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28264 Federal Register / Vol. 70, No.

94 / Tuesday, May 17, 2005 / Proposed Rules

requirements of section 12(d) of the standard. This action is being taken and cannot contact you for clarification,
National Technology Transfer and under the Clean Air Act (CAA). EPA may not be able to consider your
Advancement Act of 1995 (15 U.S.C. DATES: Written comments must be comment. Electronic files should avoid
272 note) do not apply. As required by received on or before June 16, 2005. the use of special characters, any form
section 3 of Executive Order 12988 (61 ADDRESSES: Submit your comments, of encryption, and be free of any defects
FR 4729, February 7, 1996), in issuing identified by Regional Material in or viruses.
this proposed rule, EPA has taken the EDocket (RME) ID Number R03–OAR– Docket: All documents in the
necessary steps to eliminate drafting 2005–WV–0001 by one of the following electronic docket are listed in the RME
errors and ambiguity, minimize methods: index at http://www.docket.epa.gov/
potential litigation, and provide a clear A. Federal eRulemaking Portal: rmepub/. Although listed in the index,
legal standard for affected conduct. EPA http://www.regulations.gov. Follow the some information is not publicly
has complied with Executive Order on-line instructions for submitting available, i.e., CBI or other information
12630 (53 FR 8859, March 15, 1988) by comments. whose disclosure is restricted by statute.
examining the takings implications of B. Agency Web site: http:// Certain other material, such as
the rule in accordance with the www.docket.epa.gov/rmepub/ RME, copyrighted material, is not placed on
‘‘Attorney General’s Supplemental EPA’s electronic public docket and the Internet and will be publicly
Guidelines for the Evaluation of Risk comment system, is EPA’s preferred available only in hard copy form.
and Avoidance of Unanticipated method for receiving comments. Follow Publicly available docket materials are
Takings’’ issued under the executive the on-line instructions for submitting available either electronically in RME or
order. This proposed rule pertaining to comments. in hard copy during normal business
the attainment demonstration and EAP C. E-mail: campbell.dave@epa.gov. hours at the Air Protection Division,
for the Northern Shenandoah Valley D. Mail: R03–OAR–2005–WV–0001, U.S. Environmental Protection Agency,
Ozone EAC Area does not impose an David Campbell, Chief, Air Quality Region III, 1650 Arch Street,
information collection burden under the Planning Branch, Mailcode 3AP21, U.S. Philadelphia, Pennsylvania 19103.
provisions of the Paperwork Reduction Environmental Protection Agency, Copies of the State submittal are
Act of 1995 (44 U.S.C. 3501 et seq.). Region III, 1650 Arch Street, available at the West Virginia
Philadelphia, Pennsylvania 19103. Department of Environmental
List of Subjects in 40 CFR Part 52 Protection, Division of Air Quality, 7012
E. Hand Delivery: At the previously-
Environmental protection, Air listed EPA Region III address. Such MacCorkle Avenue, SE., Charleston,
pollution control, Nitrogen dioxide, deliveries are only accepted during the West Virginia 25304–2943.
Ozone, Reporting and record-keeping Docket’s normal hours of operation, and FOR FURTHER INFORMATION CONTACT: Rose
requirements, Volatile organic special arrangements should be made Quinto, (215) 814–2182, or by e-mail at
compounds. for deliveries of boxed information. quinto.rose@epa.gov.
Authority: 42 U.S.C. 7401 et seq. Instructions: Direct your comments to SUPPLEMENTARY INFORMATION: On
Dated: May 3, 2005. RME ID No. R03–OAR–2005–WV–0001. December 29, 2004, the State of West
Donald S. Welsh,
EPA’s policy is that all comments Virginia submitted a revision to its SIP.
received will be included in the public This revision consists of the Early
Regional Administrator, Region III.
docket without change, and may be Action Plan (EAP) for the Eastern
[FR Doc. 05–9784 Filed 5–16–05; 8:45 am] made available online at http:// Panhandle Region Ozone EAC Area
BILLING CODE 6560–50–P www.docket.epa.gov/rmepub/, which consists of Berkeley and Jefferson
including any personal information Counties.
provided, unless the comment includes
ENVIRONMENTAL PROTECTION information claimed to be Confidential I. Background
AGENCY Business Information (CBI) or other In 1997, EPA established a new 8-
information whose disclosure is hour ozone NAAQS that addresses the
40 CFR Part 52
restricted by statute. Do not submit longer-term impact of ozone at lower
information that you consider to be CBI levels. As such, the new standard is set
[R03–OAR–2005–WV–0001; FRL–7914–1] or otherwise protected through RME, at a lower level, 0.08 parts per million
regulations.gov or e-mail. The EPA RME (ppm) than the previous 1-hour
Approval and Promulgation of Air
and the Federal regulations.gov Web standard, 0.120 ppm, and is more
Quality Implementation Plans; West
sites are an ‘‘anonymous access’’ protective of human health. Attainment
Virginia, Attainment Demonstration for
system, which means EPA will not of the 8-hour ozone standard is
the Eastern Panhandle Region Ozone
know your identity or contact determined by averaging three years of
Early Action Compact Area
information unless you provide it in the the fourth highest 8-hour ozone levels as
AGENCY: Environmental Protection body of your comment. If you send an recorded by ambient air quality
Agency (EPA). e-mail comment directly to EPA without monitor(s) in an area. This number,
ACTION: Proposed rule. going through RME or regulations.gov, called the design value, must be lower
your e-mail address will be than 85 parts per billion (ppb) to
SUMMARY: EPA is proposing to approve automatically captured and included as comply with the standard. Currently,
a State Implementation Plan (SIP) part of the comment that is placed in the Berkeley and Jefferson Counties’ official
revision submitted by the State of West public docket and made available on the design value based on quality-assured
Virginia. This proposed revision Internet. If you submit an electronic air quality data for the period 2001–
consists of an Early Action Compact comment, EPA recommends that you 2003 is 86 ppb.1
(EAC) Plan that will enable the Eastern include your name and other contact
1 To attain the 8-hour national ambient air quality
Panhandle Region Ozone EAC Area to information in the body of your
standard (NAAQS) for ozone requires the fourth
demonstrate attainment and comment and with any disk or CD–ROM highest 8-hour daily maximum ozone
maintenance of the 8-hour ozone you submit. If EPA cannot read your concentration, average over three consecutive years,
national ambient air quality (NAAQS) comment due to technical difficulties to be ≤ 80 parts per billion (ppb) at each monitoring

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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed Rules 28265

To begin to address the elevated required by the Act for compliance with II. Summary of SIP Revision
ozone concentrations in the Eastern the 8-hour ozone standard. These states A. Content of the Eastern Panhandle
Panhandle Region, the West Virginia and local communities had to meet Region EAC Attainment Demonstration
Department of Environmental Protection specific criteria and agreed to meet
(WVDEP) investigated voluntary actions certain milestones for development and As part of its EAP plan, West Virginia
that could be implemented proactively implementation of their individual EAC developed an attainment demonstration
to improve air quality. West Virginia agreements. States with communities supported by an ozone photochemical
found the most promising of all the modeling study developed for the
participating in the EAC program had to
options explored is EPA’s EAC program. Eastern Panhandle Region EAC Area.
submit plans for meeting the 8-hour
EAC’s are voluntary agreements entered The attainment demonstration identifies
ozone standard by December 31, 2004,
into by affected local jurisdictions, state a set of measures that will result in
rather than the June 15, 2007 deadline emission reductions and provides
regulatory agencies, and EPA to develop applicable to all other areas not meeting
EAPs to reduce ozone precursor analyses that predict that the measures
the standard. The EACs required result in ambient air quality
pollutants, such as nitrogen oxides
communities to develop and implement concentrations that meet the 8-hour
(NOX) and volatile organic compounds
(VOCs) and improve local air quality. air pollution control strategies, account ozone standard in the Eastern
The goal of the EAP is to bring about a for emissions growth, and demonstrate Panhandle Region EAC Area.
positive change to local air quality on a attainment and maintenance of the 8- The attainment demonstration was
schedule that is faster than the hour ozone standard. Greater details on supported by results of the
traditional regulatory nonattainment the EAC program are explained in EPA’s photochemical modeling analysis and
area designation and air quality December 16, 2003 (68 FR 70108) technical documentation for all ozone
planning process. These plans include proposed Federal Register notice monitors in the Eastern Panhandle
the same components of traditional SIPs entitled, ‘‘Deferral of Effective Date of Region EAC Area. EPA believes that the
for nonattainment areas: emissions Nonattainment Designations for 8-hour WVDEP’s EAC 8-hour ozone
inventories, control strategies, schedules Ozone National Ambient Air Quality photochemical modeling study
and commitments, and a demonstration Standards for Early Action Compact developed for the Eastern Panhandle
of attainment based on photochemical Areas.’’ In December 2002, the Eastern Region EAC Area meets EPA’s current
modeling. Panhandle Region entered into an EAC modeling requirements. West Virginia
The goal of an EAP is to develop a with both West Virginia and EPA. This has adequately followed all relevant
comprehensive strategy that will allow compact was signed by all parties EPA guidance in demonstrating that the
an area to achieve attainment of the 8- involved and then submitted to EPA by Eastern Panhandle Region EAC Area
hour ozone standard by 2007. This goal the required date of December 31, 2002. will attain the 8-hour ozone NAAQS in
is accomplished by selecting and 2007, and continue to do so in 2012.
implementing the local ozone precursor On April 15, 2004, EPA designated all The modeling results predict the
pollutant control measures and other areas for the 8-hour ozone standard. maximum 2007 8-hour ozone design
state and nationally-implemented EPA deferred the effective date of value for this Area to be 81.8 ppb,
control measures that reduce emissions nonattainment designations for EAC which is less than what is needed (≤84
and allows the area to comply with the areas that were violating the 8-hour ppb) to show modeled attainment of the
NAAQS for ozone. Areas successful in standard, but continued to meet their 8-hour ozone NAAQS.
developing a plan that demonstrates established EAC milestones. On April The attainment modeling information
attainment of the 8-hour ozone standard 30, 2004 (69 FR 23858), EPA published presented in this notice should be used
by 2007 will receive a deferral of the its formal air quality designations and in conjunction with the States’s SIP
effective date of the nonattainment classifications for the 8-hour ozone submittal and EPA’s technical support
designation for the area from EPA. This standard. This action included the document (TSD), as certain modeling
deferral will remain in place as long as deferral of the effective date for all requirements performed by the State
certain milestones are met, such as nonattainment areas that entered into (i.e., details of the quality assurance
implementation of local controls by EACs and developed EAPs, including performed, detailed analysis of data
2005. If the interim milestones are met the Eastern Panhandle Region Ozone suitability, complete listings of all data
and the area demonstrates attainment of EAC Area. Specifically, the Berkeley inputs and outputs, etc.) are not
the standard during the period from and Jefferson Counties were designated reproduced in this notice.
2005 to 2007, based on quality-assured as a ‘‘basic’’ nonattainment area with B. Measures Included in the EAC SIP
air quality data, then the nonattainment the effective date of the designation
designations will be withdrawn by EPA The Eastern Panhandle Region EAP is
deferred to September 30, 2005. In a
and the area will face no further designed to enable a proactive approach
separate notice, EPA expects to continue
regulatory requirements. If an area fails to ensuring attainment of the 8-hour
to officially defer the effective date of NAAQS. Using the EAP approach, the
at any point in the process, the
nonattainment designation for this Area, Eastern Panhandle Region EAC Area
nonattainment designation will become
among others, in the future so long as will be implementing emission-
effective, along with the associated
regulatory requirements of such a the Area continues to fulfill its EAC reduction measures directed at attaining
designation. obligations, including semi-annual the 8-hour standard starting in 2005.
In December 2002, a number of states reporting requirements, implementation The Area is then required to
entered into EAC agreements, pledging of the measures in its EAP by December demonstrate compliance with the 8-
to reduce emissions earlier than 31, 2005, and a progress assessment by hour ozone standard by 2007, and
June 30, 2006. EPA anticipates maintenance of that standard through
site (See 40 CFR Part 50.10, Appendix I, paragraph extending the currently effective 2012. Compliance with the standard
2.3). Because of the stipulations for rounding deferral for all EAC areas from will be determined using ozone
significant figures, this equates to a modeled
attainment target of ≤ 84 ppb. Because non-
September 30, 2005 until December 31, monitoring data.
significant figures are truncated, a modeling 2006, provided the above conditions are The EAP control measures for the
estimate of < 85 ppb is equivalent to ≤ 84 ppb. met. Eastern Panhandle Region EAC Area

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28266 Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed Rules

consist of local and Federal emission assist the area in meeting attainment of technology (RACT) to control VOCs;
reduction strategies. Control measures the standard in 2007, can be found in alternative fuels program; truck-stop
to be implemented on the local level the TSD prepared in support of this electrification to discourage engine
include a suite of non-regulatory rulemaking. idling; and, the sale of lower Reid Vapor
measures which include: Ozone action Pressure (RVP) gasoline in the area.
C. Maintenance for Growth
days geared toward both the general
Consistent with EPA guidance, the III. Proposed Action
public and employers; public awareness
program that focuses on increasing the EAP also contains components to ensure EPA is proposing to approve the
public’s understanding of air quality maintenance of the 8-hour ozone attainment demonstration and the EAP
issues; bicycle and pedestrian measures standard through 2012, five years for the West Virginia Eastern Panhandle
designed to promote bicycling and beyond the 2007 attainment date. The Region EAC Area. The modeling of the
walking; reduced engine idling for Eastern Panhandle Region EAC Area has ozone and ozone precursor emissions
trucks and school buses; voluntary developed an emissions inventory for from sources affecting the Eastern
ground freight partnership program the year 2012, as well as a continuing Panhandle Region EAC Area
using incentives to reduce emissions; planning process to address this demonstrates that the specified control
increased public awareness of essential part of the plan. Due to the strategies will provide for attainment of
compliance with open burning emission control measures identified in the 8-hour ozone NAAQS by December
restrictions; and, school bus engine the EAP, the emissions inventory 31, 2007 and maintenance of that
retrofits to lower emissions. Though not predicted an overall reduction in standard through 2012. To date, the
included in the modeled demonstration emissions through 2012. From 1999 to Eastern Panhandle Region EAC Area has
of attainment, emission reductions from 2007, nominal increases in VOCs met all of its EAC milestones and, as
the implementation of these measures emissions are expected. By 2012, VOC long as the Area continues to meet the
will provide additional air quality emissions will be consistent with 1999 agreed upon milestones, the
benefits to the Eastern Panhandle emission levels. For NOX, emissions are nonattainment designation for this Area
Region EAC Area. expected to decline from 1999 to 2007 will be deferred until September 30,
In addition to local strategies, the by 7.9 percent. By 2012, emissions are 2005. EPA is soliciting public comments
attainment demonstration for the predicted to be 3.2 percent less than on the issues discussed in this
Eastern Panhandle Region EAP includes those modeled in 2007 for NOX. Using document. These comments will be
emission reductions from several air quality models to anticipate the considered before taking final action.
Federal programs, including but not impact of growth, as well as the Federal,
IV. Statutory and Executive Order
limited to the following: NOX SIP Call; state-assisted, and locally-implemented
Reviews
exhaust emission standards for light- measures to reduce emissions, West
duty vehicles (passenger cars) and light- Virginia has projected the Area will be Under Executive Order 12866 (58 FR
duty trucks; Tier 2 vehicle and gasoline in attainment of the 8-hour ozone 51735, October 4, 1993), this proposed
sulfur program; heavy duty diesel standard in 2007 and will remain in action is not a ‘‘significant regulatory
engine and fuel sulfur program; and, attainment through 2012. action’’ and therefore is not subject to
non-road diesel engine standards (Tier I To fulfill the continuing planning review by the Office of Management and
and Tier II.) process that will ensure that the Eastern Budget. For this reason, this action is
The NOX SIP Call (63 FR 58356, Panhandle Region EAC Area will also not subject to Executive Order
October 27, 1998) required states to maintain the 8-hour ozone standard 13211, ‘‘Actions Concerning Regulations
implement reductions necessary to through 2012, the Eastern Panhandle That Significantly Affect Energy Supply,
address the ozone transport problem, Region EAP establishes a commitment Distribution, or Use’’ (66 FR 28355 (May
and on May 10, 2002, West Virginia and mechanism to work with local 22, 2001)). This action merely proposes
submitted its NOX Budget Trading stakeholders to identify and require to approve state law as meeting Federal
Program to meet its Phase I NOX SIP additional measures to further reduce requirements and imposes no additional
Call obligations. West Virginia’s Phase I ozone precursor emissions. In addition, requirements beyond those imposed by
program applies to electric generating the EAC signatories and implementing state law. Accordingly, the
units that serve a generator greater than agencies will review all EAC activities Administrator certifies that this
25 megawatts and to industrial units and report on these results in semi- proposed rule will not have a significant
greater than 250 mmBTU/hr. EPA annual reports beginning in June 2006. economic impact on a substantial
approved West Virginia’s NOX Budget The semi-annual reports will track and number of small entities under the
Program on May 10, 2002 (67 FR 31733). document, at a minimum, control Regulatory Flexibility Act (5 U.S.C. 601
The photochemical modeling that strategy implementation and results, et seq.). Because this rule proposes to
demonstrates attainment for the Eastern monitoring data, and future plans. approve pre-existing requirements
Panhandle Region EAC Area relies upon Furthermore, as part of the SIP under state law and does not impose
expected benefits from the NOX Budget submittal, the Eastern Panhandle Region any additional enforceable duty beyond
Trading Program throughout the EAC Area commits to submit periodic that required by state law, it does not
modeling domain. updates to WVDEP and EPA on the contain any unfunded mandate or
All these measures have been implementation status and results of the significantly or uniquely affect small
developed to address the creation of local control program with sufficient governments, as described in the
ozone producing emissions in the local details to make program sufficiency Unfunded Mandates Reform Act of 1995
areas as well as to lessen the transport determinations. Although not required (Pub. L. 104–4). This proposed rule also
of ozone into the area as a by EPA, the Eastern Panhandle Region does not have a substantial direct effect
comprehensive approach to reducing EAP contains contingency measures on one or more Indian tribes, on the
ozone levels. A detailed description of which could be implemented in relationship between the Federal
all the control measures, including response to any unexpected shortfall in Government and Indian tribes, or on the
those that were in the attainment anticipated reductions. These additional distribution of power and
demonstration as well as those strategies include: Implementation of responsibilities between the Federal
additional measures that are expected to WVDEP reasonably available control Government and Indian tribes, as

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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed Rules 28267

specified by Executive Order 13175 (65 Dated: May 3, 2005. C. E-mail: campbell.dave@epa.gov.
FR 67249, November 9, 2000), nor will Donald S. Welsh, D. Mail: R03–OAR–2005–VA–0006,
it have substantial direct effects on the Regional Administrator, Region III. Dave Campbell, Chief, Air Quality
States, on the relationship between the [FR Doc. 05–9785 Filed 5–16–05; 8:45 am] Planning Branch, Mailcode 3AP21, U.S.
national government and the States, or BILLING CODE 6560–50–P
Environmental Protection Agency,
on the distribution of power and Region III, 1650 Arch Street,
responsibilities among the various Philadelphia, Pennsylvania 19103.
levels of government, as specified in ENVIRONMENTAL PROTECTION E. Hand Delivery: At the previously-
Executive Order 13132 (64 FR 43255, AGENCY listed EPA Region III address. Such
August 10, 1999), because it merely deliveries are only accepted during the
proposes to approve a state rule 40 CFR Part 52 Docket’s normal hours of operation, and
implementing a Federal standard, and special arrangements should be made
[R03–OAR–2005–VA–0006; FRL–7913–6]
does not alter the relationship or the for deliveries of boxed information.
Approval and Promulgation of Air Instructions: Direct your comments to
distribution of power and
Quality Implementation Plans; RME ID No. R03–OAR–2005–VA–0006.
responsibilities established in the Clean
Commonwealth of Virginia; Emission EPA’s policy is that all comments
Air Act. This proposed rule also is not
Standards for Solvent Cleaning received will be included in the public
subject to Executive Order 13045 (62 FR
Operations Using Non-Halogenated docket without change, and may be
19885, April 23, 1997), because it is not made available online at http://
economically significant. Solvents
www.docket.epa.gov/rmepub/,
In reviewing SIP submissions, EPA’s AGENCY: Environmental Protection including any personal information
role is to approve state choices, Agency (EPA). provided, unless the comment includes
provided that they meet the criteria of ACTION: Proposed rule. information claimed to be Confidential
the Clean Air Act. In this context, in the Business Information (CBI) or other
absence of a prior existing requirement SUMMARY: EPA proposes to approve the information whose disclosure is
for the State to use voluntary consensus State Implementation Plan (SIP) restricted by statute. Do not submit
standards (VCS), EPA has no authority revision submitted by the information that you consider to be CBI
to disapprove a SIP submission for Commonwealth of Virginia which or otherwise protected through RME,
failure to use VCS. It would thus be consists of regulatory modifications regulations.gov or e-mail. The EPA RME
inconsistent with applicable law for intended to clarify the applicability of and the Federal regulations.gov Web
EPA, when it reviews a SIP submission, the solvent metal cleaning operations sites are an ‘‘anonymous access’’
to use VCS in place of a SIP submission using non-halogenated solvents system, which means EPA will not
that otherwise satisfies the provisions of provisions. In the Final Rules section of know your identity or contact
the Clean Air Act. Thus, the this Federal Register, EPA is approving information unless you provide it in the
requirements of section 12(d) of the the State’s SIP submittal as a direct final body of your comment. If you send an
National Technology Transfer and rule without prior proposal because the e-mail comment directly to EPA without
Advancement Act of 1995 (15 U.S.C. Agency views this as a noncontroversial going through RME or regulations.gov,
272 note) do not apply. As required by submittal and anticipates no adverse your e-mail address will be
section 3 of Executive Order 12988 (61 comments. A detailed rationale for the automatically captured and included as
FR 4729, February 7, 1996), in issuing approval is set forth in the direct final part of the comment that is placed in the
this proposed rule, EPA has taken the rule. If no adverse comments are public docket and made available on the
necessary steps to eliminate drafting received in response to this action, no Internet. If you submit an electronic
errors and ambiguity, minimize further activity is contemplated. If EPA comment, EPA recommends that you
potential litigation, and provide a clear receives adverse comments, the direct include your name and other contact
legal standard for affected conduct. EPA final rule will be withdrawn and all information in the body of your
has complied with Executive Order public comments received will be comment and with any disk or CD-ROM
12630 (53 FR 8859, March 15, 1988) by addressed in a subsequent final rule you submit. If EPA cannot read your
examining the takings implications of based on this proposed rule. EPA will comment due to technical difficulties
the rule in accordance with the not institute a second comment period. and cannot contact you for clarification,
‘‘Attorney General’s Supplemental Any parties interested in commenting EPA may not be able to consider your
Guidelines for the Evaluation of Risk on this action should do so at this time. comment. Electronic files should avoid
and Avoidance of Unanticipated DATES: Comments must be received in the use of special characters, any form
Takings’ issued under the executive writing by June 16, 2005. of encryption, and be free of any defects
order. This proposed rule pertaining to ADDRESSES: Submit your comments, or viruses.
the attainment demonstration and EAP identified by Regional Material in Docket: All documents in the
for the Eastern Panhandle Region Ozone EDocket (RME) ID Number R03–OAR– electronic docket are listed in the RME
EAC Area, does not impose an 2005–VA–0006 by one of the following index at http://www.docket.epa.gov/
information collection burden under the methods: rmepub/. Although listed in the index,
provisions of the Paperwork Reduction A. Federal eRulemaking Portal: some information is not publicly
Act of 1995 (44 U.S.C. 3501 et seq.). http://www.regulations.gov. Follow the available, i.e., CBI or other information
on-line instructions for submitting whose disclosure is restricted by statute.
List of Subjects in 40 CFR Part 52 comments. Certain other material, such as
B. Agency Web site: http:// copyrighted material, is not placed on
Environmental protection, Air www.docket.epa.gov/rmepub/ RME, the Internet and will be publicly
pollution control, Nitrogen dioxide, EPA’s electronic public docket and available only in hard copy form.
Ozone, Reporting and recordkeeping comment system, is EPA’s preferred Publicly available docket materials are
requirements, Volatile organic method for receiving comments. Follow available either electronically in RME or
compounds. the on-line instructions for submitting in hard copy during normal business
Authority: 42 U.S.C. 7401 et seq. comments. hours at the Air Protection Division,

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