[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18070]
[[Page Unknown]]
[Federal Register: July 26, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[TN123-1-6349a; FRL-5009-1]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On October 30, 1992, the Memphis and Shelby County Health
Department (MSCHD), submitted a maintenance plan and a request to
redesignate the Memphis/Shelby County area from nonattainment to
attainment for carbon monoxide (CO). The public hearing was held on
December 30, 1992, and the Tennessee Air Pollution Control Board gave
approval on October 13, 1993. The CO nonattainment area consists only
of Memphis/Shelby County. Under the Clean Air Act (CAA), designations
can be revised if sufficient data are available to warrant such
revisions. In this action, EPA is approving the Tennessee request
because it meets the maintenance plan and redesignation requirements
set forth in the Act. The approved maintenance plan will become a
federally enforceable part of the State Implementation Plan (SIP) for
the Memphis/Shelby County nonattainment area.
On January 15, 1993, in a letter from Patrick M. Tobin to Governor
Ned McWherter, the EPA notified the State of Tennessee that the EPA had
made a finding of failure to submit required programs for the CO
nonattainment area. EPA's redesignation of the Memphis/Shelby County
area to attainment abrogates those requirements for this area.
Therefore, the sanctions and federal implementation plan clocks begun
by those findings are stopped at the time of the redesignation.
EFFECTIVE DATE: This action will be effective September 26, 1994,
unless critical or adverse comments are received by August 25, 1994. If
the effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be sent to Ben Franco, EPA Region
IV, Air Programs Branch, 345 Courtland Street NE, Atlanta, Georgia,
30365. Copies of the redesignation request and the State of Tennessee's
submittal are available for public review during normal business hours
at the addresses listed below. EPA's technical support document (TSD)
is available for public review during normal business hours at the EPA
addresses listed below.
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 IV, Air Programs Branch, 345
Courtland Street NE., Atlanta, Georgia, 30365.
Memphis and Shelby County Health Department, 814 Jefferson Avenue,
Memphis, Tennessee 38105.
FOR FURTHER INFORMATION CONTACT: Ben Franco of the EPA Region IV Air
Programs Branch at (404) 347-2864 and at the above address.
SUPPLEMENTARY INFORMATION:
I. Background
The Clean Air Act, as amended in 1977 (1977 Act) required areas
that were designated nonattainment based on a failure to meet the CO
national ambient air quality standard (NAAQS) to develop SIPs with
sufficient control measures to expeditiously attain and maintain the
standard. Memphis/ Shelby County was designated under section 107 of
the 1977 Act as nonattainment with respect to the CO NAAQS on March 3,
1978. (40 CFR 81.343) In accordance with section 110 of the 1977 Act,
the State submitted a Part D CO SIP on February 13 and April 12 and 27,
1979, which EPA conditionally approved on February 6, 1980. On March 20
and December 17, 1980, Tennessee submitted revisions addressing the
conditions stated in the February 6, 1980, notice. EPA, on September 2,
1981, gave final approval and published Tennessee as meeting the
requirements of section 110 and Part D of the 1977 Act.
On November 15, 1990, the CAA Amendments of 1990 were enacted (1990
Amendments). (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q) The nonattainment designation of Memphis/Shelby County was
continued by operation of law pursuant to section 107(d)(1)(C)(i) of
the 1990 Amendments. Furthermore, it was classified by operation of law
as moderate for CO according to section 186(a)(1). (See 56 FR 56694
(Nov. 6, 1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40 CFR part
81 Sec. 81.343.)
Memphis/Shelby County has ambient monitoring data showing
attainment of the CO NAAQS, during the period from 1990 through 1991.
Therefore, in an effort to comply with the CAA and to ensure continued
attainment of the NAAQS, on October 30, 1992, the State of Tennessee
submitted a CO redesignation request for the Memphis and Shelby County
area. The request for redesignation submittal was approved by the
Tennessee Air Pollution Control Board on March 9, 1994. On May 14,
1993, Tennessee submitted evidence that a public hearing was held on
the requests to redesignate Memphis/Shelby County from nonattainment of
the NAAQS for CO to attainment for the CO NAAQS.
Additionally, there were no violations during the 1992 and 1993 CO
season.
II. Evaluation Criteria
The 1990 Amendments revised section 107(d)(1)(E) to provide five
specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment.
1. The area must have attained the applicable NAAQS;
2. The area must meet all applicable requirements under section 110 and
Part D of the CAA;
3. The area must have a fully approved SIP under section 110(k) of CAA;
4. The air quality improvement must be permanent and enforceable; and,
5. The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA.
III. Review of State Submittal
On May 19, 1993, Region IV determined that the information received
from the MSCHD constituted a complete redesignation request under the
general completeness criteria of 40 CFR part 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 MSCHD 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
CAA, including redesignation submittals, would not be determined
complete. See the memorandum entitled ``State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air Act (Act) Deadlines'' from
John Calcagni to Air Programs Division Directors, Regions I-X, dated
October 28, 1992 (Memorandum). The rationale for this conclusion was
that the parallel processing exception to the completeness criteria (40
CFR part 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 believed it appropriate to change its policy with
respect to redesignation submittals to conform to the existing
completeness criteria. (See 58 FR 38108 (July 15, 1993.)) 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. MSCHD
submitted a redesignation request on October 30, 1992. In the October
30 submittal, MSCHD submitted the maintenance plan, thereby including
the final element to make the October 30, 1992, request for parallel
processing complete under the parallel processing exception to the
completeness criteria. When the maintenance plan became state effective
on October 13, 1993, the State of Tennessee no longer needed parallel
processing for the redesignation request and maintenance plan.
The Tennessee redesignation request for the Memphis/Shelby County
area meets the five requirements of section 107(d)(3)(E), noted above.
The following is a brief description of how the State 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. Attainment of the CO NAAQS
The Tennessee request is based on an analysis of quality assured CO
air quality data which is relevant to the maintenance plan and to the
redesignation request. The ambient air CO monitoring data for calendar
year 1990 through calendar year 1991 shows no violations of the CO
NAAQS in the Memphis/Shelby County area. The most recent ambient CO
data for the calendar year 1992 and 1993 continued to show no
violations in the Memphis/Shelby County area. Because the Memphis/
Shelby County area has complete quality-assured data showing no more
than one exceedance of the standard per year over two consecutive
years, the Memphis/Shelby County area has met the first statutory
criterion of attainment of the CO NAAQS (40 CFR 50.9 and appendix C).
Tennessee has committed to continue monitoring in this area in
accordance with 40 CFR part 58.
2. Meeting Applicable Requirements of Section 110 and Part D
On September 2, 1981, EPA fully approved Tennessee's SIP for the
Memphis/Shelby County area as meeting the requirements of section
110(a)(2) and Part D of the 1977 CAA (46 FR 26640). The 1990 CAA
Amendments, however, modified section 110(a)(2) and, under Part D,
revised section 172 and added new requirements for all nonattainment
areas. Therefore, for purposes of redesignation, to meet the
requirement that the SIP contain all applicable requirements under the
CAA, EPA has reviewed the SIP to ensure that it contains all measures
that were due under the 1990 Amendments prior to or at the time the
State submitted its redesignation request.
A. Section 110 Requirements
Although section 110 was amended by the 1990 Amendments, the
Memphis/Shelby County SIP meets the requirements of amended section
110(a)(2). A number of the requirements did not change in substance
and, therefore, EPA believes that the pre-amendment SIP met these
requirements.
As to those requirements that were amended, (see 57 FR 27936 and
23939, June 23, 1993), many are duplicative of other requirements of
the CAA. EPA has analyzed the SIP and determined that it is consistent
with the requirements of amended section 110(a)(2).
B. Part D Requirements
Before Memphis/Shelby County may be redesignated to attainment, it
also must have fulfilled the applicable requirements of Part D. Under
Part D, an area's classification indicates the requirements to which it
will be subject. Subpart 1 of Part D sets forth the basic nonattainment
requirements applicable to all nonattainment areas, classified as well
as nonclassifiable. Subpart 3 of Part D establishes additional
requirements for nonattainment areas classified under section 186(a).
The Memphis/Shelby County area was classified as moderate (See 40 CFR
81.343). Therefore, in order to be redesignated to attainment, the
State must meet the applicable requirements of Subpart 1 of Part D,
specifically sections 172(c) and 176, and the requirements of Subpart 3
of Part D, which became due on or before October 30, 1992, the date the
State submitted a complete redesignation request. EPA interprets
section 107(d)(3)(v) to mean that, for a redesignation request to be
approved, the State must have met all requirements that become
applicable to the subject area prior to or at time of the submission of
the redesignation request. Requirements of the CAA that come due
subsequent to the submission of the redesignation request continue to
be applicable to the area (See section 175A(c)) and if the
redesignation is disapproved, the State remains obligated to fulfill
those requirements.
B1. Subpart 1 of Part D--Section 172(c) sets forth general
requirements applicable to all nonattainment areas. Under section
172(b), the section 172(c) requirements are applicable as determined by
the Administrator but no later than three years after an area is
designated as nonattainment. EPA had not determined that these
requirements were applicable to classified CO nonattainment areas on or
before October 30, 1992, the date that the State of Tennessee submitted
a complete redesignation request for the Memphis/Shelby County area.
Therefore, the State of Tennessee was not required to meet these
requirements for purposes of redesignation.
Upon redesignation of this area to attainment, the Prevention of
Significant Deterioration (PSD) provisions contained in part C of title
I are applicable. On June 24, 1982, the EPA approved the State of
Tennessee's PSD program (47 FR 27269).
B2. Subpart 1 of Part D--Section 176(c) of the CAA requires States
to revise their SOPs to establish criteria and procedures to ensure
that Federal actions, before they are taken, conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs and projects
developed, funded or approved under Title 23 U.S.C. or the Federal
Transit Act (``transportation conformity''). Section 176 further
provides that the conformity revisions to be submitted by but must be
consistent with Federal conformity regulations that the CAA required
EPA to promulgate. Congress provided for the State revisions to be
submitted one year after the date for promulgation of final EPA
conformity regulations. When that date passed without such
promulgation, EPA's General Preamble for the Implementation of Title I
informed States that its conformity regulations would establish a
submittal date (see 57 FR 13498, 13557 (April 16, 1992)).
EPA promulgated final conformity regulations on November 24, 1993
(58 FR 62188)) and November 30, 1993 (58 FR 63214). These conformity
rules require that States adopt both transportation and general
conformity provisions in the SIP for areas designated nonattainment or
subject to a maintenance plan approved under CAA section 175A. Pursuant
to Sec. 51.396 of the transportation conformity rule and Sec. 51.851 of
the general conformity rule, the State of Tennessee is required to
submit a SIP revision containing general conformity criteria and
procedures consistent with those established in the Federal rule by
November 25, 1994. Similarly, Tennessee is required to submit a SIP
revision containing general conformity criteria and procedures
consistent with those established in the Federal rule by December 1,
1994. Because the deadline for these submittals have not yet come due,
107(d)(3)(E)(v) and, thus, do not affect approval of this redesignation
request.
B3. Subpart 3 of Part D--Under section 187(a) areas that retained a
designation of nonattainment for CO under the amended CAA and that are
classified as moderate were required to meet several requirements by
November 15, 1992. These requirements included an Emission Inventory,
which Tennessee submitted as part of the maintenance plan. EPA has
reviewed their emission inventory and has determined it acceptable.
Section 211(m) further required that Tennessee submit an oxygenated
fuels regulation for the Memphis area. Tennessee failed to submit this
measure for the Memphis area. On January 15, 1993, EPA made a finding
of failure to submit the oxygenated fuels regulation by letter from
Patrick M. Tobin, Acting Regional Administrator, to Ned McWherter,
Governor of Tennessee. However, this requirement is not applicable for
purposes of considering the State's redesignation request. For purposes
of redesignation, EPA must consider whether the State has met all
requirements that were applicable prior to the time the state submitted
the redesignation request. In case the redesignation is not approved by
EPA, the State will be required to implement a program. Since Tennessee
submitted the redesignation request for Memphis/Shelby County on
October 30, 1992, this measure is not relevant for purposes of
redesignation. Therefore, all Subpart 3 requirements that were
applicable at the time the State submitted its redesignation request
have been met.
3. Fully Approved SIP Under Section 110(k) of the CAA
Based on the approval of provisions under the pre-amended CAA and
EPA's prior approval of SIP revisions under the 1990 Amendments, EPA
has determined that the Memphis/Shelby County area has a fully approved
SIP under section 110(k), which also meets the applicable requirements
of section 110 and Part D as discussed above.
4.Improvement in Air Quality Due to Permanent and Enforceable Measures
Under the pre-amended CAA, EPA approved the Tennessee SIP control
strategy for the Memphis/Shelby County nonattainment area, satisfied
that the rules and the emission reductions achieved as a result of
those rules were enforceable. The control measures to which the
emission reductions are attributed are Federal Motor Vehicle Control
Program (FMVCP), the Inspection and Maintenance Program (I/M), and
transportation control measures (TCMs). The FMVCP reduced CO emissions
from motor vehicles by approximately 127.67 tons per day from mobile
sources since 1985 as a result of the above programs and measures.
In association with its emission inventory discussed below, the
State of Tennessee has demonstrated that actual enforceable emission
reductions are responsible for the air quality improvement and that the
CO emissions in the base year are not artificially low due to local
economic downturn. EPA finds that the combination of existing EPA-
approved SIP and federal measures contribute to the permanence and
enforceability of reduction in ambient CO levels that have allowed the
area to attain the NAAQS.
5. Fully Approved Maintenance Plan Under Section 175A
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. In
this notice, EPA is approving the State of Tennessee's maintenance plan
for the Memphis/Shelby County area because EPA finds that Tennessee's
submittal meets the requirements of section 175A.
A. Emissions Inventory--Base Year Inventory
On November 16, 1992, the State of Tennessee submitted a
comprehensive inventory of CO emissions from the Memphis/Shelby County
area. The inventories include area, stationary, and mobile sources
using 1990 as the base year for calculations to demonstrate
maintenance. The 1990 inventory is considered representative of
attainment conditions because the NAAQS was not violated during 1990.
The State submittal contains the detailed inventory data and
summaries by county and source category. The comprehensive base year
emissions inventory was submitted in the NEDS format. Finally, this
inventory was prepared in accordance with EPA guidance. It also
contains summary tables of the base year and projected maintenance year
inventories. EPA's TSD contains more in-depth details regarding the
base year inventory for the Memphis/Shelby County area.
CO Emissions Inventory Summary
[Tons per day]
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Year Area Non-Road Mobile Point Total
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1990........................................... 48.44 83.31 455.05 22.78 609.58
1993........................................... 49.32 84.82 420.09 23.70 577.93
1996........................................... 50.21 86.35 418.50 24.62 579.68
1999........................................... 51.12 87.92 420.29 25.51 584.84
2002........................................... 52.05 89.51 419.53 26.33 587.42
2004........................................... 52.68 90.59 417.61 26.95 587.83
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B. Demonstration of Maintenance--Projected Inventories
Total CO emissions were projected from 1990 base year out to 2004.
These projected inventories were prepared in accordance with EPA
guidance. The projections show that CO emissions are not expected to
exceed the level of the base year inventory during this time period.
C. Verification of Continued Attainment
Continued attainment of the CO NAAQS in the Memphis/Shelby County
area depends, in part, on the State's efforts toward tracking
indicators of continued attainment during the maintenance period. The
State has also committed to submitting periodic inventories of CO
emissions every three years. Memphis/Shelby County's contingency plan
will be triggered by two indicators, a violation of the CO NAAQS or
should the triennial emission inventory for CO exceed the 1990 CO
emission levels.
D. Contingency Plan
The level of CO emissions in the Memphis/Shelby County area will
largely determine its ability to stay in compliance with the CO NAAQS
in the future. Despite the State's best efforts to demonstrate
continued compliance with the NAAQS, the ambient air pollutant
concentrations may exceed or violate the NAAQS. Therefore, Tennessee
has provided contingency measures with a schedule for implementation in
the event of a future CO air quality problem. In the case of a
violation of the CO NAAQS or should the triennial emission inventory
for carbon monoxide (winter season-tons per day) exceed the 1990 carbon
monoxide emission inventory, the plan contains a contingency to
implement additional control measures such as the county wide expansion
of the I/M program and the implementation of a three point inspection
of the automobile at the vent, gas cap, and the catalytic converter.
The implementation of this inspection improvement will begin within one
year of the above mentioned triggers. EPA finds that the contingency
measures provided in the State 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 State has agreed
to submit a revised maintenance SIP eight years after the area is
redesignated to attainment. Such revised SIP will provide for
maintenance for an additional ten years.
Final Action
EPA is approving the Memphis/Shelby County CO maintenance plan
because it meets the requirements of section 175A. In addition, the
Agency is approving the request and redesignating the Memphis/Shelby
County CO area to attainment, because the State has demonstrated
compliance with the requirements of section 107(d)(3)(E) for
redesignation. This action stops the sanctions and federal
implementation plan clocks that were triggered for the Memphis and
Shelby County area by the January 15, 1993, findings letter.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective September 26, 1994 unless, within 30 days of its publication,
adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective September 26, 1994.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
The CO SIP is designed to satisfy the requirements of Part D of the
CAA and to provide for attainment and maintenance of the CO NAAQS. This
final redesignation should not be interpreted as authorizing the State
to delete, alter, or rescind any of the CO emission limitations and
restrictions contained in the approved CO SIP. Changes to CO SIP
regulations rendering them less stringent than those contained in the
EPA approved plan cannot be made unless a revised plan for attainment
and maintenance is submitted to and approved by EPA. Unauthorized
relaxations, deletions, and changes could result in both a finding of
non-implementation (section 179(a) of the CAA) and in a SIP deficiency
call made pursuant to sections 110(a)(2)(H) and 110(k)(2) of the CAA.
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.
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, it does not have any
economic impact on any small entities. 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. Accordingly, I certify that the
approval of the redesignation request will not have an impact on any
small entities.
List of Subjects
40 CFR Part 52
Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation
by reference, Intergovernmental relations, and Ozone.
40 CFR Part 81
Air pollution control, National parks, and Wilderness areas.
Dated: June 28, 1994.
John H. Hankinson, Jr.,
Regional Administrator.
Parts 52 and 81 of chapter I, title 40, Code of Federal
Regulations, are amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7642.
Subpart RR--Tennessee
2. Section 52.2220 is amended by adding paragraph (c)(121) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
(121) The redesignation and maintenance plan for Memphis/Shelby
County submitted by the Memphis/Shelby County Health Department on
October 30, 1992, as part of the Tennessee SIP. On October 15, 1993,
and May 6, 1994, Tennessee Department of Environment and Conservation
submitted a supplement to the above maintenance plan.
(i) Incorporation by reference.
(A) Memphis/Shelby County Carbon Monoxide Ten Year Maintenance Plan
effective on October 13, 1993.
(B) Emissions Inventory Projections for Memphis/Shelby County
effective on October 13, 1993.
(ii) Other material. None.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart C--Section 107 Attainment Status Designations
2. In Sec. 81.343, the attainment status table for ``Tennessee-
Carbon Monoxide'' is amended by removing the entire first entry in the
table, ``Memphis Area / Shelby County''; by revising the subheading
``Rest of State'' in the first column to read ``Statewide''; and by
adding in alphabetical order a new entry for Shelby County to read as
follows:
Tennessee--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------------
Date (1) Type Date (1) Type
----------------------------------------------------------------------------------------------------------------
Statewide................... ........................... Unclassifiable/Attainment..
* * * * * * *
Shelby County........... [Insert date sixty days
after publication].
* * * * * * *
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(1) This date is November 15, 1990, unless otherwise noted.
[FR Doc. 94-18070 Filed 7-25-94; 8:45 am]
BILLING CODE 6560-50-P
