[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Rules and Regulations]
[Page 32660]
[FR Doc No: 2023-10794]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0332]

Safety Zone; Seafair Air Show Performance, 2023, Seattle, WA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the annual Seafair Air Show
Performance safety zone on Lake Washington, Seattle, WA, from 10 a.m.
until 4 p.m. on August 3, 2023, and from 8 a.m. until 5 p.m. each day
from August 4, 2023, through August 6, 2023. This action is necessary
to prevent injury and to protect life and property of the maritime
public from the hazards associated with the aerial displays. The
regulation prohibits persons and vessels from being in the regulated
areas unless authorized by the Captain of the Port Puget Sound or a
designated representative.

DATES: The regulations in 33 CFR 165.1319 will be enforced from 10 a.m.
until 4 p.m. on August 3, 2023, and from 8 a.m. until 5 p.m. each day
from August 4, 2023, through August 6, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Peter J.
McAndrew, Sector Puget Sound Waterways Management Division, Coast
Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Seafair Air
Show Performance safety zone in 33 CFR 165.1319 from 10 a.m. until 4
p.m. on August 3, 2023, and from 8 a.m. until 5 p.m. each day from
August 4, 2023, through August 6, 2023, unless canceled sooner by the
Captain of the Port. This action is being taken to provide for the
safety of life on navigable waterways during this 4-day event. Our
regulation for marine events within the Thirteenth Coast Guard
District, Sec.  165.1319(b), specifies the location of the regulated
area for the Seafair Air Show performance which encompasses portions of
Lake Washington.
    During the enforcement periods, as reflected in Sec.  165.1319, no
person or vessel may enter or remain in the zone except for support
vessels and support personnel, vessels registered with the event
organizer, or other vessels authorized by the Captain of the Port or
designated representatives. Vessels and persons granted authorization
to enter the safety zone must obey all lawful orders or directions made
by the Captain of the Port or his designated representative.
    The Captain of the Port (COTP) may be assisted by other Federal,
state, and local law enforcement agencies in enforcing this regulation.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners and marine
information broadcasts.
    If the COTP determines that the safety zone need not be enforced
for the full duration stated in this notification of enforcement, he
may use a Broadcast Notice to Mariners to grant general permission to
enter the regulated area.

    Dated: May 16, 2023.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2023-10794 Filed 5-19-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72509-72510]
[FR Doc No: 2023-23216]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4735-DR; Docket ID FEMA-2023-0001]

Tennessee; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Tennessee (FEMA-4735-DR), dated September 4,
2023, and related determinations.

DATES: The declaration was issued September 4, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 4, 2023, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Tennessee resulting from severe storms and straight-line winds
during the period of July 18 to July 21, 2023, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Tennessee.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Yolanda J. Jackson, of FEMA is
appointed to act as the

Federal Coordinating Officer for this major disaster.
    The following areas of the State of Tennessee have been designated
as adversely affected by this major disaster:

    Fayette, Henry, Shelby, and Tipton Counties for Public
Assistance.
    All areas within the State of Tennessee are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-23216 Filed 10-19-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Rules and Regulations]
[Pages 21645-21646]
[FR Doc No: 2021-08464]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0035; Airspace Docket No. 21-AGL-11]
RIN 2120-AA66

Establishment and Revocation of Class E Airspace; North Dakota,
ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes a Class E airspace area extending
upward from 1,200 feet above the surface over the State of North Dakota
and removes the enroute domestic airspace areas at Harvey and Linton,
ND. This action is at the request of Salt Lake Air Route Traffic
Control Center (ARTCC) and Minneapolis ARTCC to simplify and close gaps
in the existing class E airspace extending upward from 1,200 feet above
the surface over the State of North Dakota; provide transitional
airspace to support instrument flight rule (IFR) operations to and from
the terminal and enroute environments within the state; and to improve
air traffic control services over the state of North Dakota.

DATES: Effective 0901 UTC, August 12, 2021. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes a Class E airspace area extending upward from 1,200
feet above the surface over the State of North Dakota and removes the
enroute domestic airspace areas at Harvey Municipal Airport, Harvey,
ND, and Linton Municipal Airport, Linton, ND, which become redundant,
to simplify and close gaps in the class E airspace extending upward
from 1,200 feet above the surface over the State of North Dakota;
provide transitional airspace to support IFR operations to and from the
terminal and enroute environments within the state; and to improve air
traffic services over the state of North Dakota.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register (86 FR 10883; February 23, 2021) for Docket No. FAA-
2021-0035 to establish an enroute domestic airspace area over the State
of North Dakota and remove the enroute domestic airspace areas at
Harvey and Linton, ND. Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 and
6006, respectively, of FAA Order 7400.11E, dated July 21, 2020, and
effective September 15, 2020, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Differences From the NPRM

    Subsequent to publication of the NPRM, the FAA has determined that
the proposed Class E airspace area is more appropriately defined as a
transitional airspace area (Class E airspace area extending upward from
1,200 feet above the surface) vice an enroute domestic airspace area.
Making this change has no effect on the proposed Class E airspace area
and better supports the requirements of the airports in the state of
North Dakota by providing transitional airspace to support IFR
operations to and from the terminal and enroute environments. The only
change to the Class E airspace area that was proposed would be to the
airspace legal description header information, ``AGL ND E6 North
Dakota, ND'' to ``AGL ND E5 North Dakota, ND.'' As this change does not
affect the Class E airspace area as proposed, it is incorporated into
this rule.

The Rule

    This amendment to 14 CFR part 71:
    Establishes Class E airspace area extending upward from 1,200 feet
above the surface over the State of North Dakota;
    And removes the enroute domestic airspace area at Harvey Municipal
Airport, Harvey, ND, and Linton Municipal Airport, Linton, ND, as they
are redundant with the establishment of the Class E airspace area
extending upward from 1,200 feet above the surface over the state.
    This action simplifies and closes gaps in the existing class E
airspace extending upward from 1,200 feet above the surface over the
State of North Dakota; provides transitional airspace to support IFR
operation to and from the terminal and enroute environments within the
state; and to improve air traffic control services over the state of
North Dakota.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL ND E5 North Dakota, ND [New]

    That airspace extending upward from 1,200 feet above the surface
within the boundary of the State of North Dakota.

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AGL ND E6 Harvey, ND [Removed]

AGL ND E6 Linton, ND [Removed]

    Issued in Fort Worth, Texas, on April 20, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-08464 Filed 4-22-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Proposed Rules]
[Pages 70130-70135]
[FR Doc No: 2019-27275]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0669; FRL-10003-32-Region 10]

Air Plan Approval; Washington; Wallula Second 10-Year Maintenance
Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a plan for the Wallula area in Washington State that addresses
the second 10-year maintenance period for particulate matter with an
aerodynamic diameter less than or equal to a nominal 10 micrometers
(PM10). This plan relies upon the control measures contained
in the first 10-year maintenance plan, with revisions to reflect
updated permits and agreements, also proposed for approval in this
action. Lastly, we are proposing to take final agency action on high
wind and wildfire exceptional events associated with the Wallula area.

DATES: Written comments must be received on or before January 21, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0669, at https://www.regulations.gov. Follow the online
instructions for submitting comments. 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.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA. This
supplementary information section is arranged as follows:

Table of Contents

I. Background
II. Requirements of a Maintenance Plan
III. Analysis of Washington's Submission
    A. Attainment Emissions Inventory
    B. Maintenance Demonstration
    C. Monitoring Network
    D. Verification of Continued Attainment
    E. Contingency Provisions

IV. Proposed Actions
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    The Wallula area lies in eastern Washington near the Oregon border
in the southern portion of the Columbia Plateau. The area is comprised
of parts of Walla Walla and Benton Counties and a small portion of
Sacajawea State Park in Franklin County. It is generally rural and
agricultural. Prominent land uses include dryland and irrigated
cropland, industrial sites, and natural vegetation. There is one major
stationary source located in the Wallula area, Boise Paper Wallula Mill
(a division of Packaging Corporation of America), a large pulp and
paper mill and associated compost facility and landfill. There is also
a large beef cattle feedlot, a beef processing plant, a natural gas
compressor station, grain storage silos, and a few other minor sources.
The Wallula area is in the lowest and driest section of eastern
Washington and receives as little as seven to nine inches of
precipitation each year. The surrounding Columbia Plateau is known for
prolonged periods of strong winds which carry dust particles for
hundreds of miles downwind. Wind erosion is a problem throughout the
Columbia Plateau, due to its dry environment, scant vegetation,
unpredictable high winds, and soils which contain substantial
quantities of PM10.
    The Wallula area was designated nonattainment for the 24-hour
PM10 national ambient air quality standards (NAAQS) and
classified as a Moderate area upon enactment of the Clean Air Act
Amendments of 1990 (56 FR 56694, November 6, 1991). The Washington
Department of Ecology (Ecology) submitted a Moderate area attainment
plan for the Wallula area on November 13, 1991, and a Serious area plan
on November 30, 2004. The EPA acted on the plans on January 27, 1997,
and May 2, 2005, respectively (62 FR 3800 and 83 FR 22597). During the
planning process, the EPA determined that the area attained the
PM10 NAAQS based on 1999 through 2001 air quality monitoring
data (67 FR 64815, October 22, 2002).
    As discussed in the EPA's finding of attainment and the state's
attainment plan submissions, windblown dust during high wind events is
a significant contributor to exceedances of the PM10 NAAQS
in the Wallula area. Under the Clean Air Act, specific exceedances due
to natural events, such as unusually high winds, may be discounted or
excluded entirely from decisions regarding an area's air quality status
in appropriate circumstances. From 1996 to 2007, EPA's Natural Events
Policy \1\ governed the process by which states could request exclusion
of monitored values that exceeded the NAAQS due to ``natural events''
in making attainment determinations. As part of the EPA's finding of
attainment for the Wallula area in 2002, the EPA determined that all
exceedances that occurred in 1999 through 2001 qualified as high wind
natural events under the EPA's Natural Events Policy. (67 FR 64815,
October 22, 2002).
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    \1\ See Memorandum from the EPA's Assistant Administrator for
Air and Radiation to EPA Regional Air Directors entitled ``Areas
Affected by Natural Events,'' dated May 30, 1996 (EPA's Natural
Events Policy), in effect at that time.
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    Subsequently, Ecology conducted a final review of high wind natural
events for the area and provided the EPA information in support of the
state's maintenance plan and request to redesignate the Wallula area,
submitted on March 29, 2005. Ecology found that there had been nine
reported PM10 exceedances in the Wallula area since January
1, 1995, and all but one was reasonably attributed to dust raised by
unusually high winds.\2\ The EPA approved the submitted maintenance
plan and redesignation request on August 26, 2005 (70 FR 50212). This
maintenance plan covered the first 10-year period and demonstrated,
after excluding the high wind natural events under EPA's Natural Events
Policy, that the existing control measures approved in the Moderate and
Serious attainment plans were adequate to maintain the PM10
NAAQS.
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    \2\ The one exceedance not attributed to high winds occurred on
July 3, 1997, and was attributed to an unusual and nonrecurring
activity involving the transport of multiple loads of composting
material near the monitor.
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II. Requirements of a Maintenance Plan

    Section 175A of the Clean Air Act sets forth the elements of a
maintenance plan. Under section 175A, a state must submit a plan to
demonstrate continued attainment of the applicable NAAQS for at least
10 years after an area is redesignated to attainment. For Wallula, this
initial maintenance period was 2005 through 2015. The state must then
submit a revised maintenance plan demonstrating that the area will
continue to attain for the 10 years following the initial 10-year
period. For Wallula, this period is 2015 through 2025. The EPA's
Calcagni memorandum contains a list of core provisions the EPA
anticipates to be necessary to ensure maintenance of the relevant
NAAQS.\3\ The memorandum recommends that a maintenance plan address the
following provisions: (1) An attainment emissions inventory; (2) a
demonstration showing maintenance for 10 years; (3) a commitment to
maintain the existing monitoring network; (4) verification of continued
attainment; and (5) a contingency plan to prevent or correct future
violations of the NAAQS. Washington's SIP submission discusses each of
these elements.
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    \3\ See Memorandum from the EPA's Air Quality Management
Division Director to EPA Regional Air Directors entitled
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' dated September 4, 1992 (Calcagni memorandum).
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III. Analysis of Washington's Submission

A. Attainment Emissions Inventory

    Washington's second 10-year maintenance plan for the Wallula area
includes a 2014 attainment emissions inventory, which is the most up to
date emissions information available as part of the National Emissions
Inventory (NEI) process. The EPA has reviewed the procedures used to
develop the 2014 attainment emissions inventory and we find them to be
reasonable and approvable. The overall source mix and emissions levels
are generally consistent with the 2002 attainment emissions inventory
contained in the first 10-year maintenance plan. While there has been
some increase in emissions activity since 2002, Ecology explained and
the EPA verified that much of the difference between the 2002 and 2014
inventories is due to revised emissions inventory methodology. For
example, Ecology revised the emissions factor for cattle feedlots by
increasing it approximately eightfold, a conservative approach.\4\
Based on the most up-to-date emissions inventory information, Ecology
calculated the source mix for a typical PM10 season day in
the maintenance area, which occurs from June through October. The main
emissions sources in the area during this season include agricultural
tilling and harvesting in aggregate (43%), Simplot Feeders (18%), and
Boise White Paper (10%). Other smaller point sources, such as road
dust, construction dust, and motor vehicles comprise the remaining
emissions source categories.\5\
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    \4\ Bonifacio, H.M. (2012). Particulate matter emission rates
from beef cattle feedlots in Kansas--Reverse dispersion modeling.
Journal of the Air & Waste Management Association, 62(3), 62(3),
pp.350-361.
    \5\ Onroad motor vehicles are approximately 1% of the overall
inventory. As part of the serious area attainment plan approval, the
EPA granted Washington's request for an exemption from regional
analysis for transportation conformity because motor vehicles were
an insignificant source of PM10 emissions.

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B. Maintenance Demonstration

    To demonstrate maintenance, emissions inventories are projected to
future dates to assess the influence of changes in growth and controls.
These inventories show actual emissions in pounds per season day equal
to 6,334 pounds in 2014, and projected inventories of 8,519 pounds in
2020, and 8,599 pounds in 2025. As discussed in the submission, Ecology
used a conservative projection methodology including highest actual
emissions, potential to emit, and maximum permitted capacity, as
appropriate, in developing the 2020 and 2025 projections.\6\ These
projections would be expected to represent an upper bound of potential,
future emissions, explaining the difference between the 2014 actual
emissions and possible growth in 2020 and 2025.
---------------------------------------------------------------------------

    \6\ See Emissions Inventory Documentation for the Wallula
PM10 Second 10-Year Maintenance Plan.
---------------------------------------------------------------------------

    Because the 2020 and 2025 projected emissions inventories are
greater than the 2014 attainment inventory, Ecology conducted a roll
forward analysis to demonstrate that the Wallula area will continue to
remain in attainment through the year 2025. To perform the roll forward
modeling, Ecology calculated a three-year design concentration using
2012 through 2014 monitoring data.\7\ This 2014 design concentration,
equaling 112 micrograms per cubic meter ([mu]g/m\3\), corresponds to
the 2014 attainment emission inventory. Ecology then modeled how the
potential emissions growth might impact future PM10 design
concentrations. The maximum modeled 2025 design concentration, using
the most conservative methodology, was 145 [mu]g/m\3\, below the level
of the 24-hour PM10 NAAQS of 150 [mu]g/m\3\. For comparison,
if a less conservative methodology is used, factoring in potential
natural events and using maximum 5-year actual rather than maximum
allowable permit limits, the projected 2025 design concentration would
be 82 [mu]g/m\3\. As shown in Table 20 of the second 10-year plan, this
projected 2025 design concentration is generally consistent with recent
design concentrations after factoring in the effect of natural events.
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    \7\ See PM10 design concentration table look-up
method, page 6-3, PM10 SIP Development Guideline.
---------------------------------------------------------------------------

    The Calcagni memorandum explains that states are expected to
maintain implemented control strategies unless such measures are shown
to be unnecessary for maintenance or replaced with measures that
achieve equivalent reductions. Ecology retained all control measures
cited in the first 10-year maintenance plan; however, some changed over
time since the EPA's last approval on May 2, 2005 (70 FR 22597). For
example, in 2018, Ecology and Simplot Feeders updated the ``Fugitive
Dust Control Plan for Simplot Feeders'' originally approved into the
SIP in 2005 (70 FR 22597, May 2, 2005). The updated fugitive dust
control plan was developed to prevent dust from any fugitive or point
sources from crossing the Simplot property line. The updated fugitive
dust control plan requires road dust suppression, better staff
training, daily observations, and daily adaptive best management
practices to make sure potential fugitive dust emissions are
controlled. In a related 2018 update, Ecology negotiated an update to
the 1995 ``Fugitive Dust Control Guidelines for Beef Cattle Feedlots
and Best Management Practices'' with the Washington Cattlemen's
Association, last approved into the SIP in 2005 (70 FR 22597, May 2,
2005). Ecology requested that both updated agreements replace the prior
versions currently approved in the SIP.
    The first 10-year maintenance plan also included site-specific
permits and orders for Boise White Paper and Tyson Fresh Meats
(formerly IBP). The SIP-approved order for Boise White Paper (Order No.
1614-AQ04), and the dust control plan for the associated landfill,
remain unchanged since the EPA's approval in 2005 (70 FR 22597, May 2,
2005). However, the SIP-approved Title V air operating permit for Boise
White Paper, which cites the order and dust control plan as a permit
condition, has since expired. Ecology requested that the EPA replace
the expired 2004 permit in the SIP with the recently-issued 2018
version. The 2018 version retains permit condition Q.1 requiring
compliance with the existing order and fugitive dust plan (a copy of
the 2018 permit is included in the docket).
    In a notice of construction (NOC) approval order, issued by Ecology
in 2002 and approved into the SIP in 2005, Tyson Fresh Meats (formerly
IBP) requested a PM10 emission limitation to remain below
the 70 ton per year threshold for a major source in a Serious
PM10 nonattainment area (02AQER-5074). In 2007, Tyson Fresh
Meats submitted a notice of construction application to increase hourly
slaughter rates and add two new cookers. In the technical support
document (TSD) amending the SIP-approved Order, Ecology determined the
emissions increase would be minimal, with an estimated increase of 0.05
pounds per hour and no increase on annual basis. In implementing the
new source review provisions of Chapter 173-400 Washington
Administrative Code, Ecology determined that the change would not cause
or contribute to violations of the NAAQS. Ecology's TSD and the 2007
amended NOC approval order are included in the docket for this action.
    In 2014, Ecology consolidated the air permits for Tyson Fresh Meats
into one comprehensive permit, including the permit conditions
contained in amended Order 02AQER-5074 (a copy of the consolidated 2014
order is included in the docket for this action). This was done in
connection with a request from Tyson to remove propane as a backup fuel
for the boilers and not using tallow as a fuel for the boilers and
dryers. The TSD for the 2007 permit revision states that, with these
changes in allowable fuels, potential to emit PM10 is
reduced to 27.10 tons per year, well below the 70 tons per year
emissions limitation established in the 2002 NOC order of approval,
such that Tyson is now a true minor source rather than a synthetic
minor source for Title V. The limits on particulate matter from amended
Order 02AQER-5074 (currently approved in the SIP), however, remain in
effect and are included in the 2014 consolidated permit. Ecology
submitted, and the EPA is proposing to approve in the SIP, the updated
2014 permit conditions and related monitoring, recordkeeping, and
reporting that replace the permit conditions contained in the 2002 NOC
order of approval. Because many of the permit conditions contained in
the 2014 consolidated permit are unrelated to the original 2002 SIP-
approved NOC order of approval or are not required elements for SIP
incorporation, a strikeout version of the exact permit conditions
proposed for approval is included in the docket for this action.

C. Monitoring Network

    Washington's maintenance plan includes a commitment to continue to
operate its EPA-approved monitoring network to demonstrate compliance
with the PM10 NAAQS for the Wallula area. On June 28, 2018,
Ecology submitted the 2018 Annual Monitoring Network Plan, which the
EPA approved on August 13, 2018. Ecology's network plan and the EPA's
approval letter are included in the docket for this action. Any changes
to the PM10 monitoring network for the Wallula area must be
made in accordance with the requirements of 40 CFR part 58 and approved
by the EPA as part of the annual monitoring network plan process.

D. Verification of Continued Attainment

    The level of the PM10 NAAQS is 150 micrograms per cubic
meter ([mu]g/m\3\), 24-hour average concentration. The NAAQS is
attained when the expected number of days per calendar year with a 24-
hour average concentration above 150 [mu]g/m\3\ is equal to or less
than one. (40 CFR 50.6). Under the approved first 10-year maintenance
plan, verification of continued attainment was addressed through
operation of an appropriate air quality monitoring network. In
developing the second 10-year maintenance plan, Washington evaluated
the most recent three years of complete, quality-assured data for the
Wallula area (2015 through 2017) to verify continued attainment of the
standard.
    As previously discussed, the Clean Air Act allows the exclusion of
certain event-affected air quality data. This process is currently
implemented under the Exceptional Events Rule (codified at 40 CFR 50.1,
50.14, and 51.930). Under the EPA's Exceptional Events Rule process,
Ecology flagged six exceedances of the PM10 NAAQS during the
2015 through 2017 monitoring period as potential exceptional events.
Three of the flagged exceedances were associated with unusually high
wind events that entrained dust (August 14, 2015, October 30, 2015, and
November 17, 2015). As discussed in Ecology's submission, this
entrained dust primarily originated in the Horse Heaven Hills area,
located approximately 70 miles from the maintenance area, as well as
other Columbia Plateau counties, such as Franklin and Adams Counties.
An additional three days in 2017 were flagged as wildfire-influenced
data, with numerous active fires occurring throughout Washington,
Oregon, and western Canada on those days (September 5 through 7, 2017).
The Exceptional Events Rule recommends that states submit exceptional
event demonstrations only for exceedances ``flagged'' as due to
exceptional events that have regulatory significance. Consistent with
this recommendation, Ecology submitted one exceptional event
demonstration on November 30, 2017, to request exclusion of the August
14, 2015, high wind event data. On March 20, 2019, Ecology submitted a
second exceptional event demonstration to exclude the wildfire
influenced data on September 5 through 7, 2017.
    The EPA evaluated Ecology's exceptional event demonstrations for
August 14, 2015, and September 5 through 7, 2017, with respect to the
requirements of the EPA's Exceptional Events Rule. On March 21, 2018,
the EPA concurred with Ecology's request to exclude event-influenced
data for August 14, 2015. On September 11, 2019, we concurred with
Ecology's request to exclude the wildfire event-influenced data for
September 5 and 6, 2017. We note that, although Ecology's exceptional
event demonstration included September 7, 2017, it was not necessary
for the EPA to concur on this day because the area showed attainment of
the 24-hour PM10 NAAQS with the exclusion of September 5 and
6, 2017, data. The EPA concurrence letters explain how Ecology met the
criteria in the Exceptional Events Rule to demonstrate that the August
14, 2015, and September 5 and 6, 2017, exceedances qualify as
exceedances attributable to exceptional events. The EPA now proposes to
take final agency action on Ecology's request to exclude data from
August 14, 2015, and September 5 and 6, 2017. Exclusion of the event-
influenced data yields a three-year average of 1.0 expected exceedances
for 2015 through 2017, equal to the threshold of 1.0 to demonstrate
attainment of the 24-hour PM10 NAAQS. For further
information, refer to Ecology's exceptional event demonstration
packages and the EPA's concurrence and analysis located in the docket
for this action.

E. Contingency Provisions

    Due to the unique nature of the Wallula area, with nearly all
exceedances since 1995 associated with high wind or wildfire events,
the first 10-year maintenance plan contingency provisions relied
heavily on the ``Columbia Plateau Windblown Dust Natural Events Action
Plan'' (NEAP) approved into the SIP in 2005. The NEAP focuses on
agricultural sources, primarily outside the maintenance area,
encouraging ongoing participation in U.S. Department of Agriculture
soil conservation programs. The NEAP remains unchanged in the SIP since
the first 10-year maintenance plan. However, to comply with the EPA's
revisions to the Exceptional Events Rule, Ecology submitted a
mitigation plan to support future evaluation of exceptional events in
the Wallula area, supplementing the SIP-approved NEAP. The Exceptional
Events Rule notes that mitigation plans are not required to be
submitted as part of the SIP but are evaluated as part of the ongoing
EPA and state coordination on exceptional events. The current
mitigation plan is included in the docket for this action as well as
the EPA's November 21, 2019, letter approving Ecology's mitigation
plan. In light of the exceptional event considerations discussed above,
Ecology is retaining, unchanged the contingency provisions approved in
the first 10-year maintenance plan.

IV. Proposed Actions

    The EPA is proposing to approve Ecology's second 10-year
maintenance plan for the 24-hour PM10 Wallula area as
satisfying the requirements of section 175A of the Clean Air Act. We
are also proposing to take final agency action on Ecology's request to
exclude wildfire and high wind event-influenced data from August 14,
2015, and September 5 and 6, 2017. In addition, we are proposing to
approve, and incorporate into the SIP at 40 CFR part 52.2470(d), the
updated source-specific requirements for Tyson Fresh Meats, Boise White
Paper, and Simplot Feeders shown in Table 1, below.

                        Table 1--State Source-Specific Requirements Proposed for Approval
----------------------------------------------------------------------------------------------------------------
                                                                        State
            Name of source                   Order/Permit No.      effective date           Explanations
----------------------------------------------------------------------------------------------------------------
Tyson Fresh Meats, Inc................  13AQ-E526................       4/16/2014  Except:
                                        .........................  ..............  1. Decontamination Cabinets;
                                        .........................  ..............  2. Meat Cutting/Packing;
                                        .........................  ..............  6. Wastewater Floatation;
                                        .........................  ..............  8. Utility Equipment;
                                        .........................  ..............  10. Other;
                                        .........................  ..............  References to ``WAC 173-460-
                                                                                040'' in ``Determinations'';

                                        .........................  ..............  The portion of Approval
                                                                                Condition 2.a which states,
                                                                                ``and consumption of no more
                                                                                than 128 million cubic feet/
                                                                                of natural gas per year.
                                                                                Natural gas consumption
                                                                                records for the dryer shall
                                                                                be maintained for the most
                                                                                recent 24 month period and
                                                                                be available to Ecology for
                                                                                inspection. An increase in
                                                                                natural gas consumption that
                                                                                exceeds the above level may
                                                                                require a Notice of
                                                                                Construction.'';
                                        .........................  ..............  Approval Condition 3;
                                        .........................  ..............  Approval Condition 4;
                                        .........................  ..............  Approval Condition 5;
                                        .........................  ..............  Approval Condition 6.e;
                                        .........................  ..............  Approval Condition 9.a.ii;
                                        .........................  ..............  Approval Condition 9.a.iv;
                                        .........................  ..............  Approval Condition 9.a.v;
                                        .........................  ..............  Approval Condition 9.a.vi;
                                        .........................  ..............  Approval Condition 10.a.ii;
                                        .........................  ..............  Approval Condition 10.b;
                                        .........................  ..............  Approval Condition 11.a;
                                        .........................  ..............  Approval Condition 11.b;
                                        .........................  ..............  Approval Condition 11.e;
                                        .........................  ..............  Approval Condition 12;
                                        .........................  ..............  Approval Condition 15;
                                        .........................  ..............  The section titled ``Your
                                                                                Right to Appeal''; and
                                        .........................  ..............  The section titled ``Address
                                                                                and Location Information.''
Boise White Paper L.L.C...............  0003697..................        4/1/2018  Condition Q.1 only.
Simplot Feeders Limited Partnership...  Fugitive Dust Control            3/1/2018
                                         Plan.
----------------------------------------------------------------------------------------------------------------

    In addition, we are proposing to update the list of supplementary
documents in 40 CFR part 52.2470(e) to include the 2003 ``Columbia
Plateau Windblown Dust Natural Events Action Plan'' and Ecology's 2018
update of the ``Fugitive Dust Control Guidelines for Beef Cattle
Feedlots and Best Management Practices.''
    Finally, we are proposing to take final agency action on high wind
and wildfire exceptional events associated with the Wallula area and
determine that the PM10 exceedances on the identified dates
were due to exceptional events and can be excluded in determining the
attainment status of the area.

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference in 40 CFR part 52.2470(d) the updated source-
specific requirements shown in section IV at Table 1 of this preamble.
The EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region X Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act.
Accordingly, this action merely proposes to approve 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 Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
     Does not provide the 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
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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, and
Reporting and recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: December 2, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-27275 Filed 12-19-19; 8:45 am]
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