Approval and Promulgation of Implementation Plans; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 007-1007; FRL-5547-4]

Approval and Promulgation of Implementation Plans; State of

Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve new Missouri rule 10 CSR 10-

2.360, ``Emission Restrictions for Bakeries,'' as a revision to the

Missouri State Implementation Plan (SIP). This rule restricts volatile

organic compound (VOC) emissions from large commercial bakery

operations in the Kansas City area.

DATES: Comments must be received on or before September 4, 1996.

ADDRESSES: Comments may be mailed to Mr. Joshua A. Tapp, Environmental

Protection Agency, Air Branch, 726 Minnesota Avenue, Kansas City,

Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Mr. Joshua A. Tapp at (913) 551-7606.

SUPPLEMENTARY INFORMATION: The Clean Air Act requires states to apply

reasonably available control technology (RACT) to major sources

(sources emitting greater than 100 tons per year) of VOCs to reduce

such emissions in ozone nonattainment areas. RACT is defined as the

lowest emissions limit that a particular source is capable of meeting

by the application of control technology that is both reasonably

available, as well as technologically and economically feasible.

Kansas City was designated as an ozone nonattainment area in 1978.

The Missouri Department of Natural Resources (MDNR) submitted a Part D

ozone attainment SIP in 1979. This SIP was fully approved by the EPA;

however, violations of the ozone national ambient air quality standards

were recorded after the attainment date, causing the EPA to notify

Kansas and Missouri that the Kansas City SIP was substantially

inadequate to meet the standard in February 1985 (50 FR 26198, June 25,

1985). The effect of the SIP call, as stated in the EPA guidance dated

January 1984 entitled ``Guidance Document for the Correction of Part D

SIPs for Nonattainment Areas,'' and the November 24, 1987, ``Post-1987

Policy,'' is that Kansas City and other such areas were required to

have RACT in place for all major sources, whether or not they belonged

to a control technique guideline (CTG) source category.

Kansas City was redesignated to attainment on June 23, 1992, with

the assumption that all existing major sources had RACT controls.

Recently, MDNR discovered a large, uncontrolled commercial bakery

located in Kansas City. Since bakery operations emit significant

amounts of ethanol, which is a VOC, this source should have been

addressed prior to redesignation.

The EPA recently developed an Alternative Control Technology (ACT)

document which is designed to provide states with background

information to assist them in developing RACT rules for this source

category. This ACT document examines the baking process and the

feasibility of various VOC control strategies. Unlike a CTG document,

however, this document does not identify a presumptive norm for RACT.

An achievable control level is identified, and states are given the

flexibility to select controls strategies.

Region VII has determined that Missouri rule 10 CSR 10-2.360 meets

Federal requirements for RACT for commercial bakeries because it

requires achievable control levels consistent with the EPA's ACT

document. Specifically, Missouri's rule requires a minimum of 80

percent VOC destruction and contains provisions addressing compliance

determinations and recordkeeping.

EPA ACTION

The EPA is proposing to approve rule 10 CSR 10-2.360 as a revision

to the Missouri SIP.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors, and in relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act, 5. U.S.C. 600 et seq., the

EPA must prepare a regulatory flexibility analysis assessing the impact

of any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, the EPA may

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certify that the rule will not have a significant impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and government entities

with jurisdiction over populations of less than 50,000.

SIP approvals under section 110 and subchapter I, Part D of the

Clean Air Act (CAA) do not create any new requirements, but simply

approve requirements that the state is already imposing. Therefore,

because the Federal SIP approval does not impose any new requirements,

the EPA certifies that it does not have a significant impact on any

small entities affected. Moreover, due to the nature of the Federal-

state relationship under the CAA, preparation of a regulatory

flexibility analysis would constitute Federal inquiry into the economic

reasonableness of state action. The CAA forbids the EPA to base its

actions concerning SIPs on such grounds (Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2)).

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget has exempted

this regulatory action from E.O. 12866 review.

Unfunded Mandates

Under sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, the EPA must undertake various actions in association with

proposed or final rules that include a Federal mandate that may result

in estimated costs of $100 million or more to the private sector, or to

state, local, or tribal governments in the aggregate.

Through submission of this SIP revision, the state and any affected

local governments have elected to adopt the program provided for under

section 110 of the CAA. These rules may bind state and local

governments to perform certain actions and also require the private

sector to perform certain duties. To the extent that the rules being

proposed for approval by this action will impose new requirements,

sources are already subject to these regulations under state law.

Accordingly, no additional costs to state or local governments, or to

the private sector, result from this action. The EPA has also

determined that this proposed action does not include a mandate that

may result in estimated costs of $100 million or more to state or local

governments in the aggregate or to the private sector. The EPA has

determined that these rules result in no additional costs to tribal

governments.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Ozone, Reporting and recordkeeping requirements, Volatile organic

compounds.

Authority: 42 U.S.C. 7401-7671q.

Dated: July 17, 1996.

Dennis Grams,

Regional Administrator.

[FR Doc. 96-19843 Filed 8-2-96; 8:45 am]

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