[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]



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.


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 

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).

    \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.

    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\

    \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.

    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.

    \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.

    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 
    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 

    \6\ ``NSR Permitting'' includes PSD permitting in areas 
designated attainment and unclassifiable, NANSR in areas designated 
nonattainment and minor source permitting.

VI. Incorporation by Reference

    In this document, the EPA is proposing to amend regulatory text 

[[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:


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]

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]