81 FR 53924 - Approval of Iowa's Air Quality Implementation Plans; Regional Haze State Implementation Plan Revision and 2013 Five-Year Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 157 (August 15, 2016)
Federal Register Volume 81, Issue 157 (August 15, 2016)
| Page Range | 53924-53926 | |
| FR Document | 2016-19041 |
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)] [Rules and Regulations] [Pages 53924-53926] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19041] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2014-0365; FRL-9949-82-Region 7] Approval of Iowa's Air Quality Implementation Plans; Regional Haze State Implementation Plan Revision and 2013 Five-Year Progress Report AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve the Iowa State Implementation Plan (SIP) revision submitted to EPA by the State of Iowa on July 19, 2013, documenting that the State's existing plan is making adequate progress to achieve visibility goals by 2018. The Iowa SIP revision addressed the Regional Haze Rule (RHR) requirements under the Clean Air Act (CAA or Act) to submit a report describing progress in achieving reasonable progress goals (RPGs) to improve visibility in Federally designated areas in nearby states that may be affected by emissions from sources in Iowa. EPA is taking final action to approve Iowa's determination that the existing Regional Haze (RH) SIP is adequate to meet the visibility goals and requires no substantive revision at this time. DATES: This final rule is effective September 14, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2014-0365. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure 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 www.regulations.gov or at the Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's official hours of business are Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Stephen Krabbe, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7991, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' refer to EPA. This section provides additional information by addressing the following: I. Background II. Summary of SIP Revision III. Final Action IV. Statutory and Executive Order Reviews I. Background On July 3, 2014, (79 FR 37976), EPA published a notice of proposed rulemaking (NPR) for the State of Iowa. In the NPR, EPA proposed approval of Iowa's progress report SIP, a report on progress made in the first implementation period towards RPGs for Class I areas that are affected by emissions from Iowa sources. This progress report SIP and accompanying cover letter also included a determination that Iowa's existing regional haze SIP requires no [[Page 53925]] substantive revision to achieve the established regional haze visibility improvement and emissions reduction goals for 2018. On July 31, 2015, (80 FR 45631), EPA published a supplement to the NPR (SNPR) for the State of Iowa. In the SNPR, EPA addressed the potential effects on the NPR from the April 29, 2014, decision of the United States Supreme Court (Supreme Court) remanding to the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) EPA's Cross-State Air Pollution Rule (CSAPR) for further proceedings and the D.C. Circuit's decision to lift the stay of CSAPR. The supplemental notice provided clarity regarding how the court cases impacted Iowa's regional haze rule. States are required to submit a progress report in the form of a SIP revision every five years that evaluates progress towards the RPGs for each mandatory Class I Federal area within the state and in each mandatory Class I Federal area outside the state which may be affected by emissions from within the state. See 40 CFR 51.308(g). In addition, the provisions under 40 CFR 51.308(h) require states to submit, at the same time as the 40 CFR 51.308(g) progress report, a determination of the adequacy of the state's existing regional haze SIP. The first progress report SIP is due five years after submittal of the initial regional haze SIP. IDNR submitted its regional haze SIP on March 25, 2008, and submitted its progress report SIP revision on July 19, 2013. EPA finds that it satisfies the requirements of 40 CFR 51.308(g) and (h). No comments regarding the NPR or SNPR were received during the public comment period. II. Summary of SIP Revision On July 19, 2013, Iowa submitted a SIP revision describing the progress made toward the RPGs of Class I areas outside Iowa that are affected by emissions from Iowa's sources in accordance with requirements in the Regional Haze Rule.\1\ This progress report SIP also included an assessment of whether Iowa's existing regional haze SIP is sufficient to allow nearby states with Class I areas to achieve the reasonable progress goals by the end of the first planning period. --------------------------------------------------------------------------- \1\ EPA promulgated a rule to address regional haze on July 1, 1999 (64 FR 35713) known as the Regional Haze Rule. The Regional Haze Rule revised the existing visibility regulations to integrate into the regulation provisions addressing regional haze impairment and established a comprehensive visibility protection program for Class I areas. See 40 CFR 51.308 and 51.309. --------------------------------------------------------------------------- The provisions in 40 CFR 51.308(g) require a progress report SIP to address seven elements. In the NPR, EPA proposed to approve the SIP as adequately addressing each element under 40 CFR 51.308(g). The seven elements and EPA's proposed conclusions in the NPR are briefly summarized below. The provisions in 40 CFR 51.308(g) require progress report SIPs to include a description of the status of measures in the regional haze implementation plan; a summary of the emissions reductions achieved; an assessment of the visibility conditions for each Class I area in the state; an analysis of the changes in emissions from sources and activities within the state; an assessment of any significant changes in anthropogenic emissions within or outside the state that have limited or impeded visibility improvement progress in Class I areas impacted by the state's sources; an assessment of the sufficiency of the regional haze implementation plan to enable states to meet reasonable progress goals; and a review of the state's visibility monitoring strategy. As explained in detail in the NPR and the SNPR, EPA proposed Iowa's progress report SIP addressed each element and therefore satisfied the requirements under 40 CFR 51.308(g). In addition, pursuant to 40 CFR 51.308(h), states are required to submit, at the same time as the progress report SIP revision, a determination of the adequacy of their existing regional haze SIP and to take one of four possible actions based on information in the progress report. In its progress report SIP, Iowa determined that its regional haze SIP is sufficient to meet its obligations related to the reasonable progress goals for Class I areas affected by Iowa's sources. The State accordingly provided EPA with a negative declaration that further revision of the existing regional haze implementation plan was not needed at this time. See 40 CFR 51.308(h)(1). As explained in detail in the NPR and the SNPR, EPA proposed to determine that Iowa had adequately addressed 40 CFR 51.308(h) because the visibility data trends at the Class I areas impacted by Iowa's sources and the emissions trends of the largest emitters in Iowa of visibility- impairing pollutants both indicate that the reasonable progress goals for 2018 for these areas will be met or exceeded. Therefore, in our NPR and SNPR, EPA proposed to approve Iowa's progress report SIP as meeting the requirements of 40 CFR 51.308(g) and (h). III. Final Action EPA is taking final action to approve Iowa's regional haze five- year progress report and SIP revision, submitted July 19, 2013, as meeting the applicable regional haze requirements as set forth in 40 CFR 51.308(g) and 51.308 (h). IV. Statutory and Executive Order Reviews Under the Clean Air Act (CAA), the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 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 application of those requirements would be inconsistent with the CAA; and Does not provide 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). [[Page 53926]] The SIP is not approved to apply on any Indian reservation land or in any other area where 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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. 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 October 14, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 20, 2016. Mark Hague, Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below: 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 Q--Iowa 0 2. In Sec. 52.820(e) the table is amended by adding and reserving entry (43), and by adding entry (44) in numerical order to read as follows: Sec. 52.820 Identification of plan. * * * * * (e) * * * EPA-Approved Iowa Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State EPA approval date Explanation provision nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (43) Reserved] (44) State Implementation Plan Statewide........... 7/19/13 8/15/16, [Insert [EPA-R07-OAR-2014-0 (SIP) Revision for the Federal Register 365; FRL-9949-82- Attainment and Maintenance of citation]. Region 7. National Ambient Air Quality Standards for Regional Haze (2013 Five-Year Progress Report). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-19041 Filed 8-12-16; 8:45 am] BILLING CODE 6560-50-P
![53924 Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations
Restricted area and along the shore line actual notice from August 15, 2016 may be affected by emissions from
back to San Luis Beach and restricting through 7 p.m. August 31, 2016. For the sources in Iowa. EPA is taking final
access to Sumay Cove to Navy and Coast purposes of enforcement, actual notice action to approve Iowa’s determination
Guard operational responses. It is will be used from 7 a.m. July 31, 2016 that the existing Regional Haze (RH) SIP
categorically excluded from further through August 15, 2016 and this rule is adequate to meet the visibility goals
review under paragraph 34(g) of Figure is enforced from the time vessel and requires no substantive revision at
2–1 of the Commandant Instruction. An operations begin until they are this time.
environmental analysis checklist completed. DATES: This final rule is effective
supporting this determination and a (c) Regulations. The general September 14, 2016.
Categorical Exclusion Determination are regulations governing safety zones ADDRESSES: EPA has established a
available in the docket where indicated contained in 33 CFR 165.23 apply. No docket for this action under Docket ID
under ADDRESSES. We seek any vessels may enter or transit safety zone No. EPA–R07–OAR–2014–0365. All
comments or information that may lead unless authorized by the COTP or a documents in the docket are listed on
to the discovery of a significant designated representative thereof. the www.regulations.gov Web site.
environmental impact from this rule. (d) Enforcement. Any Coast Guard Although listed in the index, some
commissioned, warrant, or petty officer, information is not publicly available,
G. Protest Activities
and any other COTP representative i.e., CBI or other information whose
The Coast Guard respects the First permitted by law, may enforce this disclosure is restricted by statute.
Amendment rights of protesters. temporary safety zone. Certain other material, such as
Protesters are asked to contact the (e) Waiver. The COTP may waive any copyrighted material, is not placed on
person listed in the FOR FURTHER of the requirements of this rule for any the Internet and will be publicly
INFORMATION CONTACT section to person, vessel or class of vessel upon available only in hard copy form.
coordinate protest activities so that your finding that application of the safety Publicly available docket materials are
message can be received without zone is unnecessary or impractical for available either electronically through
jeopardizing the safety or security of the purpose of maritime security. www.regulations.gov or at the
people, places or vessels. (f) Penalties. Vessels or persons Environmental Protection Agency, Air
List of Subjects in 33 CFR Part 165 violating this rule are subject to the Planning and Development Branch,
penalties set forth in 33 U.S.C. 1232 and 11201 Renner Boulevard, Lenexa,
Harbors, Marine safety, Navigation 50 U.S.C. 192.
(water), Reporting and record-keeping Kansas 66219. The Regional Office’s
requirements, Security measures, Dated: July 14, 2016. official hours of business are Monday
Waterways. James B. Pruett, through Friday, 8:00 a.m. to 4:30 p.m.,
Captain, U.S. Coast Guard, Captain of the excluding Federal holidays. The
For the reasons discussed in the
Port, Guam. interested persons wanting to examine
preamble, the Coast Guard amends 33
[FR Doc. 2016–19372 Filed 8–12–16; 8:45 am] these documents should make an
CFR part 165 as follows:
BILLING CODE 9110–04–P appointment with the office at least 24
PART 165—REGULATED NAVIGATION hours in advance.
AREAS AND LIMITED ACCESS AREAS FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION Stephen Krabbe, Environmental
■ 1. The authority citation for part 165 AGENCY Protection Agency, Air Planning and
continues to read as follows: Development Branch, 11201 Renner
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 40 CFR Part 52 Boulevard, Lenexa, Kansas 66219 at
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; [EPA–R07–OAR–2014–0365; FRL–9949–82–
913–551–7991, or by email at
Department of Homeland Security Delegation Region 7] krabbe.stephen@epa.gov.
No. 0170.1.
SUPPLEMENTARY INFORMATION:
■ 2. Add § 165.T14–0644 to read as Approval of Iowa’s Air Quality Throughout this document ‘‘we,’’ ‘‘us,’’
follows: Implementation Plans; Regional Haze or ‘‘our’’ refer to EPA. This section
State Implementation Plan Revision provides additional information by
§ 165. T14–0644 Safety Zone; Apra Outer
Harbor, Naval Base Guam.
and 2013 Five-Year Progress Report addressing the following:
(a) Location. The following areas AGENCY: Environmental Protection I. Background
comprise a safety zone within the Guam Agency (EPA). II. Summary of SIP Revision
Captain of the Port (COTP) Zone (See 33 III. Final Action
ACTION: Final rule.
CFR 3.70–15): All navigable waters IV. Statutory and Executive Order Reviews
bounded by an imaginary line starting at SUMMARY: The Environmental Protection
13°26′34″ N., 144°38′44″ E. at San Luis Agency (EPA) is taking final action to I. Background
Beach; thence 900 yards to 13°26′57″ N., approve the Iowa State Implementation On July 3, 2014, (79 FR 37976), EPA
144°38′44″ E.; thence to 13°26′57″ N., Plan (SIP) revision submitted to EPA by published a notice of proposed
144°39′31″ E. across Commadores Cut; the State of Iowa on July 19, 2013, rulemaking (NPR) for the State of Iowa.
thence to 13°26′42″ N., 144°39′45″ E. at documenting that the State’s existing In the NPR, EPA proposed approval of
the Navy Restricted area; thence to plan is making adequate progress to Iowa’s progress report SIP, a report on
13°26′36″ N., 144°39′45″ E. at Guam achieve visibility goals by 2018. The progress made in the first
sradovich on DSK3GMQ082PROD with RULES
Shipyard; and then along the shore line Iowa SIP revision addressed the implementation period towards RPGs
back to San Luis Beach, restricting Regional Haze Rule (RHR) requirements for Class I areas that are affected by
access to Sumay Cove to Navy and Coast under the Clean Air Act (CAA or Act) emissions from Iowa sources. This
Guard operational responses. All to submit a report describing progress in progress report SIP and accompanying
coordinates are NAD 83. achieving reasonable progress goals cover letter also included a
(b) Effective dates and enforcement (RPGs) to improve visibility in Federally determination that Iowa’s existing
period. This rule is effective without designated areas in nearby states that regional haze SIP requires no
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![53926 Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations
The SIP is not approved to apply on cannot take effect until 60 days after it requirements, Sulfur oxides, Volatile
any Indian reservation land or in any is published in the Federal Register. organic compounds.
other area where EPA or an Indian tribe This action is not a ‘‘major rule’’ as Dated: July 20, 2016.
has demonstrated that a tribe has defined by 5 U.S.C. 804(2). Mark Hague,
jurisdiction. In those areas of Indian Under section 307(b)(1) of the CAA,
petitions for judicial review of this Regional Administrator, Region 7.
country, the rule does not have tribal
implications and will not impose action must be filed in the United States For the reasons stated in the
substantial direct costs on tribal Court of Appeals for the appropriate preamble, EPA amends 40 CFR part 52
governments or preempt tribal law as circuit by October 14, 2016. Filing a as set forth below:
specified by Executive Order 13175 (65 petition for reconsideration by the
FR 67249, November 9, 2000). Administrator of this final rule does not PART 52—APPROVAL AND
affect the finality of this action for the PROMULGATION OF
The Congressional Review Act, 5 purposes of judicial review nor does it IMPLEMENTATION PLANS
U.S.C. 801 et seq., as added by the Small extend the time within which a petition
Business Regulatory Enforcement for judicial review may be filed, and ■ 1. The authority citation for part 52
Fairness Act of 1996, generally provides shall not postpone the effectiveness of continues to read as follows:
that before a rule may take effect, the such rule or action. This action may not Authority: 42 U.S.C. 7401 et. seq.
agency promulgating the rule must be challenged later in proceedings to
submit a rule report, which includes a enforce its requirements. (See section Subpart Q—Iowa
copy of the rule, to each House of the 307(b)(2).)
Congress and to the Comptroller General ■ 2. In § 52.820(e) the table is amended
of the United States. EPA will submit a List of Subjects in 40 CFR Part 52 by adding and reserving entry (43), and
report containing this action and other Environmental protection, Air by adding entry (44) in numerical order
required information to the U.S. Senate, pollution control, Carbon monoxide, to read as follows:
the U.S. House of Representatives, and Incorporation by reference,
the Comptroller General of the United Intergovernmental relations, Lead, § 52.820 Identification of plan.
States prior to publication of the rule in Nitrogen dioxide, Ozone, Particulate * * * * *
the Federal Register. A major rule matter, Reporting and recordkeeping (e) * * *
EPA-APPROVED IOWA NONREGULATORY PROVISIONS
Name of nonregula- Applicable geographic or State submittal EPA approval date Explanation
tory SIP provision nonattainment area date
* * * * * * *
(43) Reserved]
(44) State Implemen- Statewide .................................... 7/19/13 8/15/16, [Insert Federal Reg- [EPA–R07–OAR–2014–0365;
tation Plan (SIP) ister citation]. FRL–9949–82–Region 7.
Revision for the At-
tainment and Main-
tenance of National
Ambient Air Quality
Standards for Re-
gional Haze (2013
Five-Year Progress
Report).
[FR Doc. 2016–19041 Filed 8–12–16; 8:45 am] submitted by the State of New ADDRESSES: Submit your comments,
BILLING CODE 6560–50–P Hampshire on October 4, 2012. The identified by Docket ID No. EPA–R01–
revision clarifies Reasonably Available OAR–2012–0865 at http://
Control Technology (RACT) www.regulations.gov, or via email to
ENVIRONMENTAL PROTECTION requirements as they apply to minor Mackintosh.David@epa.gov. For
AGENCY core activities of volatile organic comments submitted at Regulations.gov,
compound (VOC) sources. The intended follow the online instructions for
40 CFR Part 52 submitting comments. Once submitted,
effect of this action is to approve these
[EPA–R01–OAR–2012–0865; A–1–FRL– requirements into the New Hampshire comments cannot be edited or removed
9950–60–Region 1] SIP. This action is being taken in from Regulations.gov. For either manner
accordance with the Clean Air Act. of submission, the EPA may publish any
Air Plan Approval; NH; Control of comment received to its public docket.
Volatile Organic Compound Emissions DATES: This direct final rule will be Do not submit electronically any
From Minor Core Activities effective October 14, 2016, unless EPA information you consider to be
sradovich on DSK3GMQ082PROD with RULES
AGENCY: Environmental Protection receives adverse comments by Confidential Business Information (CBI)
Agency (EPA). September 14, 2016. If adverse or other information whose disclosure is
comments are received, EPA will restricted by statute. Multimedia
ACTION: Direct final rule.
publish a timely withdrawal of the submissions (audio, video, etc.) must be
SUMMARY: The Environmental Protection direct final rule in the Federal Register accompanied by a written comment.
Agency (EPA) is approving a State informing the public that the rule will The written comment is considered the
Implementation Plan (SIP) revision not take effect. official comment and should include
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Document Created: 2016-08-13 02:22:26
Document Modified: 2016-08-13 02:22:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective September 14, 2016. | |
| Contact | Stephen Krabbe, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7991, or by email at [email protected] | |
| FR Citation | 81 FR 53924 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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