[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Proposed Rules]
[Pages 26813-26817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07954]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0748; FRL-11882-01-R9]
Air Plan Revisions; Arizona; Maricopa County Air Quality
Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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[[Page 26814]]
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Maricopa County Air Quality Department (MCAQD)
portion of the Arizona State Implementation Plan (SIP). These revisions
concern emissions of volatile organic compounds (VOCs), oxides of
nitrogen (NOX), particulate matter (PM), and oxides of
sulfur (SOX). We are proposing to approve local rules to
regulate these emission sources under the Clean Air Act (CAA or the
Act). We are taking comments on this proposal and plan to follow with a
final action.
DATES: Comments must be received on or before May 16, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0748 at https://www.regulations.gov. For comments submitted at
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, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For 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. If you need assistance in a
language other than English or if you are a person with a disability
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3245;
email: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rules are the county rescinding, and/or replacing?
B. What is the purpose of the rules and what is the impact of
the EPA's rescissions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the request for rescission, and/or
replacement?
B. Do the rule rescissions, and/or replacements, meet the
evaluation criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules are the county rescinding, and/or replacing?
On September 13, 2017, and November 13, 2023, the Arizona
Department of Environmental Quality (ADEQ) submitted to the EPA
requests from MCAQD to act on a series of rules from the existing SIP,
including the rescission of various local rules. Table 1 lists the SIP-
approved rules proposed to be rescinded from the SIP by this proposed
rule with the dates that they were adopted by the MCAQD and previously
approved into the SIP. We are proposing action on the entire November
13, 2023 submittal (``2023 SIP Submittal'') and a portion of the
September 13, 2017 submittal (``2017 SIP Submittal''). Portions of
other rules from the 2017 SIP Submittal were addressed in other
rulemakings (see Table 3 and 87 FR 42324 (September 15, 2022)), and the
remaining portions of the 2017 SIP Submittal will be addressed in a
future rulemaking.\1\
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\1\ A summary of the status of the 2017 SIP Submittal is
included in the docket for this action. See ``Maricopa
Recodification Project, Submitted 2017, Rules Updates,'' March 2024,
EPA Region 9.
Table 1--Rules To Be Rescinded
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Rule No. Title Local adoption date SIP approval date FR citation
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22.............................. Permit Denial-Action- August 12, 1971............... July 27, 1972................ 37 FR 15080
Transfer-Expiration-
Posting-Revocation-
Compliance.
28.............................. Permit Fees............. March 8, 1982................. June 18, 1982................ 47 FR 26382
32 G............................ Other Industries........ October 1, 1975............... April 12, 1982............... 47 FR 15579
32 H............................ Fuel Burning Equipment October 1, 1975............... April 12, 1982............... 47 FR 15579
for Producing Electric
Power (Sulfur Dioxide).
32 J............................ Operating Requirements June 23, 1980................. April 12, 1982............... 47 FR 15579
for an Asphalt Kettle.
32 K............................ Emissions of Carbon June 23, 1980................. April 12, 1982............... 47 FR 15579
Monoxide.
41 A............................ Monitoring.............. August 12, 1971............... July 27, 1972................ 37 FR 15080
41 B............................ Monitoring.............. October 2, 1978............... April 12, 1982............... 47 FR 15579
42.............................. Testing and Sampling.... August 12, 1971............... July 27, 1972................ 37 FR 15080
74 C............................ Public Notification..... June 23, 1980................. April 12, 1982............... 47 FR 15579
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Table 2 lists the submitted rule sections addressed by this
proposal with the dates that they were adopted by the MCAQD and
submitted by ADEQ on behalf of the MCAQD for inclusion into the SIP.
Table 2--Submitted Rules
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Rule No. Title Local revision date EPA submission date
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320 Section 306................ Odors and Gaseous July 2, 2023................. November 13, 2023.
Air Contaminants,
Limitation--Sulfu
r from Other
Industries.
[[Page 26815]]
320 Section 307................ Odors and Gaseous July 2, 2023................. November 13, 2023.
Air Contaminants,
Operating
Requirements--Asp
halt Kettles and
Dip Tanks.
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On December 4, 2023, the EPA determined that the submittal for
MCAQD Rule 320, section 306 and section 307 from the 2023 SIP
Submittal, met the completeness criteria in 40 CFR part 51 Appendix V.
On March 13, 2018, the 2017 SIP Submittal was deemed by operation of
law to meet the completeness criteria in 40 CFR part 51 Appendix V. SIP
submittals must meet the completeness criteria before formal EPA
review.
B. What is the purpose of the rules and what is the impact of the EPA's
rescissions?
Since initial SIP approval in the 1970s, Maricopa County has
revised many of its rules to comply with the CAA national ambient air
quality standards (NAAQS) requirements, and to implement reasonably
available control technology (RACT) for various source categories in
nonattainment areas. These rules were submitted to the EPA for
incorporation into the Arizona SIP at various times. In 2016, the EPA
reformatted the Arizona SIP as codified in the Code of Federal
Regulations (CFR) into a tabulated ``notebook'' format. While
developing the updated SIP tables for that conversion, the EPA worked
closely with the ADEQ and local air agencies to clarify what was in
their applicable SIP, including older provisions that had not been
updated or replaced to reflect local rulemakings. The result of that
coordination was the MCAQD's 2017 SIP submittal that requests to
rescind or replace many obsolete rules in the federally enforceable SIP
in favor of rules that reflect their current locally enforceable
rulebook. The MCAQD also submitted an updated request on November 13,
2023, to replace Rule 32, sections G and J with Rule 320 sections 306
and 307. The 2023 SIP Submittal request supersedes the 2017 SIP
Submittal request with respect to Rules 32, sections G and J. What
follows is a summary of the rules identified in Table 1 that we are
proposing for rescission and/or replacement in this rulemaking.
Rule 22 states that the Control Officer shall deny or revoke an
Installation Permit and an Operating Permit if the applicant does not
show that every machine, equipment, incinerator, device or other
article usage (units; with or without air pollution control equipment)
does not eliminate or reduce air pollution. If the Control Officer
finds that such units under an Operating Permit are constructed not in
accordance with the Installation Permit, the Control Office shall not
accept any further application for an Operating Permit for these units.
If the units are reconstructed in accordance with the Installation
Permit, they may be permitted an Operating Permit. All permits are non-
transferable and must be affixed to the unit. Rule 22 was superseded by
Rule 200, Rule 210, Rule 220, Rule 240, and Rule 241.\2\
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\2\ 87 FR 8418 (February 15, 2022).
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Rule 28 supplies the fees and fee schedules for Installation
Permits and Annual Operating Permits. Rule 28 was included in the SIP
to meet CAA section 110(a)(2)(L) that requires permitting fees under
the new source review (NSR) preconstruction permitting program, until
it is superseded by the fee requirement under the title V operating
permits program (CAA sections 501-507). Since Maricopa County has an
EPA approved title V operating permits program that includes a fee
rule, permit fees are not required to be in the SIP.\3\
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\3\ Letter dated June 28, 2023, from Philip A. McNeely,
Director, MCAQD, to Matthew Lakin, Acting Director, EPA Region IX,
Subject: ``RE: Rule 28 (Permit Fees) Justification to Rescind from
the Arizona State Implementation Plan (SIP) Without Replacement.''
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The following sections of Rule 32 are the subject of this proposed
rule. The remainder of Rule 32 (sections A, B, C, D, E, and F) were
removed from the SIP on July 15, 2022 (87 FR 42324). Rule 32, section G
states that no person shall discharge sulfur, sulfur dioxide
(SO2), or sulfur equivalent, into the atmosphere in excess
of 10% of the sulfur entering the process as feed. Rule 32, section G
is being rescinded and replaced by analogous requirements in Rule 320,
section 206 (submitted on November 13, 2023). Rule 32, section H
applies to an installation that operate steam power to produce electric
power with a resulting discharge of SO2. With a two-hour
maximum average, new sources shall not emit more than 0.80 pounds of
SO2 per million Btu, and existing sources shall not emit
more than 1.0 pound of SO2 per million Btu when coal or oil
is fired. Existing sources firing on high sulfur oil shall not emit
more than 2.2 pounds of SO2 per million Btu in a two-hour
average maximum. Issued permits prohibit the use of high sulfur oil
unless the applicant demonstrates to the control office that a)
sufficient quantities of low sulfur oil is not available for use, and
b) that the SO2 ambient air quality standards will not be
violated. If an exemption is made, then the permittee must submit
monthly reports to the bureau. The permit shall be modified when
conditions justifying the use of high sulfur oil no longer exist. Rule
32, section H was superseded by Rule 322.\4\ Rule 32, section J states
that asphalt kettles shall be operated with good modern practices
including, but not limited to: (1) maintain temperatures both below the
asphalt flash point and the manufacture maximum recommended
temperature, (2) except when charging, operate Kettles with a closed
lid, (3) pump asphalt from the kettle, (4) draw asphalt through cocks
without dipping, (5) fire kettle with clean burning fuel, and 6)
maintain a clean, properly adjusted and good operating condition
kettle. Rule 32, section J is being rescinded and replaced by analogous
requirements in Rule 320, section 307 (submitted on November 13, 2023).
Rule 32, section K states that the discharge of carbon monoxide (CO)
from any process source shall be effectively controlled by secondary
combustion. Rule 32, section K was superseded by Rule 322 and Rule
323.\5\
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\4\ 87 FR 8418 (February 15, 2022).
\5\ 88 FR 7879 (February 7, 2023).
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Rule 41, section A requires owners, lessees, or operators to
provide, install, maintain, and operate air contaminant monitoring
devices that are required to determine compliance acceptable to the
Control Officer. Owners, lessees, or operators shall also provide
monitoring information in writing to the Control Office, with the
devices available for inspection during all reasonable times. Rule 41,
section A was superseded by Arizona Revised Statute 36-780.\6\ Rule 41,
section B requires owners or operators of fossil fuel-fired steam
generators, fluid bed catalytic cracking unit catalyst regenerators,
sulfuric acid and nitric acid plants to install,
[[Page 26816]]
calibrate, operate, and maintain all monitoring equipment to
continually monitor opacity, NOX, SO2, oxygen and
CO2. The rule provides basic requirements for monitoring
equipment and performance specifications as set forth in Title 40 CFR,
Part 60, Chapter 1, Appendix B. SIP Rule 41, section B also provides
requirements for the calibration of gases, cycling times, monitor
location, combined effluents, span, and data reporting and
recordkeeping. Sources of catalytic cracking unit catalyst
regenerators, sulfuric acid and nitric acid plants that are applicable
to Rule 41, section B are not currently located in Maricopa County.
However, if a new source is constructed in the County for one of these
categories, it will be subject to the New Source Performance Standards
promulgated in 40 CFR part 60 and the New Source Review program, and
would be exempted from Rule 41, section B. Therefore, Rule 41, section
B is unenforceable or superseded by other requirements.
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\6\ 47 FR 26382 (June 18, 1982).
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Rule 41, section B is being rescinded without replacement.
Rule 42 requires that an owner or operator test the openings in a
system, stack, or the stack extension. If the facilities are not
adequate for testing, the Control Office shall supply to the owner or
operator, in writing, the necessary testing requirements for these
facilities. Rule 42 does not specify emission limits or achieve any
emission reductions, nor are any test methods specified in Rule 42.
MCAQD rules now contain a section that identifies test methods for the
rule and EPA reviews those methods when each rule is approved. Rule 42
is being rescinded without replacement.
Rule 74, section C states that the public shall have daily
notifications for the concentrations of total suspended particles, CO,
and ozone based on the Pollution Standard Index. Rule 74, section C was
superseded by Rule 100.\7\
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\7\ 87 FR 8418 (February 15, 2022).
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Additionally, Table 3 identifies rules from the 2017 SIP submittal
that were requested to be rescinded and/or replaced but have since been
superseded by action on other SIP submittals that contained the same
rules.
Table 3--Rules Superseded by Different Rulemakings
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Rule No. Title SIP submittal date SIP approved date FR citation
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100............................. General Provisions and December 20, 2019............. February 15, 2022............ 87 FR 8418
Definitions.
210............................. Title V Permit December 20, 2019............. February 15, 2022............ 87 FR 8418
Provisions.
220............................. Non-Title V Permit December 20, 2019............. February 15, 2022............ 87 FR 8418
Provisions.
322............................. Power Plant Operations.. June 30, 2021................. December 15, 2021............ 87 FR 8046
323............................. Fuel Burning Equipment June 30, 2021................. February 7, 2023............. 88 FR 7879
from Industrial/
Commercial/
Institutional (ICI)
Sources.
336............................. Surface Coating June 22, 2017................. January 1, 2021.............. 86 FR 971
Operations.
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The EPA's technical support document (TSD) has more information
about these rules.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the request for rescission, and/or
replacement?
Once a rule has been approved as part of a SIP, the rescission of
that rule from the SIP constitutes a SIP revision. To approve such a
revision, the EPA must determine whether the revision meets relevant
CAA criteria for stringency, if any, and complies with restrictions on
relaxation of SIP measures under CAA section 110(l), and the General
Savings Clause in CAA section 193 for SIP-approved control requirements
in effect before November 15, 1990.
Stringency: Generally, rules must be protective of the NAAQS, and
must require RACT in nonattainment areas for ozone. Maricopa County is
currently designated as nonattainment for ozone and classified as
Moderate for the 2008 8-hour NAAQS (see 40 CFR 81.303, 81 FR 26699).
Plan Revisions: States must demonstrate that SIP revisions would
not interfere with attainment, reasonable further progress or any other
applicable requirement of the CAA under the provisions of CAA section
110(l) and section 193.
Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. Letter dated February 12, 1990, from Johnnie L. Pearson, Chief
Regional Activities Section, ROB, to Chief, Air Branch, Region I-X,
Subject: ``Review of State Regulation Recodifications.''
B. Do the rule rescissions, and/or replacements, meet the evaluation
criteria?
We have concluded that the rules in Table 1 are appropriate for
rescission, and/or replacement. The rule sections to be rescinded from
the SIP without replacement either have already been superseded in the
SIP by requirements that are at least as stringent or are requirements
that do not address any particular CAA requirements, do not include
definitions that are not otherwise defined elsewhere, do not include
provisions that are necessary to implement or protect any of the NAAQS
and do not fulfill RACT requirements. For the rule sections to be
rescinded and replaced, the requirements are being replaced with
analogous requirements that are at least as stringent. As such, the
removal and/or replacement of the rules covered by this proposed
rulemaking would not impact the overall stringency of the Arizona SIP.
The reasons for the rule rescissions, and/or replacements, can be
summarized into the following categories:
Category 1--Rules that do not establish emission limits or enforce
the NAAQS: Rule 42 and Rule 28.
Category 2--Rules that have been superseded and are no longer
needed in the SIP: Rule 22, Rule 32 sections G, H, and J, Rule 41,
section A, and Rule 74, section C.
Category 3--Unenforceable Rules: Rule 32, section K and Rule 41,
section B.
Category 4--Rules that are being rescinded and replaced: Rule 32,
sections G and J are being replaced by Rules 320, sections 306 and 307.
In sum, the rules being rescinded and/or replaced address local
issues and are no longer needed for the purposes for which SIPs are
developed and approved, namely the implementation,
[[Page 26817]]
maintenance, and enforcement of the NAAQS.
The TSD has more information on our evaluation.
C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the requested rescission of the rules listed in Table 1
above, and subsequent replacement of SIP-approved rules, because they
fulfill all relevant requirements. We will accept comments from the
public on this proposal until May 16, 2024. If we take final action to
approve the rescission, and/or replacement, of the submitted rules, our
final action will remove the rescinded rules from the federally
enforceable SIP, and replace these rules in the federally enforceable
SIP as described.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Maricopa County Air Quality Department, Rule 320, Odors and
Gaseous Air Contaminants, sections 306 and 307, revised on July 2,
2003, which regulate emissions of SO2 from fossil fuel fired
steam generators. In addition, the EPA is proposing to rescind Rule 22,
Rule 28, Rule 32 sections H and K, Rule 41 sections A and B, Rule 42,
and Rule 74 section C from the MCAQD SIP without replacement because
the rules either have already been superseded in the SIP by
requirements that are at least as stringent or are requirements that do
not address any particular CAA requirements, do not include definitions
that are not otherwise defined elsewhere, do not include provisions
that are necessary to implement or protect any of the NAAQS and do not
fulfill RACT requirements. The EPA has made, and will continue to make,
these materials available through https://www.regulations.gov and at
the EPA Region IX Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
IV. 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 proposed 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);
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 proposes to approve a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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.
The 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.'' The 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 State 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. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
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
Executive Order 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter, Recordkeeping requirements, Volatile
organic compounds.
Dated: April 9, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-07954 Filed 4-15-24; 8:45 am]
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