[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Proposed Rules]
[Pages 22378-22380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07474]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0400; FRL-10007-36-Region 7]
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 December 3, 2018, and supplemented by letter on
May 22, 2019. Missouri requests that the EPA remove from its SIP a rule
related to control of emissions from bakery ovens in the Kansas City,
Missouri area. This rescission does not have an adverse effect on air
quality. 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 May 22, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0400 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. Background
IV. What is the EPA's analysis of Missouri's SIP revision request?
V. Have the requirements for approval of a SIP revision been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0400 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) 10-2.360, Control of Emissions from Bakery Ovens, from
the Missouri SIP.
According to the May 22, 2019, letter from the Missouri Department
of Natural Resources, available in the docket for this proposed action,
Missouri rescinded 10 CSR 10-2.360, Control of Emissions from Bakery
Ovens because the only source subject to the
[[Page 22379]]
rule ceased operations in 2001. The state asserts in their submission
to the Agency that this rule is no longer necessary for attainment and
maintenance of the 1979, 1997, or 2008 National Ambient Air Quality
Standards (NAAQS) for Ozone.
III. Background
The EPA established a 1-hour ozone NAAQS in 1971. 36 FR 8186 (April
30, 1971). On March 3, 1978, the EPA designated Clay, Platte and
Jackson counties (hereinafter referred to in this document as the
``Kansas City Area'') in nonattainment of the 1971 1-hour ozone
NAAQS,\1\ as required by the CAA Amendments of 1977. 43 FR 8962 (March
3, 1978). On February 8, 1979, the EPA revised the 1-hour ozone NAAQS,
referred to as the 1979 ozone NAAQS. 44 FR 8202 (February 8, 1979). On
February 20, 1985, the EPA notified Missouri that the SIP was
substantially inadequate (hereinafter referred to as the ``SIP Call'')
to attain the 1-hour ozone NAAQS in the Kansas City Area. See 50 FR
26198 (July 25, 1985).
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\1\ Missouri's May 22, 2019 letter incorrectly states that the
Kansas City area was designated as a nonattainment area for the 1979
ozone NAAQS in 1978.
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To address the SIP Call, Missouri submitted an attainment
demonstration on May 21, 1986, and volatile organic compound (VOC)
control regulations on December 18, 1987. See 54 FR 10322 (March 13,
1989) and 54 FR 46232 (November 2, 1989). The EPA subsequently approved
the revised control strategy for the Kansas City Area. Id. The EPA
redesignated the Kansas City Area to attainment of the 1979 1-hour
ozone standard on July 23, 1992. 57 FR 27939 (June 23, 1992). Pursuant
to section 175A of the CAA, the first 10-year maintenance period for
the 1-hour ozone standard began on July 23, 1992, the effective date of
the redesignation approval.
Following the 1992 redesignation, a large uncontrolled commercial
bakery located in Kansas City was identified by the state of Missouri.
Since bakery operations emit significant amounts of ethanol, which is a
VOC, Missouri developed a regulation based on EPA's Alternative Control
Technology (ACT) \2\ document which is designed to provide states with
background information to assist them in developing RACT rules for this
source category. Unlike a control technique guideline (CTG) document,
however, the Bakery Oven ACT does not identify a presumptive norm for
RACT. An achievable control level is identified, and states are given
the flexibility to select control strategies. 10 Code of State
Regulation (CSR) 10-2.360, Control of Emissions from Bakery Ovens was
proposed June 6, 1995, and became effective in Missouri on November 30,
1995. The State submitted the rule as a SIP revision March 6, 1996. The
EPA proposed to approve the SIP revision. 61 FR 40591 (August 5, 1996).
As required by CAA section 172(b)(2), the rule was approved into the
Missouri SIP. 63 FR 38755 (July 20, 1998).
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\2\ https://www3.epa.gov/airquality/ctg_act/199212_voc_epa453_r-92-017_bakery_ovens.pdf.
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As noted, 10 CSR 10-2.360, Control of Emissions from Bakery Ovens,
was approved into the Missouri SIP as a RACT rule on July 20, 1998. 63
FR 38755 (July 20, 1998). At the time that the rule was approved into
the SIP, 10 CSR 10-2.360 applied to new or modified or existing
commercial bakeries whose potential emissions of VOCs are greater than
one hundred (100) tons per year (tpy) in Clay, Jackson and Platte
Counties in Missouri.
By letter dated December 3, 2018, Missouri requested that the EPA
remove 10 CSR 10-2.360 from the SIP. Section 110(l) of the CAA
prohibits 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. On May
22, 2019, the state supplemented its SIP revision with a letter in
order to address the requirements of section 110(l) of the CAA.
IV. What is the EPA's analysis of Missouri's SIP revision request?
In its May 22, 2019 letter, Missouri states that it intended its
RACT rules, such as 10 CSR 10-2.360, to solely apply to existing
sources in accordance with section 172(c)(1) of the CAA \3\. Missouri
clarified that although the applicability section of 10 CSR 10-2.360
states that the rule applies to new and existing installations (located
within the Clay, Jackson and Platte Counties), the rule applied to a
single existing source, the Wonder Bread factory in Kansas City,
Missouri. This assertion is confirmed in the State Implementation Plan
record in which the EPA approved this rule into the SIP in 1998.\4\
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\3\ The EPA agrees with Missouri's interpretation of CAA Section
172(c)(1) in regards to whether RACT is required for existing
sources, but also notes that the State regulation establishing RACT
may apply to new sources as well, dependent upon the State
regulation's language.
\4\ https://www.govinfo.gov/content/pkg/FR-1998-07-20/html/98-19134.htm.
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Missouri, in its May 22, 2019 letter, indicates that the Wonder
Bread factory in Kansas City, Missouri ceased operations in 2001 and
the emitting equipment was subsequently decommissioned. The EPA has
confirmed that the facility was completely dismantled and is no longer
operating.
As stated above, Missouri clarified that 10 CSR 10-2.360 may be
removed from the SIP because section 172(c)(1) of the CAA requires RACT
for existing sources, and because 10 CSR 10-2.360 was applicable to a
single source that has permanently ceased operations and therefore the
rule no longer reduces VOC emissions. Because the Wonder Bread factory
in Kansas City, Missouri was the only source that was subject to the
rule, and because the facility has been shut-down and dismantled and
since 2001 no new bakery oven facilities have commenced operation in
the area since Missouri developed this rule, the EPA is proposing to
find that the rule no longer provides an emission reduction benefit to
the Kansas City Area and is proposing to remove it from the SIP.
Missouri's May 22, 2019 letter states that any new sources or major
modifications of existing sources are subject to new source review
(NSR) permitting. Under NSR, a new major source or major modification
of an existing source with a (potential to emit) PTE of 250 tons per
year (tpy) or more of any NAAQS pollutant is required to obtain a
Prevention of Significant Deterioration (PSD) permit when the area is
in attainment or unclassifiable, which requires an analysis of Best
Available Control Technology (BACT) in addition to an air quality
analysis and an additional impacts analysis. Sources with a PTE greater
than 100 tpy, but less than 250 tpy, are required to obtain a minor
permit in accordance with Missouri's New Source Review permitting
program, which is approved into the SIP.\5\ The EPA agrees with this
analysis.
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\5\ EPA's latest approval of Missouri's NSR permitting program
rule was published in the Federal Register on October 11, 2016. 81
FR 70025.
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Missouri's May 22, 2019, letter also includes information
concerning ozone air quality in the Kansas City area from 1996 through
2018 that indicates a downward trend in monitored ozone design values.
Missouri states that despite promulgation of more stringent ozone NAAQS
in 1997, 2008 and 2015, the Kansas City area continues to monitor
attainment. The EPA has confirmed that certified ambient air quality
data for Kansas City Area as monitored at the Rocky Creek, Clay County
State and local air monitoring station is compliant with the most
recent ozone standard--the 2015 ozone
[[Page 22380]]
NAAQS.\6\ The 2016-2018 design value for that monitor is 70 parts per
million.\7\
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\6\ In accordance 40 CFR part 50.19(b), the 2015 8-hour primary
O3 NAAQS is met at an ambient air quality monitoring site
when 3-year average of the annual fourth-highest daily maximum 8-
hour average O3 concentration is less than or equal to
0.070 ppm, as determined in accordance with appendix U to 40 CFR
part 50.
\7\ The monitoring data was reported, quality assured, and
certified in accordance with the requirements set forth in 40 CFR
part 58.
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Because Missouri has demonstrated that removal of 10 CSR 10-2.360
will not interfere with attainment of the NAAQS, Reasonable Further
Progress (RRF) \8\ or any other applicable requirement of the CAA
because the single source subject to the rule has permanently ceased
operations and removal of the rule will not cause VOC emissions to
increase, and any new source would be required to go through the
appropriate permitting process that is protective of the NAAQS, the EPA
proposes to approve removal of 10 CSR 10-2.360 from the SIP.
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\8\ RFP is not applicable to the Kansas City Area because the
area is in attainment of all applicable ozone standards.
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V. 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 February 28,
2018, to April 5, 2018 and held a public hearing on March 29, 2018.
Missouri received five 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 May
22, 2019 letter addressed the EPA's comments. In addition, the revision
meets the substantive SIP requirements of the CAA, including section
110 and implementing regulations.
VI. What action is the EPA taking?
The EPA is proposing to approve Missouri's request to rescind 10
CSR 2.360 from the SIP because the rule applied to a single source that
has permanently ceased operations. Any new sources or major
modifications of existing sources in the Kansas City Area are subject
to NSR permitting. Additionally, the maintenance period for the 1979
ozone NAAQS for the Kansas City Area ended in 2014 and the area
continues to monitor attainment of the 2015 Ozone NAAQS. 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.
VII. Incorporation by Reference
In this document, the EPA is proposing to amend regulatory text
that includes incorporation by reference. As described in the proposed
amendments to 40 CFR part 52 set forth below, 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.
VIII. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: April 3, 2020.
Edward Chu,
Acting 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 ``10-2.360'' under the heading ``Chapter 2-Air Quality
Standards and Air Pollution Control Regulations for the Kansas City
Metropolitan Area''.
[FR Doc. 2020-07474 Filed 4-21-20; 8:45 am]
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