[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Rules and Regulations]
[Pages 44277-44278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15745]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52


EPA-R07-OAR-2022-0382; FRL-9767-02-R7]

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) for 
the State of Missouri. This final action will amend the SIP to remove 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 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 25, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2022-0382. 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: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to 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. What action is the EPA taking?
IV. Incorporation by Reference
V. 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) 10-5.440, 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 10-5.440 will not 
interfere with attainment of the NAAQS, reasonable further progress, or 
any other applicable requirement of the CAA 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 (87 FR 
27048, May 6, 2022). The public comment period on the EPA's proposed 
rule opened May 6, 2022, the date of its publication in the Federal 
Register and closed on June 6, 2022. During this period, the EPA 
received no comments. Therefore, the EPA is finalizing its proposal to 
remove 10 CSR 10-5.440 from the Missouri SIP.

II. Have the requirements for approval of a SIP revision been met?

    The State's 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's July 
11, 2019 letter addressed the EPA's comments. The SIP revision meets 
the substantive SIP requirements of the Clean Air Act (CAA), including 
section 110 and implementing regulations.

III. What action is the EPA taking?

    The EPA is taking final action to approve Missouri's request to 
remove 10 CSR 10-5.440 from the SIP.

IV. Incorporation by Reference

    In this document, the EPA is deleting rules which were previously 
incorporated by reference from the applicable Missouri SIP. In 
accordance with requirements of 1 CFR 51.5, the EPA is deleting certain 
Missouri rules as described in Section I. of this preamble. The EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov

[[Page 44278]]

and at the EPA Region 7 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. 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);
     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).
     In addition, the SIP is not approved to apply on any 
Indian reservation land or in any other area where the 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).
     This action is subject to the Congressional Review Act, 
and the EPA will submit a rule report to each House of the Congress and 
to the Comptroller General of the United States. 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 September 26, 2022. 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, Ozone, Volatile organic compounds.

    Dated: July 18, 2022.
Meghan A. McCollister,
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, 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''.

[FR Doc. 2022-15745 Filed 7-25-22; 8:45 am]
BILLING CODE 6560-50-P


