[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Proposed Rules]
[Pages 70130-70135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 (206) 553-0256, or 
[email protected].

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

[[Page 70131]]

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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[[Page 70132]]

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

[[Page 70133]]

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
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                                                                        State
            Name of source                   Order/Permit No.      effective date           Explanations
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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'';

[[Page 70134]]

 
                                        .........................  ..............  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.
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    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

[[Page 70135]]

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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