[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Proposed Rules]
[Pages 58202-58210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18283]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2022-0648, FRL-11358-01-R2]
Approval and Promulgation of Implementation Plans; New York;
Elements of the 2008 and 2015 Ozone National Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of New York for purposes of certifying and meeting the
requirements for Reasonably Available Control Technology (RACT) for the
Serious classification of the 2008 and Moderate classification of the
2015 8-hour Ozone National Ambient Air Quality Standards (NAAQS). The
EPA is also proposing to approve that this SIP revision fulfills SIP
requirements pertaining to the Ozone Transport Region (OTR) for the
2015 Ozone NAAQS. The EPA is proposing to approve the demonstration
portion of the comprehensive SIP revision submitted by New York that
certify that the State has satisfied the requirements for an Ozone
nonattainment new source review program, certify that the State has
satisfied the requirements for a nonattainment emission inventory, and
certify that the State has satisfied the requirements for clean fuels
for fleets. The EPA is also proposing to approve New York's reasonable
further progress plans and motor vehicle emissions budgets for both the
Moderate and Serious classifications of the 2008 Ozone NAAQS.
DATES: Written comments must be received on or before September 25,
2023.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0648 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://www2.epa.gov/dockets/commenting-epa-dockets.
[[Page 58203]]
FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3378, or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What did New York submit?
II. Background
III. Summary and Evaluation of New York's SIP Submittals
a. RACT Certifications
b. Additional Certifications
IV. EPA's Proposed Action
V. Statutory and Executive Order Reviews
I. What did New York submit?
On January 29, 2021, New York submitted a State implementation plan
(SIP) revision for purposes of meeting the requirement for Reasonably
Available Control Technology (RACT) \1\ for the 2008 8-hour Ozone
National Ambient Air Quality Standard (NAAQS or standard) in New York's
portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)
nonattainment area (also referred to as the New York Metro Area or
NYMA) for the Serious classification.\2\ The submittal was also meant
to satisfy New York's requirement for RACT for the 2015 NAAQS in the
NYMA and the requirements for RACT for the 2015 NAAQS throughout the
State for New York's commitment to meet RACT within the Ozone Transport
Region (OTR). New York also submitted a comprehensive SIP revision on
November 29, 2021, which includes the reasonable further progress plan
and motor vehicle emissions budgets (MVEB or Budgets) for the 2008
Ozone Serious classification of NYMA, certifying that the State has
satisfied the requirements for an Ozone nonattainment new source review
(NNSR) program, certifying that the State has satisfied the
requirements for a nonattainment emission inventory, and certifying
that the State has satisfied the requirements for clean fuels for
fleets. In addition, New York also submitted a comprehensive SIP
revision on November 13, 2017. Within that submittal, New York included
the reasonable further progress plan and MVEB for the 2008 Ozone
Moderate classification of the NYMA.
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\1\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
\2\ In New York's January 29, 2021 submittal, the State
certifies that an EPA-approved emission statement program satisfies
the CAA Section 182(a)(3)(B) SIP Requirement for the 2015 8-hour
Ozone NAAQS. New York's certification for its emission statement
program requirement for the 2015 8-hour Ozone NAAQS will be
addressed under a separate future rulemaking and is not addressed
within this proposal.
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II. Background
In 2008, EPA revised the health-based NAAQS for Ozone, setting it
at 0.075 parts per million (ppm) averaged over an 8-hour time frame.
See 73 FR 16435 (March 27, 2008). The EPA determined that the revised
8-hour standard would be more protective of human health, especially
with regard to children and adults who are active outdoors and
individuals with a pre-existing respiratory disease such as asthma. See
id.
On April 30, 2012, the EPA finalized its attainment/nonattainment
designations for areas across the country with respect to the 2008 8-
hour Ozone Standard. See 77 FR 30088 (May 21, 2012). This action became
effective on July 20, 2012. The two 8-hour Ozone marginal nonattainment
areas located in New York State are the New York portion of the NYMA
and the Jamestown nonattainment area. The remainder of New York State
was designated as unclassifiable/attainment. The New York portion of
the NYMA, is composed of the five boroughs of New York City and the
surrounding counties of Nassau, Suffolk, Westchester, Rockland, and the
Shinnecock Indian Nation.\3\ 40 CFR 81.333. The Jamestown nonattainment
area is composed of Chautauqua County. See id. In 2016, the EPA
determined that Jamestown attained the 2008 Ozone Standard by the July
20, 2015, attainment date and that the NYMA nonattainment area did not
attain the 2008 Ozone Standard by the applicable attainment date and
was reclassified from a marginal to a moderate nonattainment area. See
81 FR 26697 (May 4, 2016).\4\ State attainment plans for Moderate
nonattainment areas were due by January 1, 2017. See id. Since the NYMA
was reclassified to a Moderate nonattainment area, New York, on
November 13, 2017, submitted a comprehensive SIP revision, including an
attainment demonstration and reasonable further progress plan among
other SIP required elements, related to the 2008 8-hour Ozone standard
for the Moderate classification. Subsequently, the NYMA Moderate
nonattainment area also failed to meet the Moderate area attainment
date. Therefore, on August 23, 2019, EPA published a final rule that
reclassified the NYMA, and other State's nonattainment areas, from
Moderate to Serious. See 84 FR 44238 (August 23, 2019). Because the
NYMA nonattainment area also failed to meet the Serious area attainment
date, on September 15, 2022, the EPA published a final rule that
reclassified the NYMA, along with other State's nonattainment area,
from Serious to Severe. See 87 FR 60926 (October 7, 2022). This
reclassification to Severe resulted in a revised attainment date for
the NYMA of July 20, 2027. See id. RACT requirements tied to the Severe
classification are due on May 7, 2024. See id.
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\3\ Information pertaining to areas of Indian country is
intended for CAA planning purposes only and is not an EPA
determination of Indian country status or any Indian country
boundary. The EPA lacks the authority to establish Indian country
land status and makes no determination of Indian country boundaries
at 77 FR 30088 (May 21, 2012).
\4\ In 2019 the NY-NJ-CT nonattainment area was reclassified to
serious nonattainment. 84 FR 44238 (August 23, 2019). The serious
area attainment date and the deadline for RACT measures not tied to
attainment is July 20, 2021. 84 FR 44238.
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The counties in the New York portion of the NYMA (and part of
Orange County) were previously classified under the 1979 1-hour Ozone
NAAQS as Severe, requiring RACT, while the remaining counties in the
State were subject to RACT as part of the Moderate classification or as
part of the Ozone Transport Region (OTR). See 77 FR 36165.\5\ Under the
2008 8-hour Ozone Standard, in areas classified as Moderate or located
in the OTR (which includes all of New York State), a RACT determination
is required for major stationary sources that emit or have the
potential to emit 50 tons per year for VOC and 100 tons per year for
NOX. See 87 FR 21825 (April 13, 2022). As required by the
anti-backsliding provisions of the CAA, for purposes of the RACT
analysis for the 2008 Ozone standard, New York retained the 1-hour
Ozone plan emission threshold of 25 tons per year or more for either
NOX or VOC for major sources in the New York portion of NYMA
and portions of Orange County that were classified as Severe under the
1979 1-hour standard. See 40 CFR part 51.905.
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\5\ CAA Section 184(a) established a single ozone transport
region (OTR) comprising all or part of 12 eastern States and the
District of Columbia.
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Sections 182(b)(2) of the CAA require States to implement RACT in
areas classified as Moderate (and higher) nonattainment for Ozone,
while section 184(b)(1)(B) of the CAA requires VOC RACT in States
located in the OTR, and section 182(f) requires NOX RACT.
RACT must be implemented for all major VOC and NOX emission
sources and for all sources covered by a control technique guideline
(CTG). A CTG is a
[[Page 58204]]
document issued by the EPA which provides recommendations to inform
State, local, and Tribal air agencies as to what constitutes RACT for a
specific VOC source category. States must submit rules, or negative
declarations when the State has no such sources, for CTG source
categories. A related set of documents, Alternative Control Techniques
(ACT) documents, exists primarily for NOX control
requirements. RACT must be imposed on major sources of NOX,
and some of those major sources may be within a sector covered by an
ACT document.
On March 6, 2015, the EPA published a final rule that outlines the
obligations that areas found to be in nonattainment of the 2008 Ozone
NAAQS need to address (2008 Ozone Implementation Rule). See 80 FR
12264. This rule contains, among other things, a description of the
EPA's expectations for States with RACT obligations. The 2008 Ozone
Implementation Rule provides that States could meet RACT through the
establishment of new or more stringent requirements that meet RACT
control levels, through a certification that previously adopted RACT
controls in the SIP, that were approved by the EPA under a prior Ozone
NAAQS, represent adequate RACT control levels for attainment of the
2008 Ozone NAAQS, or a combination of these two approaches. In
addition, a State must submit a negative declaration in instances where
there are no sources covered by a given CTG. The 2008 Ozone
Implementation Rule requires that States with nonattainment areas were
required to submit RACT SIPs to EPA within two years from the effective
date of nonattainment designation, which for the areas at issue here
was July 20, 2014.
Regarding the 2015 Ozone NAAQS, on June 4, 2018, EPA published a
final rule establishing designations and classifications for this
standard for most areas of the country, including New York. See 83 FR
25776 (June 4, 2018). This final rule created a Moderate nonattainment
area within the NYMA which includes, within New York, the five boroughs
of New York City and the surrounding counties of Nassau, Suffolk,
Westchester, Rockland and the Shinnecock Indian Nation. Additionally,
on December 6, 2018, EPA published a final rule outlining requirements
for States to follow as they implement the 2015 Ozone NAAQS (2015 Ozone
Implementation Rule). (See 83 FR 62998, December 6, 2018). The rule
contains RACT and NNSR requirements similar to those outlined within
the 2008 Ozone Implementation Rule, although the discretionary inter-
pollutant trading program provided for within the NNSR portion of the
rule was subsequently voided.
Regarding NNSR, the minimum SIP requirements for NNSR permitting
programs for the 2008 and the 2015 Ozone NAAQS are located in 40 CFR
51.165. These NNSR program requirements include those promulgated in
the ``Phase 2 Rule'' implementing the 1997 8-hour Ozone NAAQS (See 70
FR 71612, November 29, 2005) and the 2008 Ozone Implementation Rule.
Additionally, although the 2015 Ozone Implementation Rule included a
provision to explicitly allow for inter-pollutant trading for meeting
the emissions offset requirement for ozone, this provision was
subsequently vacated.\6\ Under the Phase 2 Rule, the SIP for each ozone
nonattainment area must contain NNSR provisions that:
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\6\ Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 2021).
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Set major source thresholds for NOX and VOC
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i) through (iv) and
(a)(1)(iv)(A)(2);
Classify physical changes at a major source if the change
would constitute a major source by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3);
Consider any significant net emissions increase of
NOX as a significant net emissions increase for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(E);
Consider increases of VOC emissions in extreme ozone
nonattainment areas as significant net emissions increases and major
modifications for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F);
Set significant emissions rates for VOC and NOX
as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A) through (C)
and (E);
Contain provisions for emissions reductions credits
pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) and (2);
Provide that the requirements applicable to VOC also apply
to NOX pursuant to 40 CFR 51.165(a)(8); and
Set offset ratios for VOC and NOX pursuant to
40 CFR 51.165(a)(9)(i) through (iii) (renumbered as (a)(9)(ii) through
(iv) under the 2008 Ozone Implementation Rule).
Additionally, pursuant to the 2008 Ozone Implementation Rule, areas
designated as nonattainment for that standard that also remain
nonattainment for the 1997 Ozone Standard must satisfy the anti-
backsliding requirements of 40 CFR 51.1105.
III. Summary and Evaluation of New York's SIP Submittals
a. RACT Certifications
On January 29, 2021, New York submitted a determination that its
regulatory framework for sources meets the criteria for RACT for
purposes of the 2015 Ozone NAAQS. The submittal also contained a
certification that the State's RACT requirements are sufficient to
comprise RACT for the area's Serious classification for the 2008 Ozone
NAAQS. EPA approved New York's statewide 2008 NAAQS RACT SIP submission
for requirements associated with the Moderate area classification and
the OTR on December 12, 2017, except the Agency conditionally approved
New York's submission with respect to sources covered by the industrial
cleaning solvents CTG. See 82 FR 58342. As of May 13, 2020, New York
had a fully approved RACT SIP for purposes of the Moderate area
classification and OTR requirements associated with the 2008 Ozone
NAAQS. See 85 FR 28490. New York's RACT submittal notes that its prior
designation as a nonattainment area for the New York portion of the
NYMA for the previous ozone standards resulted in the adoption of
stringent controls for major sources of VOC and NOX,
including RACT level controls. New York's major source applicability
threshold for both VOC and NOX have been maintained at 50
tons per year throughout the State and at 25 tons per year in the New
York portion of the NYMA, due to anti-backsliding and the NYMA being
designated as Severe for the one-hour Ozone Standard (See 56 FR 56694,
November 6, 1991) where the threshold is 25 tons per year. In
accordance with the 2008 and 2015 Ozone Implementation Rules, much of
New York's submittal consists of a review of RACT controls adopted
under previous ozone standards and an indication of whether those
previously adopted controls still represent RACT for the 2008 and 2015
Ozone NAAQS. Additionally, New York notes that as a member state of the
OTR, it works with the Ozone Transport Commission to identify and
adopt, as deemed appropriate, regulations on additional VOC and
NOX categories beyond those for which EPA has issued CTGs or
ACT documents.
Appendix A of New York's January 29, 2021, submission lists the
CTGs and ACTs and corresponding New York RACT regulations that cover
existing sources in New York. For major non-CTG sources, RACT
compliance is enforced through the SIP approved provisions in 6 NYCRR
Part 212,
[[Page 58205]]
``Process Operations.'' On October 1, 2021, the EPA approved New York's
revisions to Part 212 into the SIP to strengthen enforcement of New
York's air pollution control regulations (see 86 FR 54375).
New York evaluated its existing RACT regulations and requirements
and determined that these measures continue to constitute RACT for
purposes of the 2008 Ozone NAAQS Serious classification, the 2015 Ozone
NAAQS Moderate classification, and OTR requirements for the 2015 Ozone
NAAQS. New York certified that its current regulations still comprise
RACT for all major sources of NOX/VOCs and all sources
covered by CTGs where there is no negative declaration. In regard to
NOX RACT regulations, New York certified that their
following SIP approved regulations met the current requirements for
RACT: Subpart 212-3, ``Reasonably Available Control Technology for
Major Facilities'' (86 FR 54375, October 1, 2021), Subpart 212-4,
``Control of Nitrogen Oxides for Hot Mix Asphalt Production Plants''
(86 FR 54375, October 1, 2021), Part 214, ``Byproduct Coke Oven
Batteries'' (71 FR 41163, July 20, 2006), Part 216, ``Iron and/or Steel
Processes'' (71 FR 41163, July 20, 2006), Subpart 219-10, ``Reasonably
Available Control Technology (RACT) for Oxides of Nitrogen
(NOX) at Municipal and Private Solid Waste Incineration
Units'' (87 FR 33438, June 2, 2022), Subpart 220-1, ``Portland Cement
Plants'' (78 FR 41846, July 12, 2013), Subpart 220-2, ``Glass Plants''
(conditional approval 78 FR 41846, July 12, 2013) and Subpart 227-2,
``Reasonably Available Control Technology (RACT) for Major Facilities
of Oxides of Nitrogen (NOX)'' (78 FR 41846, July 12, 2013).
In regard to VOC RACT regulations, New York certified that their
following SIP approved regulations met the current requirements for
RACT: Part 203, ``Oil and Natural Gas Sector'' (87 FR 52337, August 25,
2022), Subpart 212-3, ``Reasonably Available Control Technology for
Major Facilities'' (86 FR 54375, October 1, 2021), Part 226, ``Solvent
Cleaning Processes and Industrial Cleaning Solvents'' (85 FR 28490, May
13, 2020), Part 228, ``Surface Coating Processes, Commercial and
Industrial Adhesives, Sealants and Primers'' (79 FR 12082, March 4,
2014), Part 229, ``Petroleum and Volatile Organic Liquid Storage and
Transfer'' (62 FR 67006, December 23, 1997), Part 230, ``Gasoline
Dispensing Sites and Transport Vehicles'' (63 FR 23668, April 30,
1998), Part 233, ``Pharmaceutical and Cosmetic Manufacturing
Processes'' (62 FR 67006, December 23, 1997), Part 234, ``Graphic
Arts'' (77 FR 13974, March 8, 2012). Within New York's January 29,
2021, SIP revision, the State noted that it was in the process of
revising Part 230 to incorporate Federal standards for gasoline
dispensing facilities pursuant to 40 CFR Subpart CCCCCC. This
regulatory update was submitted to the EPA on March 3, 2021 and was
approved into New York's SIP on February 9, 2023. See 88 FR 8371.
In regard to negative declarations, New York reviewed the CTG and
ACT categories and determined that their previously approved negative
declarations remain valid. Based on the emission inventory and emission
statements for New York, the State certified that there are no sources
located within the State for the following six CTGs: Manufacture of
Vegetable Oils; Manufacture of High-Density Polyethylene, Polypropylene
and Polystyrene Resins; Natural Gas/Gasoline Processing Plants; Air
Oxidation Processes in Synthetic Organic Chemical Manufacturing
Industry; Fiberglass Boat Manufacturing Materials; Agricultural
Pesticides. In New York's January 29, 2021, RACT submittal for the
Serious classification of the 2008 Ozone standard, Moderate
classification for the 2015 Ozone Standard, and OTR requirements
related to the 2015 Ozone NAAQS New York recertifies that this
previously approved negative declaration for the CTGs listed above
remains valid. In this proposed action, the EPA is proposing that the
State's negative declaration for the six CTGs listed above remain valid
and satisfies the requirements for the 2008 Ozone NAAQS Serious
classification, the 2015 Ozone standard Moderate classification and
requirements associated with the OTR for the 2015 Ozone NAAQS (82 FR
58342, December 12, 2017); 40 CFR 52.1683(a) and (b).
Regarding source specific RACT determinations, New York submits
certain source specific RACT determinations to EPA as SIP revisions. In
instances where a facility is unable to meet the relevant categorical
RACT limit due to technical or economic infeasibility, an alternative
RACT limit, also called a variance, is agreed to by DEC and the
facility owner. Some regulations (e.g., Part 220, ``Portland Cement
Plants and Glass Plants'') do not define categorical RACT limits due to
the uniqueness of each facility; in these cases, each regulated
facility performs a complete RACT analysis from which a facility-
specific emission limit is established. A case-by-case RACT analysis
may also be required for sources that are not in a source category
covered by an existing State RACT regulation or addressed by a CTG.
New York has periodically submitted source specific RACT
determinations for multiple facilities under a bundled SIP submittal
approach to EPA. Previous bundles were submitted to the EPA in 2008,
2010, and 2013. This included 34 RACT determinations bundled into one
submittal on September 16, 2008, and 15 RACT determinations bundled
into one submittal on August 30, 2010, for various regulated RACT rules
(e.g., Part 212-3, ``RACT for Major Facilities,'' and Part 220,
``Portland Cement Plants and Glass Plants''). In addition, on December
18, 2013, New York submitted a bundle of six RACT determinations for
Portland cement plants and glass plants regulated under Part 220. On
May 7, 2020, New York withdrew 14 previously submitted RACT
determinations because the facilities are no longer in operation or no
longer need SIP approval due to changes in operations. EPA Region 2
continues to coordinate with NYSDEC to address the submittal status of
the remaining source specific SIPs. Once submitted, these source
specific SIPs will be addressed in future separate actions. Appendix B
of New York's January 29, 2021, submittal includes a list of source
specific RACT determinations that have been submitted to EPA; Appendix
C of the submittal contains correspondence from EPA dated May 21, 2020
regarding the latest developments in addressing the source specific SIP
submittals.
We have reviewed New York's RACT certification demonstration and
propose to determine that the State's regulatory requirements for VOC
and NOX emissions from major sources accomplish a RACT level
of control for both pollutants. Regarding the CTG and ACT categories,
New York has reviewed RACT controls adopted for previous Ozone
standards and the EPA agrees with the State's evaluation that those
previously adopted controls still represent RACT for the Serious
classification of the 2008 Ozone Standard, the Moderate classification
of the 2015 Ozone Standard, and requirements associated with the OTR
for the 2015 Ozone NAAQS. Also, the SIP-approved New York RACT rules
have more stringent emission limits and/or lower thresholds of
applicability than the recommendations contained in the CTG and ACT
documents. Since we agree that the regulations which New York has cited
as meeting RACT do conform with RACT for the 2015 and 2008 Ozone
standards, we propose approval of New York's RACT certification SIP
revision requests dated
[[Page 58206]]
January 29, 2021, and November 29, 2021.
b. Additional Planning Elements and Certifications
New York's November 13, 2017, and November 29, 2021, SIP
submissions also included additional certifications and planning
elements as part of the comprehensive demonstrations. These include
reasonable further progress and MVEB for the 2008 moderate and serious
ozone classifications, a certification for an ozone NNSR program, a
certification for a nonattainment emission inventory, and a
certification that the State has satisfied the requirements for clean
fuels for fleets.
Emission Inventory
CAA section 172(c)(3) requires that each SIP include a
``comprehensive, accurate, current inventory of actual emissions from
all sources of the relevant pollutant or pollutants in [the] area . .
.'' by requiring an accounting of actual emissions from all sources of
the relevant pollutants in the area. This section provides for the base
year inventory to include all emissions that contribute to the
formation of a particular NAAQS pollutant. For the 2008 Ozone NAAQS,
EPA's March 6, 2015, implementation rule recommended 2011 as a baseline
year from which emission reductions used to meet RFP requirements are
creditable. See 80 FR 12263.
On November 29, 2021, NYSDEC certified that the previously
submitted 2011 base year emission inventory is up-to-date and satisfies
the requirements for the 2008 Ozone NAAQS for the Serious
classification. On November 13, 2017, New York submitted to the EPA as
a SIP revision request an emission inventory of ozone precursors for
2011.\7\ The inventory was submitted to meet the CAA Section
182(a)(3)(A) obligation to develop a base year inventory and was also
used as the baseline year in the State's 2008 Ozone Moderate and
Serious RFP plans which are described elsewhere in this proposal. The
inventories include emission estimates in the form of ozone season day
(OSD) emissions in tons per summer day. The OSD emissions are also
adjusted for various types of stationary and mobile source categories
based on their activity level during the summer ozone season. The ozone
emission inventory catalogs NOX and VOC emissions because
these pollutants are precursors to ozone formation. New York's 2011
emissions inventory contains emission estimates for the nine counties
in the NYMA and contains emission estimates summed statewide.
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\7\ On October 1, 2021, The EPA approved revisions to the New
York SIP which included the 2011 calendar year ozone season daily
and annual ozone precursor emission inventories for CO,
NOX, and VOC for the NYMA portion of New York-New Jersey-
Long Island, NY-NJ-CT, serious nonattainment area, and for the
Jamestown marginal nonattainment area. In addition, the EPA approved
the 2011 calendar year ozone emissions inventory that was developed
statewide for New York. The pollutants included in the inventory are
annual emissions for CO, NOX, and VOC. See 86 FR 54377.
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The specific details of New York's 2011 emission inventory and the
rationale for the EPA's approval action are explained in the October 1,
2021, final rulemaking action. For this detailed information, the
reader is referred to the EPA's rulemaking action approving New York's
2011 Emission Inventory. See 86 FR 54377. In that action, the EPA
determined that New York's emission inventory is based on the most
current and accurate information available to the State at the time it
was being developed. Additionally, the inventories comprehensively
address all source categories in New York's nonattainment areas and
were developed consistent with the relevant EPA inventory guidance. For
those reasons, the EPA approved the 2011 baseline emission inventories
into New York's SIP as meeting the requirements of CAA Section
172(c)(3).
Since we agree that New York's 2011 base year inventory is
consistent with the ozone base year inventory reporting requirements
based on EPA guidance, we are proposing to approve New York's
certification of its 2011 calendar year emission inventory to fully
meets the requirements of the CAA for the 2008 8-hour Ozone NAAQS
Serious classification.
Table 1 shows the NYMA summary of 2011 OSD emissions, in tons per
day, by source category.
Table 1--Emissions Inventory Summary for NYMA Nonattainment Area
[Tons/ozone season day]
------------------------------------------------------------------------
New York portion of
NY-NJ-CT area
Source ---------------------
NOX VOC
------------------------------------------------------------------------
Point............................................. 344.88 11.26
Non-Point (Area).................................. 52.49 301.11
Nonroad........................................... 155.07 96.88
Onroad............................................ 205.87 104.46
Biogenic.......................................... 1.35 191.15
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Total......................................... 759.65 704.86
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Reasonable Further Progress
Section 182(b)(1) of the CAA and the EPA's 2008 Ozone
Implementation Rule requires that State's submit a reasonable further
progress (RFP) demonstration for each 8-hour ozone nonattainment area
designated moderate and above, for review and approval into its SIP,
that describes how the area will achieve actual emissions reductions of
VOC and NOX from a baseline emissions inventory. Section
182(b)(1) of the CAA requires a State's RFP to demonstrate a 15%
reduction in VOC emissions before the more general RFP requirements of
section 172(c)(2) of the CAA apply, which permits a combination of VOC
and NOX emission reductions to show RFP.
The EPA's 2008 Ozone Implementation Rule also finalized that 2008
nonattainment areas that have previously met the CAA requirement for a
15% ROP VOC reduction plan for the entire area are not required to
fulfill that requirement again. Instead, for purposes of the 1997 Ozone
NAAQS and for the 2008 Ozone NAAQS, the EPA interpreted the RFP
requirement of CAA section 172(c)(2) to require an area classified as
Moderate to achieve an average 3 percent annual reduction in VOC and/or
NOX emissions for the first 6 years following the
baseline.\8\ For Serious and above areas, section 182(c)(2)(B) requires
an additional 3% per year reduction in VOC emissions, averaged over
consecutive 3-year periods until the attainment date.\9\ New York has
previously met the 15% RFP for VOC, due to nonattainment obligations it
had under the 1997 8-hour Ozone standard (see 86 FR 49249; September 2,
2021). Therefore, for purposes of the 2008 Ozone standard, New York
submitted RFP demonstrations for its moderate and serious nonattainment
areas showing VOC and NOX emission reductions greater than
the 18% requirement following six years after the 2011 base year
inventory (between 2012-2017) and demonstrated a 27% reduction by the
Serious classification attainment date, July 20, 2021. Note that we are
only proposing action on both RFP plans for the New York portion of the
NYMA.
---------------------------------------------------------------------------
\8\ Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements.'' Final
Rule. Published March 6, 2015; effective April 6, 2015. 80 FR 12271.
\9\ See Id.
---------------------------------------------------------------------------
In New York's November 13, 2017, submission, NYSDEC demonstrated
that RFP was achieved for the moderate classification between the 2011
baseline
[[Page 58207]]
year and the 2017 target year by showing that NOX emissions
declined by 28.01%, and VOC emissions by 6.70%, within the NYMA
nonattainment area. New York updated its 2011 emission estimates for
use within the RFP baseline inventory by using the most recently
available at the time version of EPA's MOVES model, MOVES 2014a, for
calculation of on-road and non-road mobile source emissions. New York
also accounted for Emission Reduction Credits (ERCs) within its RFP
analysis because there are emissions offsets available for facilities
to use when constructing or modifying an emission source subject to New
Source Review. New York relied on the emission projection work it had
coordinated and submitted to the Mid-Atlantic Regional Air Management
Association for their effort to develop a 2017 modeling platform. The
projections of emissions from electrical generating units (EGUs) were
conducted using the Eastern Regional Technical Advisory Committee
(ERTAC). The ERTAC projection tool uses 2011 emissions data from EPA's
Clean Air Market Division and growth factors developed from the U.S.
Department of Energy's Energy Information Administration (EIA) data and
other sources to create a 2017 emission inventory for EGUs. EPA finds
that the ERTAC EGU emissions forecasts produce reasonable results for
facilities within the State.
Table 2 below contains a summary of the 2011 RFP baseline
inventory, and 2017 projected, controlled emissions demonstrating the
6.70% VOC and 28.01% NOX emission reductions for the New
York portion of the NY-NJ-CT nonattainment area.\10\ Although NYSDEC's
modeling demonstration illustrates that the NYMA did not meet the
moderate area attainment deadline of July 20, 2018, New York's RFP
analysis for the NYMA moderate nonattainment area showed that
projected, controlled VOC and NOX emission in 2017 were well
below the emission target levels. Therefore, the EPA is proposing to
approve New York's RFP for the moderate classification since it
successfully meets the RFP requirement under CAA section 172(c)(2).
---------------------------------------------------------------------------
\10\ In New York's calculation for RFP of the 2008 Ozone
Moderate classification, biogenic emissions were removed from the
base year inventory and rule effectiveness of Point sources
emissions for both EGUs and non-EGUs were factored in.
Table 2--Summary of RFP Calculations for NYMA for 2008 Ozone Moderate
Classification
------------------------------------------------------------------------
NOX emissions
(tons/ozone VOC emissions
Description season day) (tons/ozone
season day)
------------------------------------------------------------------------
RFP Baseline Inventory (2011): NY 770.4 516.04
portion of NY-NJ-CT area.............
2017 Projected, controlled emissions: 554.58 481.48
NY portion of NY-NJ-CT area..........
------------------------------------------------------------------------
As mentioned previously, the RFP requirement in CAA section
182(c)(2)(B) require areas classified as Serious or higher to achieve
an average 3% annual reduction for the first 6 years following the
baseline year, and also requires Serious areas to demonstrate an
additional 3% per year reduction in VOC emissions, averaged over
consecutive 3-year periods until the attainment date.\11\ Since the
attainment date for the Serious classification was on July 20, 2021,
this requires Serious areas located within New York to demonstrate 27%
percent reductions by the end of the nine-year period (2011-2020)
regardless of whether the area attains the NAAQS. In New York's
November 29, 2021, submission, NYSDEC demonstrated that RFP was
achieved for the Serious classification between the 2011 baseline year
and 2020 target year by showing that the 27% reduction requirement was
achieved through a combination of NOX and VOC emission
reductions through 2020.
---------------------------------------------------------------------------
\11\ Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements.'' Final
Rule. Published March 6, 2015; effective April 6, 2015. 80 FR 12271.
---------------------------------------------------------------------------
Table 3 below contains a summary of the 2011 RFP baseline
inventory, and 2020 projected, controlled emissions demonstrating that
VOC emissions were reduced by 17.76% and NOX emission
reduced by 30.41% within the New York portion of the NY-NJ-CT
nonattainment area.\12\ Because RFP requirements for the NYMA Serious
nonattainment area can be satisfied with reductions in either
NOX or VOC emissions, New York was able to demonstrate a
reduction emission surplus from the 27% requirement. Although NYSDEC's
modeling demonstration and 2020 Design Values (DVs) illustrated that
the NYMA did not meet the serious area attainment deadline of July 20,
2021, New York's RFP calculations for the NYMA serious nonattainment
area showed that the 27% reduction requirement was achieved through a
combination of NOX and VOC emission reductions through 2020.
Therefore, the EPA is proposing to approve New York's RFP for the
Serious classification since it successfully meets the RFP requirement
under CAA section 182(c)(2)(B) and 40 CFR 51.1110.
---------------------------------------------------------------------------
\12\ In New York's calculation for RFP of the 2008 Ozone Serious
classification, biogenic emissions were removed from the base year
inventory and rule effectiveness of Point sources emissions for both
EGUs and non-EGUs were factored in.
Table 3--Summary of RFP Calculations for NYMA for 2008 Ozone Serious
Classification
------------------------------------------------------------------------
NOX emissions VOC emissions
Description (tons/summer (tons/summer
day) day)
------------------------------------------------------------------------
RFP Baseline Inventory (2011): NY 770.4 516.04
portion of NY-NJ-CT area.............
2020 Projected, controlled emissions: 536.14 424.40
NY portion of NY-NJ-CT area..........
------------------------------------------------------------------------
Motor Vehicle Emissions Budgets
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means conformity to an implementation plan's
purpose of eliminating or reducing the severity and number of
violations of the NAAQS and achieving expeditious attainment of the
NAAQS, and that transportation
[[Page 58208]]
activities will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the NAAQS (CAA 176(c)(1)(A)
and (B)). The EPA's conformity rule at 40 CFR part 93, subpart A
requires that transportation plans, programs and projects conform to
SIPs, and establishes the criteria and procedures for determining
whether or not they conform. To accomplish its purpose, the conformity
rule requires a demonstration that emissions from a metropolitan
planning organization's regional transportation plan and transportation
improvement program are consistent and do not exceed the MVEB contained
in the control strategy SIP revision or maintenance plan. See 40 CFR
93.101, 93.118, and 93.124. The MVEB are defined in 40 CFR 93.101 as
the level of mobile source emissions of a pollutant, of the total
allowable emissions, defined in the SIP for a certain date, for the
purpose of demonstrating attainment or maintenance of the NAAQS or for
meeting reasonable further progress milestones.\13\
---------------------------------------------------------------------------
\13\ Further information concerning EPA's interpretations
regarding MVEBs can be found in the preamble to EPA's November 24,
1993 transportation conformity rule. See 58 FR 62193-62196.
---------------------------------------------------------------------------
In New York's November 13, 2017 comprehensive SIP submittal, the
State established the 2017 MVEB for VOCs and NOX within the
New York portion of the NY-NJ-CT nonattainment area for the 2008 8-hour
Moderate classification. In New York's submittal, the State clarifies
that the 2017 MVEB is a projection from the 2011 base year inventory,
and that the 2017 VOC MVEB excludes emissions from refueling. Table 4
lists the New York 2017 MVEB.
Table 4--MVEB in New York's 2008 Ozone Moderate RFP Plan
------------------------------------------------------------------------
NOX (tons/ VOC (tons/
Description summer day) summer day)
------------------------------------------------------------------------
2017 8-Hour Ozone Motor Vehicle 117.21 65.69
Emission Budgets: NY portion of NY-NJ-
CT area..............................
------------------------------------------------------------------------
On April 19, 2018, the EPA issued a letter to New York in which we
stated that the Budgets for the New York portion of the NY-NJ-CT area
were adequate for use in transportation conformity determinations.
Additionally, the EPA published an announcement of this adequacy
finding in the Federal Register on June 8, 2018. See 83 FR 26598. In
this action the EPA is proposing to approve the 2008 Ozone Moderate RFP
on-road MVEB established for the New York portion of the NY-NJ-CT area.
The EPA is also proposing to approve these Budgets because EPA has now
completed its review of the overall 2008 Ozone Moderate RFP plan which
demonstrates the required percent reductions needed for the plan
approval.
Also, in New York's November 29, 2021 comprehensive SIP submittal,
the State established the 2020 MVEB for VOCs and NOX within
the New York portion of the NY-NJ-CT nonattainment area for the 2008 8-
hour Serious classification. In New York's submittal, the State
clarifies that the 2020 MVEB is a projection from the 2011 base year
inventory, and that the 2020 VOC MVEB excludes emissions from
refueling. Table 5 lists the New York 2020 MVEB.
Table 5--MVEB in New York's 2008 Ozone Moderate RFP Plan
------------------------------------------------------------------------
NOX (tons/ VOC (tons/
Description summer day) summer day)
------------------------------------------------------------------------
2020 8-Hour Ozone Motor Vehicle 89.07 54.51
Emission Budgets: NY portion of NY-NJ-
CT area..............................
------------------------------------------------------------------------
On July 26, 2022, the EPA issued a letter to New York in which we
stated that the Budgets for the New York portion of the NY-NJ-CT area
were adequate for use in transportation conformity determinations.
Additionally, the EPA published an announcement of this adequacy
finding in the Federal Register on November 23, 2022. See 87 FR 71632.
In this action the EPA is proposing to approve the 2008 Ozone Serious
RFP on-road MVEB established for the New York portion of the NY-NJ-CT
area. The EPA is proposing to approve the 2020 MVEB established for the
New York portion of the NY-NJ-CT nonattainment area since these Budgets
are based on the 2011 base year emission inventory that is consistent
with EPA guidance, as discussed in Section III.B. The EPA is also
proposing to approve these Budgets because EPA has now completed its
review of the overall 2008 Ozone Serious RFP plan which demonstrates
the required percent reductions needed for the plan approval.
Ozone Nonattainment New Source Review (NNSR)
New York affirmed in its November 29, 2021, submittal that, because
the State is located entirely in the OTR, regardless of the area's
designation status, NNSR applies state-wide for emissions of ozone
precursor pollutants, VOC and NOX, for new major facilities
or modifications to existing major or minor sources. New major
facilities or modification to existing major or minor facilities in New
York State are subject to the provisions of 6 NYCRR Part 231, ``New
Source Review for New and Modified Facilities.'' See 81 FR 95049
(December 27, 2016). Major-source pollutant thresholds are lower in the
NYMA, however, due to the area's former Severe classification under the
1-hour Ozone NAAQS: 25 tons per year for VOC or NOX, as
opposed to 50 to 100 tons, respectively, throughout the rest of the
State. The NYMA also has a lower significant source project threshold
and significant net emission increase threshold, as well as a more
stringent offset ratio for both precursors.
NNSR requires the application of Lowest Achievable Emission Rate
which is more stringent than RACT. Furthermore, New York certified in
its November 29, 2021 submittal that the State also relies upon Federal
rules such as the National Emission Standards for Hazardous Air
Pollutants (NESHAPs) regulated under CAA section 112. NESHAPs establish
the need to use
[[Page 58209]]
Maximum Achievable Control Technology (MACT), which may be more
stringent than RACT, to control hazardous air pollutants.
The EPA is proposing to approve New York's certification that NNSR
applies state-wide for NOX and VOC emissions from stationary
sources and fully meets the requirements of the CAA for the 2008 8-hour
Ozone NAAQS.
Clean Fuels for Fleets
Clean Air Act Section 182(c)(4) requires States with Ozone
nonattainment areas classified as Serious or above with 1980
populations greater than 250,000 to submit a SIP revision to either
``include such measures as may be necessary to ensure the effectiveness
of the applicable provisions of the clean-fuel vehicle program
prescribed under part C of subchapter II of this chapter'' or to
provide ``a substitute for all or a portion of the clean-fuel vehicle
program prescribed under part C of subchapter II of this chapter.'' The
Clean Fuel Fleets requirement was adopted as part of the 1990 CAA
Amendments and was designed to improve air quality and introduce clean
burning fuels into the market. CAA Sections 243 and 245 included
numerical emissions standards for the Clean Fuel Fleets light- and
heavy-duty vehicles that were intended to encourage innovation,
encourage the purchase of cleaner fleet vehicles and reduce emissions
for fleets of motor vehicles in ozone nonattainment areas classified as
Serious or above as compared to conventionally fueled vehicles
available at the time.\14\ With the implementation of Tier 3 light-duty
standards (40 CFR part 86, subpart S) and the continued implementation
of current heavy-duty vehicle standards (40 CFR part 1036), the 1990
CAA Amendments' Clean Fuel Fleets standards became either less
stringent than or equivalent to the standards that apply to vehicles
and engines today. Because the statute continues to require Clean Fuel
Fleets standards for State clean fuel vehicle programs in Serious and
above ozone nonattainment areas, on June 29, 2021, the EPA revised the
Clean Fuel Fleets requirements in 40 CFR part 88, to provide compliance
options to the where vehicles and engines certified to current
standards would be deemed to comply with the Clean Fuel Fleets
standards as Ultra Low-Emission Vehicles. See 86 FR 34308 (June 29,
2021). This approach enables States to address the Clean Fuel Fleets
requirements by describing in a SIP that any new light- or heavy-duty
vehicle purchased today are certified to current standards under 40 CFR
part 86 and part 1036 or by the California Air Resources Board (CARB)
under its Low Emission Vehicle Program (LEV III) would be deemed to
comply with the Clean Fuel Fleets standards as Ultra Low-Emission
Vehicles.
---------------------------------------------------------------------------
\14\ CAA sections 241(5) ``Definition of a Covered Fleet'' and
246(b) ``Phase-in Requirements'' require that CFFPs apply to fleets
of 10 or more vehicles that are capable of being centrally fueled.
---------------------------------------------------------------------------
New York affirmed in its November 29, 2021, submittal that the
State has satisfied the requirements for clean fuels for fleets. New
on-road motor vehicles sold in New York are subject to the provisions
of 6 NYCRR Part 218, ``Emission Standards for Motor Vehicle Engines.''
Section 177 of the CAA permits States to adopt new motor vehicle
emission standards that are identical to California's. Therefore, in
this already implemented measure, NYSDEC has incorporated the latest
California emission standards for light-duty vehicles through Part 218.
This low-emission vehicle (LEV) regulations provide flexibility to auto
manufacturers by allowing them to certify their vehicle models to one
of several different emissions standards. These consist of several
different tiers of increasingly stringent LEV emission standards to
which a manufacturer may certify a vehicle, including LEV, ultra-low
emission vehicle (ULEV), super-ultra-low-emission vehicle (SULEV), and
ZEV. The different standards are intended to provide flexibility to
manufacturers in meeting program requirements. However, manufacturers
must demonstrate that the overall fleet for each model year meets the
specified non-methane organic gas standard for that year. These
requirements are progressively more stringent with each model year.
A 2016 update to Part 218 incorporated California's latest LEV
standards (LEV III) and ZEV standards into New York's program. These
LEV III amendments took effect for 2017 through 2025 model year
passenger cars, light-duty trucks, and medium-duty passenger vehicles.
The ZEV revisions apply to 2018 through 2025 model year passenger cars,
light-duty trucks, and medium-duty vehicles.
The EPA is proposing to approve New York's certification that the
State has satisfied the requirements for clean fuels for fleets under
the CAA for the 2008 8-hour Ozone NAAQS. New York's program
demonstrates that any new light- or heavy-duty vehicle purchased today
are certified to current standards, including California's LEV III
standards, thus is deemed to comply with the Clean Fuel Fleets
standards as Ultra Low-Emission Vehicles.
IV. EPA's Proposed Action
In this rule, EPA is proposing to approve the SIP revision
submitted by the State of New York on January 29, 2021, for purposes of
meeting the requirement for RACT for the 2008 8-hour Ozone NAAQS in New
York's portion of the NYMA for the Serious classification. The EPA is
also proposing to approve that same submittal for meeting New York's
RACT requirements for the 2015 8-hour Ozone NAAQS in the NYMA and for
meeting the State's requirements for statewide RACT for the 2015 8-hour
Ozone NAAQS within the OTR. The EPA is also proposing to approve
portions of a comprehensive SIP revision submitted by the State of New
York on November 29, 2021, certifying that the State has satisfied the
requirements for an ozone nonattainment new source review program,
certifying that the State has satisfied the requirements for a
nonattainment emission inventory, and certifying that the State has
satisfied the requirements for clean fuels for fleets. EPA is also
proposing to approve New York's reasonable further progress plans and
MVEB for both the Moderate and Serious classifications of the 2008
Ozone NAAQS in the NYMA.
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely 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 proposed 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 14094 (88 FR 21879, April 11,
2023);
[[Page 58210]]
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
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 application of those requirements would be inconsistent
with the Clean Air Act.
In addition, this proposed rulemaking action, pertaining to New
York's submissions, is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The NYSDEC did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2023-18283 Filed 8-24-23; 8:45 am]
BILLING CODE 6560-50-P