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8194 Federal Register / Vol. 73, No.

30 / Wednesday, February 13, 2008 / Rules and Regulations

ADDRESSES: Materials referred to in this ENVIRONMENTAL PROTECTION Instructions: Direct your comments to
document are available for inspection or AGENCY Docket ID No. EPA–R08–OAR–2007–
copying at Commander (dpw), Eleventh 1002. EPA’s policy is that all comments
Coast Guard District, Building 50–2, 40 CFR Part 52 received will be included in the public
Coast Guard Island, Alameda, CA [EPA–R08–OAR–2007–1002; FRL–8521–5] docket without change and may be
94501–5100, between 8 a.m. and 4 p.m., made available at http://
Monday through Friday, except Federal Approval and Promulgation of Air www.regulations.gov, including any
holidays. The telephone number is (510) Quality Implementation Plans; State of personal information provided, unless
437–3516. The Eleventh Coast Guard Colorado; Regulation No. 7, Section the comment includes information
District maintains the public docket for XII, Volatile Organic Compounds From claimed to be Confidential Business
this temporary deviation. Oil and Gas Operations Information (CBI) or other information
whose disclosure is restricted by statute.
FOR FURTHER INFORMATION CONTACT: AGENCY: Environmental Protection Do not submit information that you
David H. Sulouff, Chief, Bridge Section, Agency (EPA). consider to be CBI or otherwise
Eleventh Coast Guard District, ACTION: Direct final rule. protected through http://
telephone (510) 437–3516. SUMMARY: EPA is taking direct final www.regulations.gov or e-mail. The
action to approve a State http://www.regulations.gov Web site is
SUPPLEMENTARY INFORMATION: The an ‘‘anonymous access’’ system, which
California Department of Transportation Implementation Plan (SIP) revision
submitted by the State of Colorado. On means EPA will not know your identity
requested a temporary change to the or contact information unless you
operation of the Tower Drawbridge, August 3, 2007, the Governor’s designee
submitted revisions to Colorado’s provide it in the body of your comment.
mile 59.0, over the Sacramento River, at If you send an e-mail comment directly
Regulation No. 7, ‘‘Emissions of Volatile
Sacramento, CA. The Tower Drawbridge to EPA, without going through http://
Organic Compounds,’’ Section XII,
navigation span provides a vertical ‘‘Volatile Organic Compounds (VOC) www.regulations.gov your e-mail
clearance of 30 feet above Mean High From Oil and Gas Operations.’’ EPA is address will be automatically captured
Water in the closed-to-navigation approving the revisions to Regulation and included as part of the comment
position. The draw opens on signal as No. 7, Section XII. This action is being that is placed in the public docket and
required by 33 CFR 117.5. Navigation on taken under Section 110 of the Clean made available on the Internet. If you
the waterway is commercial and Air Act. submit an electronic comment, EPA
recreational. DATES: This direct final rule is effective recommends that you include your
The drawspan will be secured in the on April 14, 2008 without further name and other contact information in
closed-to-navigation position 1:45 p.m. notice, unless EPA receives adverse the body of your comment and with any
through 2:45 p.m. on February 19, 2008 comment by March 14, 2008. If adverse disk or CD–ROM you submit. If EPA
comment is received, EPA will publish cannot read your comment due to
to allow participants in the Tour of
a timely withdrawal of the direct final technical difficulties and cannot contact
California Bicycle Race to cross the
rule in the Federal Register informing you for clarification, EPA may not be
bridge during the event. This temporary able to consider your comment.
deviation has been coordinated with the public that the rule will not take
effect. Electronic files should avoid the use of
waterway users. There are no scheduled special characters, any form of
river boat cruises or anticipated levee ADDRESSES: Submit your comments,
encryption, and be free of any defects or
maintenance during this deviation identified by Docket Number EPA–R08– viruses. For additional information
period. No objections to the temporary OAR–2007–1002, by one of the about EPA’s public docket, visit the EPA
deviation were raised. following methods: Docket Center homepage at http://
• http://www.regulations.gov. Follow
Vessels that can transit the bridge, www.epa.gov/epahome/dockets.htm.
the on-line instructions for submitting
while in the closed-to-navigation For additional instructions on
comments.
position, may continue to do so at any • E-mail: videtich.callie@epa.gov and submitting comments, go to Section I.
time. fiedler.kerri@epa.gov. General Information of the
• Fax: (303) 312–6064 (please alert SUPPLEMENTARY INFORMATION section of
In the event of an emergency the this document.
drawspan can be opened with 30 the individual listed in the FOR FURTHER
minutes advance notice. INFORMATION CONTACT if you are faxing Docket: All documents in the docket
comments). are listed in the http://
In accordance with 33 CFR 117.35(e), • Mail: Callie A. Videtich, Director, www.regulations.gov index. Although
the drawbridge must return to its regular Air and Radiation Program, listed in the index, some information is
operating schedule immediately at the Environmental Protection Agency not publicly available, e.g., CBI or other
end of the designated time period. This (EPA), Region 8, Mailcode 8P–AR, 1595 information whose disclosure is
deviation from the operating regulations Wynkoop Street, Denver, Colorado restricted by statute. Certain other
is authorized under 33 CFR 117.35. 80202–1129. material, such as copyrighted material,
Dated: January 29, 2008. • Hand Delivery: Callie A. Videtich, will be publicly available only in hard
Director, Air and Radiation Program, copy. Publicly available docket
C.E. Bone,
Environmental Protection Agency materials are available either
Rear Admiral, U.S. Coast Guard, Commander, (EPA), Region 8, Mailcode 8P–AR, 1595 electronically in http://
Eleventh Coast Guard District. Wynkoop Street, Denver, Colorado www.regulations.gov or in hard copy at
[FR Doc. E8–2689 Filed 2–12–08; 8:45 am] 80202–1129. Such deliveries are only the Air and Radiation Program,
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BILLING CODE 4910–15–P accepted Monday through Friday, 8 a.m. Environmental Protection Agency
to 4:30 p.m., excluding Federal (EPA), Region 8, 1595 Wynkoop Street,
holidays. Special arrangements should Denver, Colorado 80202–1129. EPA
be made for deliveries of boxed requests that if at all possible, you
information. contact the individual listed in the FOR

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Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations 8195

FURTHER INFORMATION CONTACT section to 2. Tips for Preparing Your Comments. The version of Regulation No. 7, Section
view the hard copy of the docket. You When submitting comments, remember XII, submitted August 3, 2007 requires
may view the hard copy of the docket to: a greater level of control of condensate
Monday through Friday, 8 a.m. to I. Identify the rulemaking by docket tank emissions in the 8-hour ozone non-
4 p.m., excluding Federal holidays. number and other identifying attainment area.
FOR FURTHER INFORMATION CONTACT:
information (subject heading, Federal
III. What is the State’s process to
Kerri Fiedler, Air and Radiation Register date and page number).
II. Follow directions—The agency submit these materials to EPA?
Program, Environmental Protection Section 110(k) of the CAA addresses
may ask you to respond to specific
Agency (EPA), Region 8, Mailcode our actions on submissions of SIP
questions or organize comments by
8P–AR, 1595 Wynkoop Street, Denver, revisions. The CAA requires States to
referencing a Code of Federal
Colorado 80202–1129, phone (303) 312– observe certain procedural requirements
Regulations (CFR) part or section
6493, and e-mail at: in developing SIP revisions. Section
number.
fiedler.kerri@epa.gov. III. Explain why you agree or disagree; 110(a)(2) of the CAA requires that each
SUPPLEMENTARY INFORMATION: suggest alternatives and substitute SIP revision be adopted by a State after
language for your requested changes. reasonable notice and public hearing.
Table of Contents IV. Describe any assumptions and This must occur before a State submits
I. General Information provide any technical information and/ the revision to us.
II. What is the purpose of this action? or data that you used. The Colorado Air Quality Control
III. What is the State’s process to submit V. If you estimate potential costs or Commission (AQCC) held public
these materials to EPA? hearings for the revisions to Regulation
burdens, explain how you arrived at
IV. EPA’s Evaluation of the Regulation No. 7,
your estimate in sufficient detail to No. 7, Section XII, on November 17,
Section XII, Revisions
V. Consideration of Section 110(l) of the CAA allow for it to be reproduced. 2006, November 18, 2006, and
VI. Final Action VI. Provide specific examples to December 17, 2006. The AQCC adopted
VII. Statutory and Executive Order Reviews illustrate your concerns, and suggest the revisions on January 5, 2007. The
alternatives. revisions became State effective on
Definitions VII. Explain your views as clearly as March 4, 2007.
For the purpose of this document, we possible, avoiding the use of profanity We have evaluated the revisions to
are giving meaning to certain words or or personal threats. Regulation No. 7, Section XII, and have
initials as follows: VIII. Make sure to submit your determined that the State met the
comments by the comment period requirements for reasonable notice and
(i) The words or initials Act or CAA
deadline identified. public hearing under section 110(a)(2)
mean or refer to the Clean Air Act,
of the CAA.
unless the context indicates otherwise. II. What is the purpose of this action?
(ii) The words EPA, we, us or our In this action, we are approving IV. EPA’s Evaluation of the Regulation
mean or refer to the United States revisions to Regulation No. 7, Section No. 7, Section XII, Revisions
Environmental Protection Agency. XII, for the control of VOC emissions Colorado’s Regulation No. 7, Section
(iii) The initials NAAQS mean from oil and gas operations. James B. XII, ‘‘Volatile Organic Compound
National Ambient Air Quality Standard. Martin, the Executive Director of the Emissions From Oil And Gas
(iv) The initials SIP mean or refer to Colorado Department of Public Health Operations,’’ imposes emission control
State Implementation Plan. and Environment, submitted these requirements on oil and gas condensate
(v) The word State means the State of revisions to us on August 3, 2007. tanks located in the Denver EAC area,
Colorado, unless the context indicates We previously approved Regulation with the majority of affected facilities
otherwise. No. 7, Section XII, on August 19, 2005 being located in southern Weld County.
(see 70 FR 48652) as part of Denver’s Among other things, Regulation No. 7,
I. General Information Early Action Compact (EAC) SIP for the Section XII, includes definitions;
A. What Should I Consider as I Prepare 8-hour ozone standard. The purpose of required emission reductions for the
My Comments for EPA? the EAC SIP is to prevent exceedances high ozone season and rest of the year;
of the 8-hour ozone standard in the numerous recordkeeping requirements
1. Submitting CBI. Do not submit this Denver EAC area.1 Due to unanticipated for a spreadsheet to determine weekly
information to EPA through http:// growth of condensate tank emissions in and other periodic compliance;
regulations.gov or e-mail. Clearly mark the oil and gas sector, the State emission factors used to demonstrate
the part or all of the information that determined that the version of compliance; reporting requirements for
you claim to be CBI. For CBI Regulation No. 7, Section XII, that we certain equipment if a construction or
information in a disk or CD ROM that approved in 2005 needed to be revised. Title V permit is issued by the State; a
you mail to EPA, mark the outside of the methodology for approval of alternative
disk or CD ROM as CBI and then 1 In April 2004, EPA designated the Denver area
emissions control equipment;
identify electronically within the disk or (Adams, Arapahoe, Boulder, Broomfield, Denver, requirements for gas-processing plants;
Douglas, Jefferson, and parts of Larimer and Weld
CD ROM the specific information that is counties) as non-attainment for the 8-hour ozone requirements for controlling emissions
claimed as CBI. In addition to one standard, but deferred the effective date of the from dehydration units; and a
complete version of the comment that designation based on a commitment from the State methodology for approval to develop
includes information claimed as CBI, a of Colorado, the Regional Air Quality Council and testing methods and revised emission
others to implement ozone control measures sooner
copy of the comment that does not than required by the Clean Air Act. This factors.
contain the information claimed as CBI commitment was contained in the Denver Early The condensate tank requirements,
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must be submitted for inclusion in the Action Compact (EAC). The non-attainment along with other requirements
public docket. Information so marked designation for the area became effective November applicable to oil and gas operations and
20, 2007, as a result of a violation for 2005–2007,
will not be disclosed except in which triggers requirements for future revisions to
natural gas fired reciprocating internal
accordance with procedures set forth in the attainment demonstration SIP for the Denver combustion engines, were initially
40 CFR part 2. EAC area. promulgated in March 2004, and later

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8196 Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations

revised in December 2004. Colorado by 70% from uncontrolled actual VI. Final Action
submitted these requirements to us as a emissions. Emission reductions during In this action, EPA is approving the
SIP revision, which we approved on the non-ozone season must be revisions to Regulation No. 7, Section
August 19, 2005 (see 70 FR 48652). calculated as an average of the emission XII, that were submitted on August 3,
Colorado designed the emission limits reductions achieved during this seven- 2007. The version of Section XII we are
in the 2004 revision of Regulation No. month period. approving supersedes and replaces the
7, Section XII, to achieve total In addition to the changes to the prior version we approved at 70 FR
condensate tank VOC emissions in the system-wide reduction requirements, 48652 (August 19, 2005). EPA is
Denver EAC area during the summer the State adopted significant changes to publishing this rule without prior
ozone season of no more than 91.3 tons the monitoring, recordkeeping, and proposal because the Agency views this
per day (tpd) as of May 1, 2007, and reporting requirements. Owners or as a non-controversial amendment and
100.9 tpd as of May 1, 2012. These daily operators of any condensate storage tank anticipates no adverse comments.
values were relied on to demonstrate that is being controlled under However, in the ‘‘Proposed Rules’’
attainment of the 8-hour ozone standard Regulation No. 7, Section XII, must section of today’s Federal Register
in the modeling analysis, as part of the inspect or monitor the control publication, EPA is publishing a
EAC SIP. However, because of equipment at least weekly. Types of separate document that will serve as the
unanticipated growth of condensate equipment include combustion devices, proposal to approve the SIP revision if
tank emissions, the State later vapor recovery units, valves, and thief adverse comments are filed. This rule
determined that the emission limits in hatches. As noted above, the record- will be effective April 14, 2008 without
the 2004 version of Regulation No. 7 keeping provisions require owners or further notice unless the Agency
would be insufficient to meet these operators to maintain a spreadsheet to
daily emission numbers. The 2007 receives adverse comments by March
track emission reductions on a weekly 14, 2008. If the EPA receives adverse
revisions require a greater level of basis during the ozone season (May 1
control of condensate tank emissions comments, EPA will publish a timely
through September 30). In addition to withdrawal in the Federal Register
within the 8-hour ozone non-attainment the spreadsheet, owners or operators are
area boundary. The State’s goal remains informing the public that the rule will
required to maintain records of not take effect. EPA will address all
to achieve the same daily emission monitoring and inspection activities.
targets for condensate tank VOC public comments in a subsequent final
The reporting provisions require owners rule based on the proposed rule. The
emissions. or operators to submit an annual report
We note that the VOC emission EPA will not institute a second
by April 30 of each year, and also a comment period on this action. Any
reductions that are required by
semi-annual report by November 30 of parties interested in commenting must
Regulation No. 7, Section XII, are
each year, detailing emission reductions do so at this time. Please note that if
achieved not by specific requirements
during the preceding year and ozone EPA receives adverse comment on an
on each condensate tank, but instead by
overall or system-wide emission season, respectively. Finally, provisions amendment, paragraph, or section of
reductions for each affected company’s have been added to require owners or this rule and if that provision may be
operations. As stated in Regulation No. operators subject to the condensate severed from the remainder of the rule,
7, Section XII, the requirement to storage tank reduction requirements to EPA may adopt as final those provisions
control emissions applies to owners or submit a list of all their controlled tanks of the rule that are not the subject of an
operators of condensate tanks with a on April 30 of each year; to notify the adverse comment.
cumulative total of 30 tons per year or State monthly during the ozone season
of any change to the list of controlled VII. Statutory and Executive Order
more of VOC emissions. In practice, Reviews
industry has controlled the condensate tanks; and to notify the State monthly of
tank VOC emissions with flares or vapor any instance where the air pollution Under Executive Order 12866 (58 FR
recovery units, and Regulation No. 7, control equipment was not properly 51735, October 4, 1993), this action is
Section XII, requires these types of functioning and the steps taken to not a ‘‘significant regulatory action’’
emission control devices to achieve correct the problem. We have reviewed and, therefore, is not subject to review
95% control efficiency. and are approving the revisions to by the Office of Management and
Revised Regulation No. 7, Section XII, Regulation No. 7, Section XII, ‘‘Volatile Budget. For this reason, this action is
raises the system-wide control Organic Compounds From Oil and Gas also not subject to Executive Order
requirements for the ozone season from Operations’’ because they require 13211, ‘‘Actions Concerning Regulations
the 47.5% VOC reduction requirement greater reductions in emissions and That Significantly Affect Energy Supply,
that applied from May 1, 2006, through meet the requirements of section 110 of Distribution, or Use’’ (66 FR 28355, May
September 30, 2006, to 75% from May the CAA. 22, 2001). This action merely approves
1 through September 30 of each year state law as meeting Federal
V. Consideration of Section 110(l) of the
from 2007 through 2011. For the period requirements and imposes no additional
CAA
from May 1 through September 30 of requirements beyond those imposed by
each year, beginning with 2012, VOC Section 110(l) of the CAA states that state law. Accordingly, the
emissions from condensate tanks must a SIP revision cannot be approved if the Administrator certifies that this rule
be reduced by 78% from uncontrolled revision would interfere with any will not have a significant economic
actual emissions. Determination of applicable requirement concerning impact on a substantial number of small
compliance during the ozone season attainment and reasonable further entities under the Regulatory Flexibility
will be on a weekly basis. For the non- progress towards attainment of a Act (5 U.S.C. 601 et seq.). Because this
ozone season, the State revised the NAAQS, or any other applicable rule approves pre-existing requirements
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required reduction of condensate tank requirement of the CAA. The revisions under state law and does not impose
VOC emissions from 38% to 60% in to Regulation No. 7, Section XII, will not any additional enforceable duty beyond
2007, and beginning in 2008, and each interfere with attainment, reasonable that required by state law, it does not
year thereafter, VOC emissions between further progress, or any other applicable contain any unfunded mandate or
October 1 and April 30 must be reduced requirement of the CAA. significantly or uniquely affect small

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Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations 8197

governments, as described in the the Comptroller General of the United Compound Emissions From Oil and Gas
Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in Operations,’’ effective on March 4, 2007.
(Pub. L. 104–4). the Federal Register. A major rule [FR Doc. E8–2512 Filed 2–12–08; 8:45 am]
This rule also does not have tribal cannot take effect until 60 days after it
BILLING CODE 6560–50–P
implications because it will not have a is published in the Federal Register.
substantial direct effect on one or more This action is not a ‘‘major rule’’ as
Indian tribes, on the relationship defined by 5 U.S.C. 804(2). ENVIRONMENTAL PROTECTION
between the Federal Government and
Under section 307(b)(1) of the Clean AGENCY
Indian tribes, or on the distribution of
Air Act, petitions for judicial review of
power and responsibilities between the 40 CFR Part 52
this action must be filed in the United
Federal Government and Indian tribes,
States Court of Appeals for the [EPA–R05–OAR–2006–0976; FRL–8526–8]
as specified by Executive Order 13175
appropriate circuit by April 14, 2008.
(65 FR 67249, November 9, 2000). This
Filing a petition for reconsideration by Approval and Promulgation of Air
action also does not have Federalism
the Administrator of this final rule does Quality Implementation Plans; Ohio;
implications because it does not have
not affect the finality of this rule for the Oxides of Nitrogen Budget Trading
substantial direct effects on the states,
purposes of judicial review nor does it Program
on the relationship between the national
government and the states, or on the extend the time within which a petition
for judicial review may be filed, and AGENCY: Environmental Protection
distribution of power and Agency (EPA).
responsibilities among the various shall not postpone the effectiveness of
such rule or action. This action may not ACTION: Final rule.
levels of government, as specified in
Executive Order 13132 (64 FR 43255, be challenged later in proceedings to SUMMARY: EPA is granting final approval
August 10, 1999). This action merely enforce its requirements. (See section to Ohio’s request for the retirement and
approves a state rule implementing a 307(b)(2).) withdrawal of 240 oxides of nitrogen
Federal standard, and does not alter the List of Subjects 40 CFR Part 52 (NOX) allowances from the State’s 2005
relationship or the distribution of power new source set aside. Retiring 240 new
and responsibilities established in the Environmental protection, Air source set aside allowances will provide
Clean Air Act. This rule also is not pollution control, Incorporation by surplus emission reductions to help
subject to Executive Order 13045 reference, Intergovernmental relations, compensate for the discontinuation of
‘‘Protection of Children from Ozone, Reporting and recordkeeping Ohio’s motor vehicle inspection and
Environmental Health Risks and Safety requirements, Volatile organic maintenance program (known as ‘‘E-
Risks’’ (62 FR 19885, April 23, 1997), compounds. Check’’) in the Cincinnati and Dayton
because it is not economically Authority: 42 U.S.C. 7401 et seq. areas for the year 2006. (Ohio is in the
significant. process of seeking approval of the
In reviewing SIP submissions, EPA’s Dated: January 15, 2008.
removal of E-Check as an active program
role is to approve state choices, Robert E. Roberts, from the State Implementation Plan
provided that they meet the criteria of Regional Administrator, Region VIII. (SIP), which will be addressed in a
the Clean Air Act. In this context, in the separate action.) EPA received adverse
absence of a prior existing requirement ■ 40 CFR part 52 is amended to read as
follows: comments and one positive comment on
for the State to use voluntary consensus our proposed rulemaking on the
standards (VCS), EPA has no authority PART 52—[AMENDED] allowance retirement. These comments
to disapprove a SIP submission for are addressed in this notice. As a result
failure to use VCS. It would thus be ■ 1. The authority citation for part 52 of this action, 240 NOX allowances from
inconsistent with applicable law for continues to read as follows: the State’s 2005 new source set aside
EPA, when it reviews a SIP submission, will be withheld and permanently
to use VCS in place of a SIP submission Authority: 42 U.S.C. 7401 et seq.
retired.
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the Subpart G—Colorado DATES: This final rule is effective on
requirements of section 12(d) of the March 14, 2008.
National Technology Transfer and ■ 2. Section 52.320 is amended by ADDRESSES: EPA has established a
Advancement Act of 1995 (15 U.S.C. adding paragraph (c)(112) to read as docket for this action under Docket ID
272 note) do not apply. This rule does follows: No. EPA–R05–OAR–2006–0976. All
not impose an information collection documents in the docket are listed on
§ 52.320 Identification of plan.
burden under the provisions of the the www.regulations.gov Web site.
Paperwork Reduction Act of 1995 (44 * * * * * Although listed in the index, some
U.S.C. 3501 et seq.). (c) * * * information is not publicly available,
The Congressional Review Act, 5 (112) On August 3, 2007, the i.e., Confidential Business Information
U.S.C. 801 et seq., as added by the Small Governor of Colorado submitted (CBI) or other information whose
Business Regulatory Enforcement revisions to the Colorado’s Regulation disclosure is restricted by statute.
Fairness Act of 1996, generally provides No. 7 ‘‘Emissions of Volatile Organic Certain other material, such as
that before a rule may take effect, the Compounds’’ that made several changes copyrighted material, is not placed on
agency promulgating the rule must and additions to Section XII, ‘‘Volatile the Internet and will be publicly
submit a rule report, which includes a Organic Compound Emissions From Oil available only in hard copy form.
copy of the rule, to each House of the and Gas Operations.’’ Publicly available docket materials are
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Congress and to the Comptroller General available either electronically through


of the United States. EPA will submit a (i) Incorporation by reference. www.regulations.gov or in hard copy at
report containing this rule and other (A) Regulation No. 7 ‘‘Emissions of the Environmental Protection Agency,
required information to the U.S. Senate, Volatile Organic Compounds,’’ 5 CCR Region 5, Air and Radiation Division, 77
the U.S. House of Representatives, and 1001–9, Section XII, ‘‘Volatile Organic West Jackson Boulevard, Chicago,

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