81 FR 7978 - Approval of Iowa's Air Quality Implementation Plans; Polk County Board of Health Rules and Regulations, Chapter V, Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 31 (February 17, 2016)
Federal Register Volume 81, Issue 31 (February 17, 2016)
| Page Range | 7978-7980 | |
| FR Document | 2016-03108 |
[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)] [Rules and Regulations] [Pages 7978-7980] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03108] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2016-0045; FRL-9942-37-Region 7] Approval of Iowa's Air Quality Implementation Plans; Polk County Board of Health Rules and Regulations, Chapter V, Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP) for the State of Iowa. The purpose of these revisions is to update the Polk County Board of Health Rules and Regulations, Chapter V, Air Pollution. The revisions reflect updates to the Iowa statewide rules previously approved by EPA and will ensure consistency between the applicable local agency rules and Federally-approved rules. DATES: This direct final rule will be effective April 18, 2016, without further notice, unless EPA receives adverse comment by March 18, 2016. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2016-0045, to http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, 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. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. What action is EPA taking? I. What is being addressed in this document? The State of Iowa has requested EPA approval of revisions to the local agency's rules and regulations, Chapter V, Air Pollution, as a revision to the SIP. In order for the local program's Air Pollution rules to be incorporated into the Federally-enforceable SIP, on behalf of the local agency, the state must submit the formally adopted regulations and control strategies, which are consistent with the state and Federal requirements, to EPA for inclusion in the SIP. The regulation adoption process generally includes public notice, a public comment period and a public hearing, and formal adoption of the rule by the state authorized rulemaking body. In this case, that rulemaking body is the local agency. After the local agency formally adopts the rule, the local agency submits the rulemaking to the state, and then the state submits the rulemaking to EPA for consideration for formal action (inclusion of the rulemaking into the SIP). EPA must provide public notice and seek additional public comment regarding the proposed Federal action on the state's submission. EPA received the request from the state to adopt revisions to the local air agency rules into the SIP on December 8, 2015. The revisions were adopted by the local agency on October 6, 2015, and became effective on October 12, 2015. EPA is approving the requested revisions to the Iowa SIP relating to the following:Article I. In General, Section 5-1. Purpose and Ambient Air Quality Standards; Article I. In General, Section 5-2. Definitions; Article X. Permits, Division 1. Construction Permits, Section 5-33. Exemptions from Permit Requirements; Article X. Permits, Division 2. Operating Permits, Section 5-39. Exemptions from Permit Requirement. EPA's action does not cover revisions to: Article VI. Emission of Air Contaminants from Industrial Processes, New Source Performance Standards, Section 5-16(n), Article VIII. National Emission Standards for Hazardous Air Pollutants for Source Categories, Section 5-16(p), and, Article VIII. National Emission Standards for Hazardous Air Pollutants for Source Categories, Section 5-20. EPA is also approving the definition of Maximum Achievable Control Technology that was inadvertently omitted from the January 12, 2015, Federal Register notice that approved the September 2013 revisions to the Polk County Board of Health Rules and Regulations, Chapter V, Air Pollution. 80 FR 1471. II. Have the requirements for approval of a SIP revision been met? The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied [[Page 7979]] the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained previously and in more detail in the technical support document which is part of this docket, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. III. What action is EPA taking? We are taking direct final action to approve the revisions to the Polk County Board of Health Rules and Regulations, Chapter V, Air Pollution. The local agency routinely revises its Air Pollution regulations to be consistent with the Federally-approved Iowa Administrative Code. The local agency's Air Pollution rules are consistent with state and Federal regulations and are revised as follows: Article I, section 5-1(c) is revised to cite the cross reference to state-approved rules at (455B). The definition ``Responsible official'' was added to article I, section 5-2, the definition for ``Volatile Organic Compounds'' was revised to cite the most recent federal reference. Article X, division 1, Construction Permits, section 5-33, Exemptions from Permit Requirements, and article X, division 2, Operating Permits, section 5-39, Exemptions from Permit Requirements, were revised to add an introductory paragraph stating that the permitting exemptions of these sections do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. Article X, division 1, Construction Permits, section 5-33, Exemptions from Permit Requirements, and article X, division 2, Operating Permits, section 5-39, Exemptions from Permit Requirements, were revised to add recordkeeping requirements to the exemption for electric hand soldering, wave soldering and electric solder paste reflow ovens, and the exemption for emissions from mobile internal combustion engines at equipment repair shops or equipment dealerships was revised to add emissions from over-the-road trucks. Article X, division 1, Construction Permits, section 5-33, Exemptions from Permit Requirements, and article X, division 2, Operating Permits, section 5-39, Exemptions from Permit Requirements, were revised to add three additional exemptions as follows: Equipment that is not related to the production of goods or services and used exclusively for academic purposes, located at educational institutions as defined in Iowa Code section 455B.161; any container, storage tank, or vessel that contains fluid having a maximum true vapor pressure of less than 0.75 psia, and fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces. Details of the three additional exemptions and other Polk County revisions can be found in the Technical Support Document in the docket of this rulemaking. With this SIP action, EPA is also approving the definition of Maximum Achievable Control Technology (MACT). The MACT definition was included in the September 2013 SIP submission for Polk County; however, EPA inadvertently omitted the definition from the Federal Register notice. 80 FR 1471, January 12, 2015. The definition of MACT is consistent with the Federally-approved Iowa SIP. We are publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment because the revisions are largely administrative and consistent with Federal regulations. However, in the ``Proposed Rules'' section of today's Federal Register, we are publishing a separate document that will serve as the proposed rule to approve the SIP revision if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We will address all public comments in any subsequent final rule based on the proposed rule. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Iowa Regulations described in the direct final amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). Statutory and Executive Order Reviews Under the 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). 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 [[Page 7980]] 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 April 18, 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, Intergovernmental relations, Incorporation by reference, Reporting and recordkeeping requirements. Dated: February 1, 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. Amend Sec. 52.820(c) by revising in the table under ``Polk County'' the entry for ``Chapter V'' to read as follows: Sec. 52.820 Identification of plan. * * * * * (c) * * * Epa-Approved Iowa Regulations ---------------------------------------------------------------------------------------------------------------- State Iowa citation Title effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Iowa Department of Natural Resources Environmental Protection Commission [567] ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Polk County ---------------------------------------------------------------------------------------------------------------- CHAPTER V........................ Polk County Board of 10/12/15 2/17/16, [Insert Article I, Section Health Rules and Federal Register 5-2, definition of Regulations Air citation]. ``variance,'' Pollution Chapter V. ``anaerobic lagoon,'' and ``greenhouse gases''; Article III, Incineration and Open Burning, Section 5-7(d) Variance Application; Article VI, Sections 5-16(n), (o) and (p); Article VIII; Article IX, Sections 5-27(3) and (4); Article X, Section 5-28, subsections (a) through (c), and Article X, Section 5-35(b)(5); Article XIII; and Article XVI, Section 5-75 are not part of the SIP. Article VI, Section 5-17, adopted by Polk County on 7/ 26/2011, is not part of the SIP, and the previously approved version of Article VI, Section 5-17 remains part of the SIP. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-03108 Filed 2-16-16; 8:45 am] BILLING CODE 6560-50-P
![7978 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State
Applicable geographic
Name of SIP provision submittal/ EPA approval date Explanation
or nonattainment area effective date
* * * * * * *
Infrastructure and Interstate Transport for the Albuquerque-Bernalillo 6/11/2015 2/17/16 [Insert FR page
2010 SO2 NAAQS. County. number where docu-
ment begins].
[FR Doc. 2016–03117 Filed 2–16–16; 8:45 am] considered the official comment and the state, and then the state submits the
BILLING CODE 6560–50–P should include discussion of all points rulemaking to EPA for consideration for
you wish to make. The EPA will formal action (inclusion of the
generally not consider comments or rulemaking into the SIP). EPA must
ENVIRONMENTAL PROTECTION comment contents located outside of the provide public notice and seek
AGENCY primary submission (i.e. on the Web, additional public comment regarding
cloud, or other file sharing system). For the proposed Federal action on the
40 CFR Part 52 additional submission methods, the full state’s submission.
[EPA–R07–OAR–2016–0045; FRL–9942–37– EPA public comment policy, EPA received the request from the
Region 7] information about CBI or multimedia state to adopt revisions to the local air
submissions, and general guidance on agency rules into the SIP on December
Approval of Iowa’s Air Quality making effective comments, please visit 8, 2015. The revisions were adopted by
Implementation Plans; Polk County http://www2.epa.gov/dockets/ the local agency on October 6, 2015, and
Board of Health Rules and commenting-epa-dockets. became effective on October 12, 2015.
Regulations, Chapter V, Revisions EPA is approving the requested
FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection Heather Hamilton, Environmental revisions to the Iowa SIP relating to the
Agency (EPA). Protection Agency, Air Planning and following:
ACTION: Direct final rule. Development Branch, 11201 Renner • Article I. In General, Section 5–1.
Boulevard, Lenexa, Kansas 66219 at Purpose and Ambient Air Quality
SUMMARY: The Environmental Protection (913) 551–7039, or by email at Standards;
Agency (EPA) is approving revisions to hamilton.heather@epa.gov. • Article I. In General, Section 5–2.
the State Implementation Plan (SIP) for Definitions;
the State of Iowa. The purpose of these SUPPLEMENTARY INFORMATION: • Article X. Permits, Division 1.
revisions is to update the Polk County Throughout this document ‘‘we,’’ ‘‘us,’’ Construction Permits, Section 5–33.
Board of Health Rules and Regulations, or ‘‘our’’ refer to EPA. This section Exemptions from Permit Requirements;
Chapter V, Air Pollution. The revisions provides additional information by • Article X. Permits, Division 2.
reflect updates to the Iowa statewide addressing the following: Operating Permits, Section 5–39.
rules previously approved by EPA and I. What is being addressed in this Exemptions from Permit Requirement.
will ensure consistency between the document? EPA’s action does not cover revisions to:
applicable local agency rules and II. Have the requirements for approval of a • Article VI. Emission of Air
Federally-approved rules. SIP revision been met?
III. What action is EPA taking?
Contaminants from Industrial Processes,
DATES: This direct final rule will be New Source Performance Standards,
effective April 18, 2016, without further Section 5–16(n),
I. What is being addressed in this
notice, unless EPA receives adverse
document? • Article VIII. National Emission
comment by March 18, 2016. If EPA Standards for Hazardous Air Pollutants
receives adverse comment, we will The State of Iowa has requested EPA for Source Categories, Section 5–16(p),
publish a timely withdrawal of the approval of revisions to the local and,
direct final rule in the Federal Register agency’s rules and regulations, Chapter • Article VIII. National Emission
informing the public that the rule will V, Air Pollution, as a revision to the SIP. Standards for Hazardous Air Pollutants
not take effect. In order for the local program’s Air for Source Categories, Section 5–20.
ADDRESSES: Submit your comments, Pollution rules to be incorporated into EPA is also approving the definition
identified by Docket ID No. EPA–R07– the Federally-enforceable SIP, on behalf of Maximum Achievable Control
OAR–2016–0045, to http:// of the local agency, the state must Technology that was inadvertently
www.regulations.gov. Follow the online submit the formally adopted regulations omitted from the January 12, 2015,
instructions for submitting comments. and control strategies, which are Federal Register notice that approved
Once submitted, comments cannot be consistent with the state and Federal the September 2013 revisions to the
edited or removed from Regulations.gov. requirements, to EPA for inclusion in Polk County Board of Health Rules and
EPA may publish any comment received the SIP. The regulation adoption process Regulations, Chapter V, Air Pollution.
asabaliauskas on DSK5VPTVN1PROD with RULES
to its public docket. Do not submit generally includes public notice, a 80 FR 1471.
electronically any information you public comment period and a public
consider to be Confidential Business hearing, and formal adoption of the rule II. Have the requirements for approval
Information (CBI) or other information by the state authorized rulemaking of a SIP revision been met?
whose disclosure is restricted by statute. body. In this case, that rulemaking body The state submission has met the
Multimedia submissions (audio, video, is the local agency. After the local public notice requirements for SIP
etc.) must be accompanied by a written agency formally adopts the rule, the submissions in accordance with 40 CFR
comment. The written comment is local agency submits the rulemaking to 51.102. The submission also satisfied
VerDate Sep<11>2014 19:42 Feb 16, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\17FER1.SGM 17FER1](https://thefederalregister.org/doc/81_FR_8009/page/1.svg)
![7980 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations
that before a rule may take effect, the affect the finality of this action for the PART 52—APPROVAL AND
agency promulgating the rule must purposes of judicial review nor does it PROMULGATION OF
submit a rule report, which includes a extend the time within which a petition IMPLEMENTATION PLANS
copy of the rule, to each House of the for judicial review may be filed, and
Congress and to the Comptroller General shall not postpone the effectiveness of ■ 1. The authority citation for part 52
of the United States. EPA will submit a such rule or action. This action may not continues to read as follows:
report containing this action and other be challenged later in proceedings to
required information to the U.S. Senate, enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
the U.S. House of Representatives, and 307(b)(2).)
the Comptroller General of the United Subpart Q—Iowa
States prior to publication of the rule in List of Subjects in 40 CFR Part 52
the Federal Register. A major rule Environmental protection, Air ■ 2. Amend § 52.820(c) by revising in
cannot take effect until 60 days after it pollution control, Intergovernmental the table under ‘‘Polk County’’ the entry
is published in the Federal Register. relations, Incorporation by reference, for ‘‘Chapter V’’ to read as follows:
This action is not a ‘‘major rule’’ as Reporting and recordkeeping
defined by 5 U.S.C. 804(2). § 52.820 Identification of plan.
requirements.
Under section 307(b)(1) of the CAA, * * * * *
Dated: February 1, 2016.
petitions for judicial review of this (c) * * *
action must be filed in the United States Mark Hague,
Court of Appeals for the appropriate Regional Administrator, Region 7.
circuit by April 18, 2016. Filing a For the reasons stated in the
petition for reconsideration by the preamble, EPA amends 40 CFR part 52
Administrator of this final rule does not as set forth below:
EPA-APPROVED IOWA REGULATIONS
State
Iowa citation Title effective EPA approval date Explanation
date
Iowa Department of Natural Resources Environmental Protection Commission [567]
* * * * * * *
Polk County
CHAPTER V .......... Polk County Board of Health 10/12/15 2/17/16, [Insert Federal Article I, Section 5–2, definition of ‘‘vari-
Rules and Regulations Air Register citation]. ance,’’ ‘‘anaerobic lagoon,’’ and ‘‘green-
Pollution Chapter V. house gases’’; Article III, Incineration and
Open Burning, Section 5–7(d) Variance
Application; Article VI, Sections 5–16(n),
(o) and (p); Article VIII; Article IX, Sections
5–27(3) and (4); Article X, Section 5–28,
subsections (a) through (c), and Article X,
Section 5–35(b)(5); Article XIII; and Article
XVI, Section 5–75 are not part of the SIP.
Article VI, Section 5–17, adopted by Polk
County on 7/26/2011, is not part of the
SIP, and the previously approved version
of Article VI, Section 5–17 remains part of
the SIP.
* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The Environmental Protection
[FR Doc. 2016–03108 Filed 2–16–16; 8:45 am] AGENCY Agency (EPA) is approving a State
BILLING CODE 6560–50–P Implementation Plan (SIP) submission
40 CFR Part 52 from the Governor of New Mexico for
[EPA–R06–OAR–2013–0613; FRL–9942–30– the City of Albuquerque-Bernalillo
Region 6] County for the 2010 Nitrogen Dioxide
(NO2) National Ambient Air Quality
Approval and Promulgation of Standards (NAAQS). The submittal
Implementation Plans; State of New addresses how the existing SIP provides
Mexico/Albuquerque-Bernalillo for implementation, maintenance, and
asabaliauskas on DSK5VPTVN1PROD with RULES
County; Infrastructure and Interstate enforcement of the 2010 NO2 NAAQS
Transport SIP 2010 Nitrogen Dioxide (infrastructure SIP or i-SIP). This i-SIP
National Ambient Air Quality ensures that the State’s SIP for
Standards
Albuquerque-Bernalillo County is
AGENCY: Environmental Protection adequate to meet the state’s
Agency (EPA). responsibilities under the Federal Clean
ACTION: Final rule. Air Act (CAA or Act), including the four
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Document Created: 2016-02-17 01:17:05
Document Modified: 2016-02-17 01:17:05
| 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 | Direct final rule. | |
| Dates | This direct final rule will be effective April 18, 2016, without further notice, unless EPA receives adverse comment by March 18, 2016. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at [email protected] | |
| FR Citation | 81 FR 7978 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Intergovernmental Relations; Incorporation by Reference and Reporting and Recordkeeping Requirements |
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