[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43695-43697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14653]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0400; FRL-10011-87-Region 7]


Air Plan Approval; Missouri; Removal of Control of Emissions From 
Bakery Ovens

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the 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 a rule related to control of emissions from bakery ovens in the 
Kansas City, Missouri area from its SIP. This removal does not have an 
adverse effect on air quality. The EPA's approval of this rule revision 
is in accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on August 19, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0400. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

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 stone.william@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving the removal of 10 Code of State Regulation 
(CSR) 10-2.360, Control of Emissions from Bakery Ovens, from the 
Missouri SIP.
    As explained in detail in the EPA's proposed rule, Missouri has 
demonstrated that removal of 10 CSR 10-2.360 will not interfere with 
attainment of the NAAQS, reasonable further progress \1\ 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. 85 FR 22378, April 22, 2020. 
Therefore, the EPA is finalizing its proposal to remove 10 CSR 10-2.360 
from the SIP.
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    \1\ Reasonable further progress is not applicable to the Kansas 
City Area because the area is in attainment of all applicable ozone 
standards.
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II. 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 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.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened April 
22, 2020, the date of its publication in the Federal Register and 
closed on May 22, 2020. During this period, the EPA received four 
comments. Three of the comments were not adverse and do not require a 
response from the EPA. The remaining comment is addressed in this 
document.
    Comment: The commenter stated that they did not support this action 
because industrial cooking produces significant amounts of black carbon 
or soot and indoor air pollution, referring to cooking

[[Page 43696]]

over open fires or on inefficient cookstoves. The commenter also 
requested that a comprehensive study should be conducted for each 
existing bakery in the Kansas City Area that is currently operating 
under Missouri's SIP rule 10 CSR 2.360 before any deregulation. The 
commenter also stated that the rule should be changed to apply only to 
existing bakeries and to exclude any overlap with the NSR permitting 
program.
    Response: The regulation being rescinded applies to commercial 
bakery ovens, not cookstoves. Commercial bakery ovens differ from 
cookstoves in important ways. Simple cookstoves burn solid fuels such 
as coal, wood, and animal dung.\2\ These cookstoves emit large amounts 
of pollutants, including particulate matter (PM), carbon monoxide (CO), 
metals, hydrocarbons, oxygenated organic compounds, and chlorinated 
organic compounds, depending on fuel and stove types.
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    \2\ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3673244/.
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    By contrast, commercial bakery ovens burn gaseous fuels like 
natural gas.\3\ The primary pollutant produced in the commercial bakery 
process is VOC's from the yeast metabolism and emitted when the dough 
is exposed to the high temperatures of the bakery oven. The emissions 
are vented outdoors often through elevated stacks.
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    \3\ https://www3.epa.gov/airquality/ctg_act/199212_voc_epa453_r-92-017_bakery_ovens.pdf.
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    This rule only controlled VOC emissions from commercial bakery 
ovens and does not impact emissions from cookstoves.
    The commenter requests a study of other bakeries in the Kansas City 
Area operating under 10 CSR 10-2.360. As we stated in the proposal, the 
only source that was subject to the rule, has been shut down since 2001 
and was dismantled. No new commercial bakery oven facilities have 
commenced operation in the area since Missouri developed this rule. As 
stated in the proposal, air quality in the Kansas City area has also 
steadily improved. The air monitoring data for the area can be found at 
https://www.epa.gov/air-trends/air-quality-design-values.
    The commenter proposes that the rule should be changed to only 
apply to existing sources so that there is no overlap with NSR 
permitting. As stated in the proposal and above, there are no sources 
currently subject to the rule. New sources and existing sources who 
meet certain criteria when modifying their facility are subject to NSR 
permitting. The NSR rules are contained in a separate portion of the 
Clean Air Act and work together with RACT rules, such as this one, to 
ensure the air quality goals of the Clean Air Act are met.

IV. What action is the EPA taking?

    The EPA is taking final action to approve Missouri's request to 
remove 10 CSR 10-2.360 from the SIP.

V. Incorporation by Reference

    In this document, the EPA is amending regulatory text that includes 
incorporation by reference. As described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Regulation from the Missouri State Implementation 
Plan, which is incorporated by reference in accordance with the 
requirements of 1 CFR part 51.

VI. 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, 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 24, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Reporting and recordkeeping

[[Page 43697]]

requirements, Volatile organic compounds.

    Dated: July 1, 2020.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 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, amend the table in paragraph (c) 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. 2020-14653 Filed 7-17-20; 8:45 am]
BILLING CODE 6560-50-P


