[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 33748-33753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15953]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[KY-074-1-6948; FRL-5223-5]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Commonwealth of Kentucky
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a maintenance plan and a request to
redesignate the Kentucky portion of the Ashland-Huntington
nonattainment area from nonattainment to attainment for ozone (O3)
submitted on November 12, 1993, by the Commonwealth of Kentucky through
the Natural Resources and Environmental Protection Cabinet (Cabinet).
The Kentucky portion of the moderate O3 nonattainment area
includes Boyd County and a portion of Greenup County. EPA is also
approving the Commonwealth of Kentucky's 1990 baseline emissions
inventory because it meets EPA's requirements regarding the approval on
baseline emission inventories.
EFFECTIVE DATE: June 29, 1995.
ADDRESSES: Copies of the documents relative to this action are
available for public inspection during normal business hours at the
following locations. The interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, NE, Atlanta, Georgia 30365.
Commonwealth of Kentucky, Natural Resources and Environmental
Protection Cabinet, Department for Environmental Protection, Division
for Air Quality, 803 Schenkel Lane, Frankfort, Kentucky 40601.
FOR FURTHER INFORMATION CONTACT: Scott Southwick, Regulatory Planning
and Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is
404/347-3555 extension 4207. Reference file KY-074-1-6948.
SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act
Amendments of 1990 (CAA) were
[[Page 33749]]
enacted. (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q). Under section 107(d)(1)(C) of the CAA, EPA designated Boyd
County of the Ashland-Huntington area as nonattainment by operation of
law with respect to O3, because the area was designated
nonattainment immediately before November 15, 1990. The nonattainment
area was expanded to include portions of Greenup County per section
107(d)(1)(A)(i) of the CAA (See 56 FR 56694 (Nov. 6, 1991) and 57 FR
56762 (Nov. 30, 1992), codified at 40 CFR 81.318.) The area was
classified as moderate.
The moderate nonattainment area has ambient monitoring data that
show no violations of the O3 National Ambient Air Quality Standard
(NAAQS) during the period from 1991 through 1993. Therefore, on
November 12, 1992, West Virginia requested to redesignate their portion
of the Ashland-Huntington nonattainment area and the request was
approved on December 21, 1994, by Region 3 (59 FR 65719). Also,
Kentucky, on November 12, 1993, submitted for parallel processing an
O3 maintenance plan and requested redesignation of the area to
attainment with respect to the O3 NAAQS and EPA found the request
complete. On May 24, 1995, the Cabinet revised the maintenance plan to
address public comments, and EPA comments sent to the Cabinet in
letters dated December 16, 1993, and May 5, 1994.
On February 7, 1994, Region 4 determined that the information
received from the Cabinet constituted a complete redesignation request
under the general completeness criteria of 40 CFR 51, appendix V,
sections 2.1 and 2.2. However, for purposes of determining what
requirements are applicable for redesignation purposes, EPA believes it
is necessary to identify when the Cabinet first submitted a
redesignation request that meets the completeness criteria. EPA noted
in a previous policy memorandum that parallel processing requests for
submittals under the amended CAA, including redesignation submittals,
would not be determined complete. See ``State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air Act (Act) Deadlines,''
Memorandum from John Calcagni to Air Programs Division Directors,
Regions 1-10, dated October 28, 1992 (Memorandum). The rationale for
this conclusion was that the parallel processing exception to the
completeness criteria (40 CFR 51, appendix V, section 2.3) was not
intended to extend statutory due dates for mandatory submittals. (See
Memorandum at 3-4). However, since requests for redesignation are not
mandatory submittals under the CAA, EPA changed its policy with respect
to redesignation submittals to conform to the existing completeness
criteria. Therefore, EPA believes the parallel processing exception to
the completeness criteria may be applied to redesignation request
submittals, at least until such time as the EPA decides to revise that
exception (See 58 FR 38108 ``Approval and Promulgation of Maintenance
Plan and Designation of Areas for Air Quality Planning Purposes for
Carbon Monoxide, State of New York'' published July 15, 1993, and
``State Implementation Plans (SIP) Actions submitted in Response to
Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni to Air
Program Directors, Region 1-10, dated October 28, 1992).
The Cabinet's redesignation request for the Kentucky portion of the
Ashland/Huntington moderate O3 nonattainment area meets the five
requirements of section 107(d)(3)(E) of the CAA for redesignation to
attainment. The following is a brief description of how the
Commonwealth of Kentucky has fulfilled each of these requirements.
Because the maintenance plan is a critical element of the redesignation
request, EPA will discuss its evaluation of the maintenance plan under
its analysis of the redesignation request.
1. The Area Must Have Attained the O3 NAAQS
The Cabinet's request is based on an analysis of quality assured
ambient air quality monitoring data which is relevant to the
maintenance plan and to the redesignation request. The ambient air
quality monitoring data for calendar years 1991 through 1993
demonstrates attainment of the standard. Kentucky has also committed to
continue monitoring the moderate nonattainment area. Therefore,
Kentucky has met this requirement.
2. The Area Has Met all Applicable Requirements Under Section 110 and
Part D of the CAA
EPA reviewed the Kentucky SIP and in the proposal document, EPA
stated that except for sections 182(b)(2) and 182(f) requirements of
the CAA, the Kentucky SIP contains all measures due under the amended
CAA prior to or at the time the Cabinet submitted its redesignation
request. Both sections 182(b)(2) and 182(f) requirements have now been
met and are detailed below. For detailed information regarding
applicable requirements other than section 182(f), refer to the
proposed document published December 16, 1994 (59 FR 65000).
A. Section 182(a)(1)--Emissions Inventory
Kentucky has met this requirement. This notice gives final approval
of the emission inventory. For detailed information regarding this
requirement, refer to the proposal document.
B. Section 182(a)(2), 182(b)(2)--Reasonably Available Control
Technology (RACT)
The proposal document stated that the Ashland-Huntington area would
not be redesignated until the Calgon Corporation source specific SIP
revision was approved. A document approving this source specific SIP
revision was published on May 24, 1995, and the SIP revision became
effective on June 16, 1995. See the proposal document for more detailed
information. Therefore, Kentucky has met the requirement of RACT on all
major sources of VOCs for O3 nonattainment areas designated
moderate and above.
C. Section 182(a)(3)--Emissions Statements
On January 15, 1993, the Cabinet submitted a revision to the SIP to
require emission statements. EPA commented on this SIP revision. In the
proposal document, EPA stated that revisions were needed to the
emission statement rule before EPA would approve the rule. The Cabinet
submitted a second and different SIP package on December 29, 1994,
which addressed EPA comments and met the federal requirements for
emission statements. EPA published the approval of this second SIP
revision on May 2, 1995, which became effective on July 10, 1995. For
more details on the requirement of emission statements see the proposal
document. Kentucky has met the emission statement requirement.
D. Section 182(b)(1)--15% Progress Plans
With the approval of this redesignation request, the requirement to
submit a 15% plan is obviated because the redesignation request
predated the requirement for a 15% plan. See proposal document for more
detail.
E. Section 182(b)(3)--Stage II
On January 24, 1994, EPA promulgated the on board vapor recovery
rule (OBVR). Section 202(a)(b) of the CAA provides that once the rule
is promulgated, moderate areas are no longer required to implement
Stage II. Thus, the Stage II vapor recovery requirement of section
182(b)(3) is no
[[Page 33750]]
longer an applicable requirement. See proposal document for more
detail.
F. Section 182(b)(4)--Motor Vehicle Inspection and Maintenance (I/M)
With the approval of this redesignation request, the requirement to
submit a motor vehicle inspection and maintenance (I/M) rule is
obviated because the redesignation request predated the requirement for
a 15% plan. See proposal document for more detail.
G. Section 182(b)(5)--New Source Review (NSR)
Kentucky has met this requirement. For detailed information
regarding this requirement, refer to the proposal document.
H. Section 182(f)--Oxides of Nitrogen (NOX) Requirements
This redesignation request predated the November 15, 1993,
requirement for the submittal of NOX RACT rules. However, the
Cabinet has submitted a 182(f) NOX requirements exemption. Action
on the exemption request will be taken in a different document. For
detailed information regarding this requirement, refer to the proposal
document.
3. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA
EPA has determined that Kentucky has a fully approved O3 SIP
under section 110(k) for the moderate nonattainment area.
4. The Air Quality Improvement Must Be Permanent and Enforceable
Several control measures have come into place since the Ashland-
Huntington nonattainment area violated the O3 NAAQS. Of these
control measures, the reduction of fuel volatility from 10.5 psi in
1988 to 9.0 psi in 1992, as measured by the Reid Vapor Pressure (RVP),
and fleet turnover due to the Federal Motor Vehicle Control Program
(FMVCP) produced the most significant decreases in VOC emissions. The
table below lists the actual enforceable emission reductions in tons
per day (tpd) which are responsible for the recent air quality
improvement in the Kentucky portion of the nonattainment area. The VOC
emissions in the base year are not artificially low due to a depressed
economy.
Reductions in VOC and NOX Emissions From 1990 to 1993
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VOC (tpd) NOX (tpd)
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3.88....................................................... 0.28
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5. The Area Must Have a Fully Approved Maintenance Plan Pursuant to
Section 175A of the CAA
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan must demonstrate continued attainment of the applicable NAAQS
for at least ten years after the Administrator approves a redesignation
to attainment. Eight years after the redesignation, the state must
submit a revised maintenance plan which demonstrates attainment for the
ten years following the initial ten-year period. To provide for the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, with a schedule for implementation,
adequate to assure prompt correction of any air quality problems.
EPA is approving the Commonwealth of Kentucky's maintenance plan
for the Ashland-Huntington nonattainment area because EPA finds that
the Commonwealth of Kentucky's submittal meets the requirements of
section 175A.
A. Emissions Inventory--Base Year Inventory
On November 13, 1992, the Commonwealth of Kentucky submitted
comprehensive inventories of VOC, NOX, and carbon monoxide (CO)
emissions from the Ashland-Huntington nonattainment area. The inventory
included biogenic, area, stationary, and mobile sources using 1990 as
the base year for calculations to demonstrate maintenance. The 1990
inventory was projected to a 1993 attainment inventory using population
growth rates. The 1993 inventory can serve as an attainment inventory
because the O3 NAAQS was not violated during the 1993 calendar
year. The CO and the biogenic VOC values are included as a part of the
1990 base year emission inventory.
The Commonwealth of Kentucky submittal contains the detailed
inventory data and summaries by county and source category. Finally,
this inventory was prepared in accordance with EPA guidance. A summary
of the base year and projected maintenance year inventories are
included in this document for VOCs and NOX. This document approves
the base year inventory for the Ashland-Huntington area.
CO Emission Inventory Summary for 1990 (TPD)
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Point Area Mobile Non-road Total
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Emissions for 1990............................. 133.03 2.41 59.90 14.42 209.76
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Biogenic Emission Inventory (TPD) Summary for 1990
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Biogenic
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Emissions for 1990......................................... 23.60
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B. Demonstration of Maintenance--Projected Inventories
As summarized in the following tables, totals for VOC, and NOX
emissions were projected from the 1990 base year, to the 1993
attainment year and out to 2005. These projected inventories were
prepared in accordance with EPA guidance.
[[Page 33751]]
Kentucky Portion of the Ashland-Huntington VOC Projection Inventory Summary (TPD)
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1993 attain
1990 base base 1996 proj 1999 proj 2002 proj 2005 proj
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Point............................. 34.81 33.79 34.12 34.10 34.10 34.10
Area.............................. 3.8 3.9 3.68 4.09 4.12 4.20
Mobile............................ 12.43 8.60 8.55 9.40 7.95 7.86
Total........................... 51.04 46.29 46.35 47.60 46.17 46.16
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Kentucky Portion of the Ashland-Huntington NOX Projection Inventory Summary (TPD)
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1993 attain
1990 base base 1996 proj 1999 proj 2002 proj 2005 proj
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Point............................. 25.71 25.59 25.77 25.78 25.78 25.79
Area.............................. 0.18 0.18 0.18 0.18 0.18 0.17
Mobile............................ 7.71 7.40 7.51 7.82 7.13 7.11
Total........................... 33.60 33.17 33.46 33.78 33.09 33.08
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Projections indicate that there was an emissions decrease in VOCs
and NOX in the nonattainment area from the 1993 attainment
baseyear to 2005. However, the projections show a temporary increase in
NOX emissions of less than 2%. EPA believes this increase to be
insignificant, and therefore, EPA believes that these emissions
projections demonstrate that the nonattainment area will continue to
maintain the O3 NAAQS.
C. Verification of Continued Attainment
Continued attainment of the O3 NAAQS in the nonattainment area
depends, in part, on the Commonwealth of Kentucky's efforts toward
tracking indicators of continued attainment during the maintenance
period. The Cabinet will develop periodic emission inventories every
three years beginning in 1996 and will evaluate these periodic
inventories to see if they exceed the baseline emission inventory by
more than 10%. If a 10% exceedance occurs, the state will evaluate
existing control measures to see if any further emission reduction
measures should be implemented.
The Commonwealth of Kentucky's contingency plan can also be
triggered by an air quality exceedance. If an exceedance occurs, the
Commonwealth will evaluate existing control measures to see if any
further emission reduction measures should be implemented. The
Commonwealth of Kentucky contingency plan will be triggered in the
event of a monitored violation of the ozone standard. The Commonwealth
then commits to adopt within six months, one or more of the contingency
measures listed in the contingency plan. The Commonwealth has also
committed to operate the air monitoring network in accordance to 40 CFR
58 with no reductions in the existing network.
D. Contingency Plan
The level of VOC and NOX emissions in the nonattainment area
will largely determine its ability to stay in compliance with the
O3 NAAQS in the future. Despite the Commonwealth's best efforts to
demonstrate continued compliance with the NAAQS, the ambient air
pollutant concentrations may exceed or violate the NAAQS. Therefore,
the Commonwealth of Kentucky has provided contingency measures with a
schedule for implementation in the event of a future O3 air
quality problem. The plan contains the following possible contingency
measures: (1) Petition EPA to opt into reformulated gasoline (RFG), (2)
Inspection and maintenance (I/M), and (3) Stage II. In addition to
these contingency measures, the Commonwealth has other miscellaneous
options to choose included in their maintenance plan. EPA finds that
the contingency measures provided in the Commonwealth of Kentucky's
submittal meet the requirements of section 175A(d) of the CAA.
E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, the Commonwealth of
Kentucky has agreed to submit a revised maintenance SIP eight years
after the nonattainment area redesignates to attainment. Such revised
SIP will provide for maintenance for an additional ten years.
Final Action
This document makes final, the action which proposed approval of
the maintenance plan and request to redesignate the Kentucky portion of
the Ashland-Huntington nonattainment area and the baseyear inventory
for the area. The document proposing approval was published on December
16, 1994 (59 FR 65000). EPA received no adverse comments on the
proposed action.
EPA finds that there is good cause for this redesignation to become
effective immediately upon publication because a delayed effective date
is unnecessary due to the nature of a redesignation to attainment,
which exempts the area from certain Clean Air Act requirements that
would otherwise apply to it. The immediate effective date for this
redesignation is authorized under both 5 U.S.C. Sec. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule ``grants or recognizes an exemption or
relieves a restriction'' and Sec. 553(d)(3), which allows an effective
date less than 30 days after publication was otherwise provided by the
agency for good cause found and published with the rule.''
Under section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by August
28, 1995. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2) of the Act, 42 U.S.C. 7607 (b)(2).)
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant
[[Page 33752]]
impact on any small entities affected. Moreover, due to the nature of
the Federal-state relationship under the CAA, preparation of a
regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of state action. The CAA forbids EPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. section
7410(a)(2) and 7410(k)(3).
The OMB has exempted these actions from review under Executive
Order 12866.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Redesignation of an area to attainment under section 107(d)(3)(E)
of the CAA does not impose any new requirements on small entities.
Redesignation is an action that affects the status of a geographical
area and does not impose any regulatory requirements on sources. The
Administrator certifies that the approval of the redesignation request
will not affect a substantial number of small entities.
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 107 of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. To the extent that the rules being approved by
this action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: June 9, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart S--Kentucky
2. Section 52.920 is amended by adding paragraph (c)(80) to read as
follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
(80) The maintenance plan for the Ashland-Huntington area which
includes Boyd and a portion of Greenup Counties was submitted by the
Commonwealth of Kentucky Natural Resources and Environmental Protection
Cabinet on November 13 and May 24, 1995, as part of the Kentucky SIP.
The 1990 Baseline Emission Inventory for the Ashland-Huntington area
which includes Boyd and a portion of Greenup Counties which was
submitted on November 13, 1992.
(i) Incorporation by reference.
(A) Kentucky Natural Resources and Environmental Protection Cabinet
Request to Redesignate the Huntington/Ashland Moderate Ozone
Nonattainment Area, Maintenance Plan, effective May 24, 1995.
(B) Appendix F Kentucky Projected Emissions Summary: VOC, CO, and
NOX, effective May 24, 1995.
(C) Table 6-1 Summary of Biogenic Emissions Huntington-Ashland MSA,
effective May 24, 1995.
(ii) Other material.
(A) May 24, 1995, letter from Phillip J. Shepherd, Secretary,
Natural Resources and Environmental Protection Cabinet to John H.
Hankinson, Regional Administrator, USEPA Region 4.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
2. In Sec. 81.318, the ozone table is amended by removing the
``Huntington-Ashland area'' and its entries in the first alphabetical
list and the entry for ``Greenup County'' in the second alphabetical
list and by adding in alphabetical order to the second listing of
counties the entries for ``Boyd County'' and ``Greenup County'' to read
as follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky-Ozone
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Designation Classification
Designated area -----------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
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* * * * * *
Boyd County................. June 29, 1995.............. Unclassifiable/Attainment..
* * * * * *
*
Greenup County.............. June 29, 1995.............. Unclassifiable/Attainment..
[[Page 33753]]
* * * * * *
*
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\1\ This date is November 15, 1990, unless otherwise noted.
[FR Doc. 95-15953 Filed 6-28-95; 8:45 am]
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