80_FR_79510 80 FR 79266 - Approval and Promulgation of Implementation Plans; Oregon: Interstate Transport of Ozone

80 FR 79266 - Approval and Promulgation of Implementation Plans; Oregon: Interstate Transport of Ozone

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 244 (December 21, 2015)

Page Range79266-79267
FR Document2015-31915

The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. On June 28, 2010, the State of Oregon made a submittal to the Environmental Protection Agency (EPA) to address these requirements. The EPA is approving the submittal as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2008 ozone National Ambient Air Quality Standard (NAAQS) in any other state.

Federal Register, Volume 80 Issue 244 (Monday, December 21, 2015)
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Rules and Regulations]
[Pages 79266-79267]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31915]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0259; FRL-9940-35-Region 10]


Approval and Promulgation of Implementation Plans; Oregon: 
Interstate Transport of Ozone

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Clean Air Act (CAA) requires each State Implementation 
Plan (SIP) to contain adequate provisions prohibiting air emissions 
that will have certain adverse air quality effects in other states. On 
June 28, 2010, the State of Oregon made a submittal to the 
Environmental Protection Agency (EPA) to address these requirements. 
The EPA is approving the submittal as meeting the requirement that each 
SIP contain adequate provisions to prohibit emissions that will 
contribute significantly to nonattainment or interfere with maintenance 
of the 2008 ozone National Ambient Air Quality Standard (NAAQS) in any 
other state.

DATES: This final rule is effective January 20, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2015-0259. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Certain other material, 
such as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Programs Unit, Office of 
Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA, 
98101. The EPA requests that if at all possible, you contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. You may view the hard copy of the 
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, 
hall.kristin@epa.gov, or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information
II. Final Action
III. Statutory and Executive Orders Review

I. Background Information

    On October 27, 2015, the EPA proposed to approve Oregon's June 28, 
2010 submittal as meeting the interstate transport requirements of CAA 
section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS (80 FR 65680). An 
explanation of the CAA requirements, a detailed analysis of the 
submittal, and the EPA's reasons for approval were provided in the 
notice of proposed rulemaking, and will not be restated here. The 
public comment period for this proposed rule ended on November 27, 
2015. The EPA received no comments on the proposal.

II. Final Action

    The EPA is approving Oregon's June 28, 2010 submittal as meeting 
the CAA section 110(a)(2)(D)(i)(I) interstate transport requirements 
for the 2008 ozone NAAQS.

III. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because this action does not involve technical standards; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249,

[[Page 79267]]

November 9, 2000), nor will it impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 19, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Dated: December 8, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart MM--Oregon

0
2. Section 52.1991 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.1991  Section 110(a)(2) infrastructure requirements.

* * * * *
    (d) The EPA approves Oregon's June 28, 2010 submittal as meeting 
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone 
NAAQS.

[FR Doc. 2015-31915 Filed 12-18-15; 8:45 am]
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                                           79266            Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Rules and Regulations

                                           ■ 2. Section 52.720 is amended by                       emissions that will contribute                        III. Statutory and Executive Orders
                                           adding paragraph (c)(207) to read as                    significantly to nonattainment or                     Review
                                           follows:                                                interfere with maintenance of the 2008                   Under the CAA, the Administrator is
                                                                                                   ozone National Ambient Air Quality                    required to approve a SIP submission
                                           § 52.720   Identification of plan.                      Standard (NAAQS) in any other state.
                                           *      *     *    *     *                                                                                     that complies with the provisions of the
                                             (c) * * *                                             DATES: This final rule is effective                   CAA and applicable Federal regulations.
                                             (207) On September 3, 2014, Illinois                  January 20, 2016.                                     42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                           submitted a variance to its regional haze               ADDRESSES:   The EPA has established a                Thus, in reviewing SIP submissions, the
                                           state implementation plan affecting the                 docket for this action under Docket ID                EPA’s role is to approve state choices,
                                           electrical generating units (EGUs)                      No. EPA–R10–OAR–2015–0259. All                        provided that they meet the criteria of
                                           included in the Ameren Multi-Pollutant                  documents in the docket are listed on                 the CAA. Accordingly, this action
                                           Standard Group (Ameren MPS Group).                      the http://www.regulations.gov Web                    merely approves state law as meeting
                                           The Ameren MPS Group consists of five                   site. Although listed in the index, some              Federal requirements and does not
                                           facilities owned by Illinois Power                      information is not publicly available,                impose additional requirements beyond
                                           Holdings, LLC (IPH) and two facilities                  e.g., Confidential Business Information               those imposed by state law. For that
                                           owned by AmerenEnergy Medina Valley                     (CBI) or other information the disclosure             reason, this action:
                                           Cogen, LLC (Medina Valley). The IPH                     of which is restricted by statute. Certain               • Is not a ‘‘significant regulatory
                                           facilities included in the Ameren MPS                   other material, such as copyrighted                   action’’ subject to review by the Office
                                           Group and subject to the variance                       material, is not placed on the Internet               of Management and Budget under
                                           include: Coffeen Energy Center                          and will be publicly available only in                Executive Orders 12866 (58 FR 51735,
                                           (Montgomery County), Duck Creek                         hard copy form. Publicly available                    October 4, 1993) and 13563 (76 FR 3821,
                                           Energy Center (Fulton County), E.D.                     docket materials are available either                 January 21, 2011);
                                           Edwards Energy Center (Peoria County),                  electronically through http://                           • Does not impose an information
                                           Joppa Energy Center (Massac County),                    www.regulations.gov or in hard copy at                collection burden under the provisions
                                           and Newton Energy Center (Jasper                        the Air Programs Unit, Office of Air,                 of the Paperwork Reduction Act (44
                                           County). The Medina Valley facilities                   Waste and Toxics, EPA Region 10, 1200                 U.S.C. 3501 et seq.);
                                           included in the Ameren MPS Group and                    Sixth Avenue, Seattle, WA, 98101. The                    • Is certified as not having a
                                           subject to the variance are the                         EPA requests that if at all possible, you             significant economic impact on a
                                           Meredosia Energy Center (Morgan                         contact the individual listed in the FOR              substantial number of small entities
                                           County) and the Hutsonville Energy                      FURTHER INFORMATION CONTACT section to
                                                                                                                                                         under the Regulatory Flexibility Act (5
                                           Center (Crawford County).                               view the hard copy of the docket. You                 U.S.C. 601 et seq.);
                                             (i) Incorporation by reference.                       may view the hard copy of the docket                     • Does not contain any unfunded
                                             (A) Illinois Pollution Control Board                  Monday through Friday, 8:00 a.m. to                   mandate or significantly or uniquely
                                           Order PCB 14–10, adopted on November                    4:00 p.m., excluding Federal holidays.                affect small governments, as described
                                           21, 2013; Certificate of Acceptance, filed                                                                    in the Unfunded Mandates Reform Act
                                                                                                   FOR FURTHER INFORMATION CONTACT:                      of 1995 (Pub. L. 104–4);
                                           with the Illinois Pollution Control Board
                                           Clerk’s Office December 20, 2013.
                                                                                                   Kristin Hall at (206) 553–6357,                          • Does not have Federalism
                                                                                                   hall.kristin@epa.gov, or the above EPA,               implications as specified in Executive
                                           [FR Doc. 2015–31882 Filed 12–21–15; 8:45 am]            Region 10 address.                                    Order 13132 (64 FR 43255, August 10,
                                           BILLING CODE 6560–50–P                                                                                        1999);
                                                                                                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                            • Is not an economically significant
                                                                                                   Table of Contents                                     regulatory action based on health or
                                           ENVIRONMENTAL PROTECTION                                                                                      safety risks subject to Executive Order
                                                                                                   I. Background Information
                                           AGENCY                                                  II. Final Action                                      13045 (62 FR 19885, April 23, 1997);
                                           40 CFR Part 52
                                                                                                   III. Statutory and Executive Orders Review               • Is not a significant regulatory action
                                                                                                   I. Background Information                             subject to Executive Order 13211 (66 FR
                                           [EPA–R10–OAR–2015–0259; FRL–9940–35–                                                                          28355, May 22, 2001);
                                           Region 10]                                                 On October 27, 2015, the EPA                          • Is not subject to requirements of
                                                                                                   proposed to approve Oregon’s June 28,                 Section 12(d) of the National
                                           Approval and Promulgation of                            2010 submittal as meeting the interstate              Technology Transfer and Advancement
                                           Implementation Plans; Oregon:                           transport requirements of CAA section                 Act of 1995 (15 U.S.C. 272 note) because
                                           Interstate Transport of Ozone                           110(a)(2)(D)(i)(I) for the 2008 ozone                 this action does not involve technical
                                           AGENCY:  Environmental Protection                       NAAQS (80 FR 65680). An explanation                   standards; and
                                           Agency.                                                 of the CAA requirements, a detailed                      • Does not provide the EPA with the
                                           ACTION: Final rule.                                     analysis of the submittal, and the EPA’s              discretionary authority to address, as
                                                                                                   reasons for approval were provided in                 appropriate, disproportionate human
                                           SUMMARY:   The Clean Air Act (CAA)                      the notice of proposed rulemaking, and                health or environmental effects, using
                                           requires each State Implementation Plan                 will not be restated here. The public                 practicable and legally permissible
                                           (SIP) to contain adequate provisions                    comment period for this proposed rule                 methods, under Executive Order 12898
                                           prohibiting air emissions that will have                ended on November 27, 2015. The EPA                   (59 FR 7629, February 16, 1994).
                                           certain adverse air quality effects in                  received no comments on the proposal.                    In addition, the SIP is not approved
                                           other states. On June 28, 2010, the State                                                                     to apply on any Indian reservation land
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                                                                                                   II. Final Action
                                           of Oregon made a submittal to the                                                                             or in any other area where the EPA or
                                           Environmental Protection Agency (EPA)                      The EPA is approving Oregon’s June                 an Indian tribe has demonstrated that a
                                           to address these requirements. The EPA                  28, 2010 submittal as meeting the CAA                 tribe has jurisdiction. In those areas of
                                           is approving the submittal as meeting                   section 110(a)(2)(D)(i)(I) interstate                 Indian country, the rule does not have
                                           the requirement that each SIP contain                   transport requirements for the 2008                   tribal implications as specified by
                                           adequate provisions to prohibit                         ozone NAAQS.                                          Executive Order 13175 (65 FR 67249,


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                                                            Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Rules and Regulations                                         79267

                                           November 9, 2000), nor will it impose                   § 52.1991 Section 110(a)(2) infrastructure            DC 20460–0001; main telephone
                                           substantial direct costs on tribal                      requirements.                                         number: (703) 305–7090; email address:
                                           governments or preempt tribal law.                      *     *    *       *     *                            RDFRNotices@epa.gov.
                                              The Congressional Review Act, 5                        (d) The EPA approves Oregon’s June                  SUPPLEMENTARY INFORMATION:
                                           U.S.C. 801 et seq., as added by the Small               28, 2010 submittal as meeting the
                                                                                                   requirements of CAA section                           I. General Information
                                           Business Regulatory Enforcement
                                           Fairness Act of 1996, generally provides                110(a)(2)(D)(i)(I) for the 2008 ozone                 A. Does this action apply to me?
                                           that before a rule may take effect, the                 NAAQS.
                                                                                                                                                            You may be potentially affected by
                                           agency promulgating the rule must                       [FR Doc. 2015–31915 Filed 12–18–15; 8:45 am]
                                                                                                                                                         this action if you are an agricultural
                                           submit a rule report, which includes a                  BILLING CODE 6560–50–P                                producer, food manufacturer, or
                                           copy of the rule, to each House of the                                                                        pesticide manufacturer. The following
                                           Congress and to the Comptroller General                                                                       list of North American Industrial
                                           of the United States. The EPA will                      ENVIRONMENTAL PROTECTION                              Classification System (NAICS) codes is
                                           submit a report containing this action                  AGENCY                                                not intended to be exhaustive, but rather
                                           and other required information to the                                                                         provides a guide to help readers
                                           U.S. Senate, the U.S. House of                          40 CFR Part 180
                                                                                                                                                         determine whether this document
                                           Representatives, and the Comptroller                    [EPA–HQ–OPP–2014–0397; FRL–9937–18]                   applies to them. Potentially affected
                                           General of the United States prior to                                                                         entities may include:
                                           publication of the rule in the Federal                  Pendimethalin; Pesticide Tolerances                      • Crop production (NAICS code 111).
                                           Register. A major rule cannot take effect               AGENCY:  Environmental Protection                        • Animal production (NAICS code
                                           until 60 days after it is published in the              Agency (EPA).                                         112).
                                           Federal Register. This action is not a
                                                                                                   ACTION: Final rule.
                                                                                                                                                            • Food manufacturing (NAICS code
                                           ‘‘major rule’’ as defined by 5 U.S.C.                                                                         311).
                                           804(2).                                                 SUMMARY:   This regulation establishes                   • Pesticide manufacturing (NAICS
                                              Under section 307(b)(1) of the CAA,                  tolerances for residues of pendimethalin              code 32532).
                                           petitions for judicial review of this                   in or on multiple commodities which                   B. How can I get electronic access to
                                           action must be filed in the United States               are identified and discussed later in this            other related information?
                                           Court of Appeals for the appropriate                    document. Interregional Research
                                           circuit by February 19, 2016. Filing a                  Project Number 4 (IR–4) requested the                    You may access a frequently updated
                                           petition for reconsideration by the                     tolerances associated with pesticide                  electronic version of EPA’s tolerance
                                           Administrator of this final rule does not               petition number (PP) 4E8282, and BASF                 regulations at 40 CFR part 180 through
                                           affect the finality of this action for the              requested the tolerances associated with              the Government Printing Office’s e-CFR
                                           purposes of judicial review nor does it                 (PP) 4F8261, under the Federal Food,                  site at http://www.ecfr.gov/cgi-bin/text-
                                           extend the time within which a petition                 Drug, and Cosmetic Act (FFDCA).                       idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                           for judicial review may be filed, and                                                                         40tab_02.tpl.
                                                                                                   DATES: This regulation is effective
                                           shall not postpone the effectiveness of                 December 21, 2015. Objections and                     C. How can I file an objection or hearing
                                           such rule or action. This action may not                requests for hearings must be received                request?
                                           be challenged later in proceedings to                   on or before February 19, 2016, and
                                           enforce its requirements. See section                                                                           Under FFDCA section 408(g), 21
                                                                                                   must be filed in accordance with the                  U.S.C. 346a, any person may file an
                                           307(b)(2).                                              instructions provided in 40 CFR part                  objection to any aspect of this regulation
                                           List of Subjects in 40 CFR Part 52                      178 (see also Unit I.C. of the                        and may also request a hearing on those
                                                                                                   SUPPLEMENTARY INFORMATION).
                                                                                                                                                         objections. You must file your objection
                                             Environmental protection, Air                         ADDRESSES: The docket for this action,                or request a hearing on this regulation
                                           pollution control, Incorporation by                     identified by docket identification (ID)              in accordance with the instructions
                                           reference, Intergovernmental relations,                 number EPA–HQ–OPP–2014–0397, is                       provided in 40 CFR part 178. To ensure
                                           Ozone, Reporting and recordkeeping                      available at http://www.regulations.gov               proper receipt by EPA, you must
                                           requirements.                                           or at the Office of Pesticide Programs                identify docket ID number EPA–HQ–
                                             Dated: December 8, 2015.                              Regulatory Public Docket (OPP Docket)                 OPP–2014–0397 in the subject line on
                                           Dennis J. McLerran,                                     in the Environmental Protection Agency                the first page of your submission. All
                                           Regional Administrator, Region 10.                      Docket Center (EPA/DC), West William                  objections and requests for a hearing
                                                                                                   Jefferson Clinton Bldg., Rm. 3334, 1301               must be in writing, and must be
                                             For the reasons set forth in the                      Constitution Ave. NW., Washington, DC                 received by the Hearing Clerk on or
                                           preamble, 40 CFR part 52 is amended as                  20460–0001. The Public Reading Room                   before February 19, 2016. Addresses for
                                           follows:                                                is open from 8:30 a.m. to 4:30 p.m.,                  mail and hand delivery of objections
                                                                                                   Monday through Friday, excluding legal                and hearing requests are provided in 40
                                           PART 52—APPROVAL AND                                    holidays. The telephone number for the                CFR 178.25(b).
                                           PROMULGATION OF                                         Public Reading Room is (202) 566–1744,                  In addition to filing an objection or
                                           IMPLEMENTATION PLANS                                    and the telephone number for the OPP                  hearing request with the Hearing Clerk
                                                                                                   Docket is (703) 305–5805. Please review               as described in 40 CFR part 178, please
                                           ■ 1. The authority citation for part 52                 the visitor instructions and additional               submit a copy of the filing (excluding
                                           continues to read as follows:                           information about the docket available                any Confidential Business Information
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                                               Authority: 42 U.S.C. 7401 et seq.                   at http://www.epa.gov/dockets.                        (CBI)) for inclusion in the public docket.
                                                                                                   FOR FURTHER INFORMATION CONTACT:                      Information not marked confidential
                                           Subpart MM—Oregon                                       Susan Lewis, Registration Division                    pursuant to 40 CFR part 2 may be
                                                                                                   (7505P), Office of Pesticide Programs,                disclosed publicly by EPA without prior
                                           ■ 2. Section 52.1991 is amended by                      Environmental Protection Agency, 1200                 notice. Submit the non-CBI copy of your
                                           adding paragraph (d) to read as follows:                Pennsylvania Ave. NW., Washington,                    objection or hearing request, identified


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Document Created: 2015-12-19 02:57:39
Document Modified: 2015-12-19 02:57:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective January 20, 2016.
ContactKristin Hall at (206) 553-6357,
FR Citation80 FR 79266 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements

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