 2012 remain
applicable Federal requirements. 77 FR 60053.
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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. Delaware's
choice not to include these provisions does not affect EPA's
determination regarding the approvability of its August 3, 2020
[[Page 15636]]
submittal, and they will not be discussed in this rulemaking.\4\
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\4\ DNREC provided information regarding anti-backsliding in its
August 3, 2020 SIP submittal to EPA, which was not a requirement of
EPA's 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-backsliding in a future rulemaking action;
therefore, EPA will not be acting on anything related to anti-
backsliding in this action.
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III. Proposed Action
EPA's review of this material indicates that Delaware's submission
fulfills the 40 CFR 51.1114 revision requirement, meets the
requirements of CAA sections 110 and 172 and the minimum SIP
requirements of 40 CFR 51.165. EPA is proposing to approve the
Delaware's SIP revision addressing the NNSR requirements for the 2015
8-hour ozone NAAQS for the Philadelphia Area, which was submitted on
August 3, 2020. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.
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 proposed 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);
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, this proposed rule, approving Delaware's 20015 8-hour
ozone NAAQS Certification SIP revision for NNSR, does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the State, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate Matter, Transportation, Volatile organic compounds.
Dated: March 15, 2021
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-05759 Filed 3-23-21; 8:45 am]
BILLING CODE 6560-50-P