[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Proposed Rules]
[Pages 27048-27050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09468]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2022-0382; FRL-9767-01-R7]
Air Plan Approval; Missouri; Removal of Control of Emissions From
Bakery Ovens
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by the
State of Missouri on January 15, 2019 and supplemented by letter on
July 11, 2019. Missouri requests that the EPA remove from its SIP a
rule related to control of emissions from bakery ovens in St. Louis
City and Jefferson, St. Charles, Franklin, and St. Louis Counties. The
EPA's proposed approval of this rule revision is in accordance with the
requirements of the Clean Air Act (CAA).
DATES: Comments must be received on or before June 6, 2022.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0382 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: William Stone, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7714; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. What is the EPA's analysis of missouri's SIP revision request?
IV. Have the requirements for approval of a SIP revision been met?
V. What Action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2022-
0382, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from 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.
II. What is being addressed in this document?
The EPA is proposing to approve the removal of 10 Code of State
Regulation (CSR) 10-5.440, Control of Emissions From Bakery Ovens, from
the Missouri SIP.
Section 110(l) of the CAA prohibits the EPA from approving a SIP
revision that interferes with any applicable requirement concerning
attainment and reasonable further progress (RFP), or any other
applicable requirement of the CAA. The State supplemented its SIP
revision with a July 11, 2019 letter in order to address the
requirements of section 110(l) of the CAA.
III. What is the EPA's analysis of Missouri's SIP revision request?
According to the January 15, 2019, letter from the Missouri
Department of Natural Resources (MoDNR), available in the docket for
this proposed action, Missouri rescinded 10 CSR 10-5.440, Control of
Emissions from Bakery Ovens because the only source subject to the rule
ceased operations in 2012. The state asserts in their submission to the
Agency that this rule is no longer necessary for controlling emissions
of volatile organic compounds (VOC's) because there are no existing
sources subject to the rule and new sources would be controlled by
other rules.
[[Page 27049]]
In its supplemental submission dated July 11, 2019, MoDNR notes
that the purpose of 10 CSR 10-5.440, Control of Emissions From Bakery
Ovens, was to reduce VOC emissions from bakery ovens located in the St.
Louis nonattainment area, which at the time of promulgation (state
effective Date: December 30, 1996), included the City of St. Louis and
the counties of Franklin, Jefferson, St. Charles, and St. Louis
(hereinafter referred to in this document as the ``St. Louis
Area'').\1\ The rule applied to new or existing commercial bakeries
with potential VOC emissions greater than 100 tons per year (tpy).
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\1\ These counties were previously designated for nonattainment
for ozone for the 1979, 1997 and 2008 standards. They are currently
designated attainment for each of those standards.
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MoDNR stated that following rescission of this rule, any new source
is required to meet New Source Review (NSR) in attainment or
attainment/unclassifiable areas, and for nonattainment areas,
Nonattainment New Source Review (NANSR) in the St. Louis Area.
EPA agrees that in the St. Louis nonattainment area for the 2015
ozone standard, which includes St. Louis City and the counties of
Franklin (partial; Boles Township), Jefferson, St. Charles, and St.
Louis, any new sources or major modifications of existing sources are
subject to NANSR permitting.\2\ Under NANSR, a new major source or
major modification of an existing source with a PTE of 100 tpy or more
of any NAAQS pollutant is required to obtain a NANSR permit when the
area is in nonattainment, which requires an analysis of Lowest
Achievable Emission Rate (LAER) in addition to an air quality analysis,
an additional impacts analysis and emission offsets. LAER is defined in
Sec. 51.165(a)(1)(xiii), in pertinent part, ``. . . for any source,
the more stringent rate of emissions based on the following: (A) The
most stringent emissions limitation which is contained in the
implementation plan of any State for such class or category of
stationary source, unless the owner or operator of the proposed
stationary source demonstrates that such limitations are not
achievable; or (B) The most stringent emissions limitation which is
achieved in practice by such class or category of stationary sources.
This limitation, when applied to a modification, means the lowest
achievable emissions rate for the new or modified emissions units
within or stationary source. In no event shall the application of the
term permit a proposed new or modified stationary source to emit any
pollutant in excess of the amount allowable under an applicable new
source standard of performance.'' \3\
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\2\ https://www.federalregister.gov/documents/2021/06/14/2021-11454/revised-air-quality-designations-for-the-2015-ozone-national-ambient-air-quality-standards.
\3\ https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-51/subpart-I.
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Therefore, any new bakery oven that would have been subject to 10
CSR 10-5.440, in the St. Louis ozone Nonattainment Area, will be
subject to NANSR permitting which would result in a LAER limit at least
as stringent as the limit in this rule in addition to the requirement
to offset the emissions.
In the rest of Franklin County (the portions that do not include
Boles Township), any new sources or major modifications of existing
sources are subject to NSR permitting. Under NSR, for attainment or
attainment/unclassifiable areas, a new major source or major
modification of an existing source with a potential to emit (PTE) of
250 tpy or more of any NAAQS pollutant is required to obtain a
Prevention of Significant Deterioration (PSD) permit. Sources with a
PTE greater than 100 tpy of VOC's, but less than 250 tpy, are required
to obtain a minor permit in accordance with Missouri's NSR permitting
program, which is approved into the SIP.\4\ In the Final Area
Designations for the 2015 Ozone National Ambient Air Quality Standards
(NAAQS) Technical Support Document (TSD) EPA observes that emissions
from sources outside Boles Township are relatively low, with levels
less than the more densely populated City of St. Louis and five other
counties in the area of analysis.\5\ As noted in the TSD, there are no
other large sources of VOC or NOx in Franklin County, outside of Boles
Township, which remains a nonattainment area and therefore subject to
NANSR permitting. Therefore, EPA believes that any newly permitted NSR
or minor NSR bakery ovens in Franklin County would have little to no
impact on the St. Louis Area ozone levels.
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\4\ EPA's latest approval of Missouri's NSR permitting program
rule was published in the Federal Register on October 11, 2016. 81
FR 70025.
\5\ https://www.epa.gov/sites/default/files/2021-05/documents/st._louis_mo-il_tsd_remand_final.pdf.
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Therefore, EPA agrees with the State that approving this SIP
revision will not have an adverse impact on air quality because the
only source subject to the rule has permanently shutdown and new
sources would be subject to NANSR, NSR and minor NSR in the St. Louis
Area. As stated above, new bakery ovens with a PTE of 100 tpy or more
of VOC's would be very well controlled in all areas where 10 CSR 10-
5.440 previously applied.
Further, the rescission of this rule from the SIP will have no
impact on any approved maintenance plan. On September 20, 2018, the EPA
redesignated the St. Louis, Missouri area to attainment of the 2008
ozone NAAQS. In the state's maintenance plan submittal for this
standard, this rule was not relied upon. The EPA agrees with this
analysis.
For these reasons, EPA proposes to determine that the SIP revision
submission meets the substantive requirements of the CAA, including
section 110 and implementing regulations.
EPA is proposing to approve this SIP revision.
IV. Have the requirements for approval of a SIP revision been met?
The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from May 15, 2018 to
August 2, 2018 and received 11 comments from the EPA. Missouri received
11 comments from the EPA that related to Missouri's lack of an adequate
demonstration that the rule could be removed from the SIP in accordance
with section 110(l) of the CAA. Missouri's July 11, 2019 letter
addressed the EPA's comments. In addition, as explained above, the
revision meets the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
V. What action is the EPA taking?
The EPA is proposing to approve Missouri's request to rescind 10
CSR 10-5.440 from the SIP because the rule applied to a single source
that has permanently ceased operations and it therefore no longer
serves to reduce emissions in the St. Louis Area. Furthermore, any new
sources or major modifications of existing sources in the St. Louis
Area are subject to NSR permitting.\6\ We are processing this as a
proposed action because we are soliciting comments on this proposed
action. Final rulemaking will occur after consideration of any
comments.
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\6\ ``NSR Permitting'' includes PSD permitting in areas
designated attainment and unclassifiable, NANSR in areas designated
nonattainment and minor source permitting.
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VI. Incorporation by Reference
In this document, the EPA is proposing to amend regulatory text
that
[[Page 27050]]
includes incorporation by reference. As described in Sections II, III,
and V of this preamble and set forth below in the proposed amendments
to 40 CFR part 52, the EPA is proposing to remove provisions of the
EPA-Approved Missouri Regulations from the Missouri State
Implementation Plan, which is incorporated by reference in accordance
with the requirements of 1 CFR part 51.
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the 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);
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.
Dated: April 27, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
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.
Subpart AA--Missouri
Sec. 52.1320 [Amended]
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by removing
the entry ``10-5.440'' under the heading ``Chapter 5--Air Quality
Standards and Air Pollution Control Regulations for the St. Louis
Metropolitan Area''.
[FR Doc. 2022-09468 Filed 5-5-22; 8:45 am]
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