Rule2022-15745
EPA-R07-OAR-2022-0382; FRL-9767-02-R7]
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 26, 2022
Effective
August 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 142 (Tuesday, July 26, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#f88b8c97969dd68f919494919995b89d8899d69f978e"><span class="__cf_email__" data-cfemail="afdcdbc0c1ca81d8c6c3c3c6cec2efcadfce81c8c0d9">[email protected]</span></a>.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>
[[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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
<bullet> 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).
<bullet> 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).
<bullet> 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).
<bullet> 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
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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]
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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
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