83 FR 14232 - Air Plan Approval; Ohio; Hospital/Medical/Infectious Waste Incinerator Withdrawal for Designated Facilities and Pollutants
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 64 (April 3, 2018)
Federal Register Volume 83, Issue 64 (April 3, 2018)
| Page Range | 14232-14234 | |
| FR Document | 2018-06748 |
[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)] [Proposed Rules] [Pages 14232-14234] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06748] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R05-OAR-2018-0113; FRL-9976-13-Region 5] Air Plan Approval; Ohio; Hospital/Medical/Infectious Waste Incinerator Withdrawal for Designated Facilities and Pollutants AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve Ohio's request for withdrawal of the previously approved Hospital/Medical/Infectious Waste Incinerator (HMIWI) State Plan. The Ohio Environmental Protection Agency (OEPA) submitted its HMIWI withdrawal on January 24, 2018, certifying that there is only one HMIWI unit currently operating in the state of Ohio and requesting that the Federal Plan apply to the single source in the State. DATES: Comments must be received on or before May 3, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2018-0113, at http://www.regulations.gov or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. [[Page 14233]] 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. 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, please contact the person identified in the ``For Further Information Contact'' section. For 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: Margaret Sieffert, Environmental Engineer, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. Proposed EPA Action III. Statutory and Executive Order Reviews I. Background Section 111(d) of the Clean Air Act (Act) requires that EPA develop regulations providing that states must submit to EPA plans establishing standards of performance for certain existing sources of pollutants. A standard of performance would apply to the existing source if it were an existing source, and if the pollutants are noncriteria pollutants (i.e., pollutants for which there is no national ambient air quality standard) and are not on a list published under section 108 of the Act or emitted from a source category regulated under section 112 of the Act. Section 129 of the Act, and 40 CFR part 60, subpart B, apply the section 111(d) requirements to existing solid waste combustors, including HMIWIs, and provide that EPA should include, as part of the performance standards, emissions guidelines (EGs) that include the plan elements required by section 129. The regulation at 40 CFR part 60, subpart B contains general provisions applicable to the adoption and submittal of state plans for subject facilities under sections 111(d) and 129 (111(d)/129 plan). 40 CFR part 62, subpart A provides the procedural framework for the submission of the plans. EPA promulgated new source performance standards and EGs for HMIWIs on September 15, 1997 (62 FR 48382), and amended them most recently on October 6, 2009 (74 FR 51367) and April 4, 2011 (76 FR 18407). The standards and EGs are codified at 40 CFR part 60, subparts Ce and Ec, respectively. States were required to revise plans for existing HMIWIs, pursuant to sections 111(d) and 129 of the Act and 40 CFR part 60, subpart B. OEPA submitted a HMIWI State Plan on October 18, 2005. EPA approved the State Plan under 40 CFR 62.8880, and the State Plan became effective on August 6, 2007 (72 FR 36605). On May 13, 2013, EPA finalized the Federal Plan under 40 CFR part 62, subpart HHH (78 FR 28052). A HMIWI unit as defined in 40 CFR 60.31e, means any device that combusts any amount of hospital waste and/or medical/infectious waste. The designated facilities to which the original EG's applied were existing HMIWI units that: (1) For which construction was commenced on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998; or (2) For which construction was commenced after June 20, 1996, but no later than December 1, 2008, or for which modification is commenced after March 16, 1998, but no later than April 6, 2010. On January 21, 2018, OEPA submitted its HMIWI withdrawal, in which it certifies that there is only one HMIWI unit currently operating in Ohio. On January 18, 2013, OEPA confirmed that two of the four HMIWI units had shut down. Since that time an additional HMIWI unit has shut down. The only remaining HMIWI unit is at Stericycle, Inc, located in Warren, OH. Because there is only one source, OEPA is requesting that the previously approved State Plan be withdrawn and that the Federal Plan apply to the source. Although Section 111(d) requires States to submit State Plans, EPA understands that the extensive amendments that would be required by OEPA to revise Ohio's previously approved State Plan to make it consistent with the revisions would be disproportionate to the single affected source in Ohio. EPA's Federal Plan implementing the EG's would apply to the remaining source in Ohio (as well as to any existing affected sources if found at a later date). Ohio would be implementing and enforcing the Federal Plan through its Title V permitting process. This action should not be construed as an approval of a State Plan or delegation of the Federal Plan and that Ohio's Section 111(d)/129 obligations are separate from Ohio's obligations under Title V of the Act. Ohio understands and accepts this limitation. II. Proposed EPA Action EPA is proposing to approve Ohio's request for withdrawal of a previously approved State Plan and amending 40 CFR part 62 to reflect OEPA's withdrawal. OEPA submitted its HMIWI withdrawal on January 21, 2018 certifying that there is only one HMIWI unit, as defined under 40 CFR 60.31e, currently operating in the state of Ohio and requested that the Federal Plan apply to the single source in the State. EPA understands that the extensive amendments that would be required by OEPA to revise Ohio's previously approved State Plan to make it consistent with the revisions would be disproportionate to the single affected source in Ohio, and is proposing to approve the withdrawal and have the Federal Plan apply to the known affected source. III. Statutory and Executive Order Reviews General Requirements This action is not a ``significant regulatory action'' under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and therefore is not subject to review by the Office of Management and Budget under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because this action is not significant under E.O. 12866. This action merely approves state law as meeting Federal requirements and merely notifies the public of EPA' approval for a withdrawal of a previously approved HMIWI State Plan. This action imposes no requirements beyond those imposed by the state. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rulemaking [[Page 14234]] approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). This proposed rule 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 rulemaking 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). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a withdrawal, and does not alter the relationship or the distribution of power and responsibilities established in the Act. This rulemaking also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves a withdrawal. In reviewing section 111(d)/129 plan submissions, EPA's role is to approve State choices, provided that they meet the criteria of the Act. With regard to withdrawals for designated facilities received by EPA from states, EPA's role is to notify the public of the approval of the State's withdrawal and revise 40 CFR part 62 accordingly. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a section 111(d)/129 withdrawal for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a section 111(d)/129 withdrawal, to use VCS in place of a section 111(d)/129 withdrawal submission that otherwise satisfies the provisions of the Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rulemaking does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Hospital/medical/infectious waste incinerators, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: March 20, 2018. Edward H. Chu, Acting Regional Administrator, Region 5. [FR Doc. 2018-06748 Filed 4-2-18; 8:45 am] BILLING CODE 6560-50-P
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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Sector Ohio Valley
Date Sponsor/name Safety zone
location
65. 1 day—During the first two weeks of July City of Maysville Fireworks ............................ Maysville, KY ............. Ohio River, Mile
408–409 (Kentucky).
66. 1 day—Saturday before Memorial Day .... Venture Outdoors/Venture Outdoors Festival Pittsburgh, PA ............ Allegheny River, Mile 0.0–0.25;
Monongahela River, Mile 0.0–0.25 (Penn-
sylvania).
67. 1 day—Third Saturday in July .................. Pittsburgh Irish Rowing Club/St. Brendan’s Pittsburgh, PA ............ Ohio River, Mile 7.0–9.0 (Pennsylvania).
Cup Currach Regatta.
68. 1 day—July 4th ......................................... Wellsburg 4th of July Committee/Wellsburg Wellsburg, WV ........... Ohio River, Mile 73.5–74.5 (West Virginia).
4th of July Freedom Celebration.
69. 1 day—Last week in June or first week of Newburgh Fireworks Display ......................... Newburgh, IN ............. Ohio River, Mile 777.3–778.3 (Indiana).
July.
70. 3 days—Third or Fourth weekend in April Henderson Tri-Fest/Henderson Breakfast Henderson, KY .......... Ohio River, Mile 802.5–805.5 (Kentucky).
Lions Club.
71. 1 day—Third week of November ............. Gallipolis in Lights .......................................... Gallipolis, OH ............. Ohio River, Mile 269.2–270 (Ohio).
72. 1 day—One weekend in September ........ Tribute to the River ........................................ Point Pleasant, WV .... Ohio River, Mile 264.6–265.6 (West Virginia).
73. 1 day—Labor Day or first week of Sep- Labor Day Fireworks Show ............................ Marmet, WV ............... Kanawha River, Mile 67.5–68 (West Vir-
tember. ginia).
74. 1 day—One weekend in August .............. Ravenswood River Festival ............................ Ravenswood, WV ...... Ohio River, Mile 220–221 (West Virginia).
75. 1 day—First weekend or week in July ..... Queen’s Landing Fireworks ........................... Greenup, KY .............. Ohio River, Mile 339.3–340.3 (West Virginia).
76. 1 day—First weekend in June .................. Cumberland River Compact/Nashville Splash Nashville, TN ............. Cumberland River, Mile 189.7–192.1 (Ten-
Bash. nessee).
77. 1 day—Second weekend in September ... Nashville Symphony/Concert Fireworks ........ Nashville, TN ............. Cumberland River, Mile 190.1–192.3 (Ten-
nessee).
78. 1 day—Second or third weekend in Octo- Outdoor Chattanooga/Swim the Suck ............ Chattanooga, TN ....... Tennessee River, Mile 452.0–454.5 (Ten-
ber. nessee).
79. 1 day—Friday or Saturday after Thanks- Friends of the Festival/Cheer at the Pier ....... Chattanooga, TN ....... Tennessee River, Mile 462.7–465.2 (Ten-
giving. nessee).
80. 1 day—July 3rd ........................................ Chattanooga Presents/Pops on the River ..... Chattanooga, TN ....... Tennessee River, Mile 462.7–465.2 (Ten-
nessee).
81. 7 days—Scheduled home games ............ University of Tennessee/UT Football Fire- Knoxville, TN .............. Tennessee River, Mile 645.6–648.3 (Ten-
works. nessee).
82. 1 day—July 3rd ........................................ Randy Boyd/Independence Celebration Fire- Knoxville, TN .............. Tennessee River, Mile 625.0–628.0 (Ten-
works Display. nessee).
83. 1 day—Second weekend in September ... City of Clarksville/Clarksville Riverfest ........... Clarksville, TN ............ Cumberland River, Mile 124.5–127.0 (Ten-
nessee).
84. 1 day—Fourth weekend in October ......... Chattajack ....................................................... Chattanooga, TN ....... Tennessee River, Mile 462.7–465.5 (Ten-
nessee).
85. 1 day—First week in May ......................... Belterra Park Gaming Fireworks .................... Cincinnati, OH ............ Ohio River, Mile 460.0–462.0 (Ohio).
86. 1 day—First week of July ......................... Cincinnati Symphony Orchestra ..................... Cincinnati, OH ............ Ohio River, Mile 460.0–462.0 (Ohio).
87. 1 day—First week in August .................... Gliers Goetta Fest LLC .................................. Newport, KY ............... Ohio River, Mile 469.0–471.0.
88. 1 day—last 2 weekends in August/first Wheeling Dragon Boat Race ......................... Wheeling, WV ............ Ohio River mile 90.4–91.5 (West Virginia).
week of September.
89. 1 day—week of July 4th ........................... Wheeling Symphony fireworks ....................... Wheeling, WV ............ Ohio River mile 90–92 (West Virginia).
90. 1 day—week of July 4th ........................... Chester Fireworks .......................................... Chester, WV .............. Ohio River mile 42.0–44.0 (West Virginia).
91. 1 day—First week of August .................... Kittaning Folk Festival .................................... Kittanning, PA ............ Allegheny River mile 44.0–46.0 (Pennsyl-
vania).
92. 2 days—One weekend in August ............. Powerboat Nationals—Parkersburg Regatta/ Parkersburg, WV ....... Ohio River mile 183.5–185.5 (West Virginia).
Parkersburg Homecoming Festival.
93. 1 day—One weekend in August .............. Parkersburg Homecoming Festival—Fire- Parkersburg, WV ....... Ohio River mile 183.5–185.5 (West Virginia).
works.
* * * * * ENVIRONMENTAL PROTECTION Protection Agency (OEPA) submitted its
Dated: March 27, 2018. AGENCY HMIWI withdrawal on January 24, 2018,
certifying that there is only one HMIWI
M.B. Zamperini, 40 CFR Part 62 unit currently operating in the state of
Captain, U.S. Coast Guard, Captain of the Ohio and requesting that the Federal
Port Sector Ohio Valley. [EPA–R05–OAR–2018–0113; FRL–9976–13-
Region 5]
Plan apply to the single source in the
[FR Doc. 2018–06739 Filed 4–2–18; 8:45 am] State.
BILLING CODE 9110–04–P Air Plan Approval; Ohio; Hospital/ DATES: Comments must be received on
Medical/Infectious Waste Incinerator or before May 3, 2018.
Withdrawal for Designated Facilities
ADDRESSES: Submit your comments,
and Pollutants
identified by Docket ID No. EPA–R05–
AGENCY: Environmental Protection OAR–2018–0113, at http://
Agency (EPA). www.regulations.gov or via email to
nshattuck on DSK9F9SC42PROD with PROPOSALS
ACTION: Proposed rule. cain.alexis@epa.gov. For comments
submitted at Regulations.gov, follow the
SUMMARY: The Environmental Protection online instructions for submitting
Agency (EPA) is proposing to approve comments. Once submitted, comments
Ohio’s request for withdrawal of the cannot be edited or removed from
previously approved Hospital/Medical/ Regulations.gov. For either manner of
Infectious Waste Incinerator (HMIWI) submission, EPA may publish any
State Plan. The Ohio Environmental comment received to its public docket.
VerDate Sep<11>2014 14:20 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\03APP1.SGM 03APP1](https://thefederalregister.org/doc/83_FR_14296/page/1.svg)
![14234 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules
approves pre-existing requirements List of Subjects in 40 CFR Part 62 • Mail: Submit all written comments
under state law and does not impose Environmental protection, to Frank Helies, NMFS Southeast
any additional enforceable duty beyond Administrative practice and procedure, Regional Office, 263 13th Avenue
that required by state law, it does not Air pollution control, Hospital/medical/ South, St. Petersburg, FL 33701.
contain any unfunded mandate or infectious waste incinerators, • Instructions: Comments sent by any
significantly or uniquely affect small Intergovernmental relations, Reporting other method, to any other address or
governments, as described in the and recordkeeping requirements. individual, or received after the end of
Unfunded Mandates Reform Act of 1995 the comment period, may not be
Dated: March 20, 2018. considered by NMFS. All comments
(Pub. L. 104–4). This proposed rule is
Edward H. Chu, received are a part of the public record
not approved to apply on any Indian
reservation land or in any other area Acting Regional Administrator, Region 5. and will generally be posted for public
where EPA or an Indian tribe has [FR Doc. 2018–06748 Filed 4–2–18; 8:45 am] viewing on www.regulations.gov
demonstrated that a tribe has BILLING CODE 6560–50–P without change. All personal identifying
jurisdiction. In those areas of Indian information (e.g., name, address),
confidential business information, or
country, the rulemaking does not have
DEPARTMENT OF COMMERCE otherwise sensitive information
tribal implications and will not impose
submitted voluntarily by the sender will
substantial direct costs on tribal
National Oceanic and Atmospheric be publicly accessible. NMFS will
governments or preempt tribal law as accept anonymous comments (enter
specified by Executive Order 13175 (65 Administration
‘‘N/A’’ in required fields if you wish to
FR 67249, November 9, 2000). This remain anonymous).
action also does not have Federalism 50 CFR Part 622
Electronic copies of Abbreviated
implications because it does not have [Docket No. 171222999–8208–01] Framework 1, which includes an
substantial direct effects on the States, environmental assessment, Regulatory
on the relationship between the national RIN 0648–BH46
Flexibility Act (RFA) analysis, and a
government and the States, or on the regulatory impact review, may be
Fisheries of the Caribbean, Gulf of
distribution of power and obtained from www.regulations.gov or
Mexico, and South Atlantic; Snapper-
responsibilities among the various the Southeast Regional Office website at
Grouper Fishery of the South Atlantic
levels of government, as specified in http://sero.nmfs.noaa.gov/sustainable_
Region; Abbreviated Framework
Executive Order 13132 (64 FR 43255, Amendment 1 fisheries/s_atl/sg/2017/red_grouper_
August 10, 1999). This action merely framework/index.html.
approves a withdrawal, and does not AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT:
alter the relationship or the distribution Service (NMFS), National Oceanic and Frank Helies, NMFS SERO, telephone:
of power and responsibilities Atmospheric Administration (NOAA), 727–824–5305, email: Frank.Helies@
established in the Act. This rulemaking Commerce. noaa.gov.
also is not subject to Executive Order ACTION: Proposed rule; request for SUPPLEMENTARY INFORMATION: The
13045 (62 FR 19885, April 23, 1997), comments. snapper-grouper fishery in the South
because it approves a withdrawal. Atlantic region is managed under the
SUMMARY: NMFS proposes to implement
In reviewing section 111(d)/129 plan management measures described in FMP and includes red grouper, along
submissions, EPA’s role is to approve Abbreviated Framework Amendment 1 with other snapper-grouper species. The
State choices, provided that they meet (Abbreviated Framework 1) to the FMP was prepared by the Council and
the criteria of the Act. With regard to Fishery Management Plan (FMP) for the is implemented by NMFS through
withdrawals for designated facilities Snapper-Grouper Fishery of the South regulations at 50 CFR part 622 under the
received by EPA from states, EPA’s role Atlantic Region, as prepared and authority of the Magnuson-Stevens
is to notify the public of the approval of submitted by the South Atlantic Fishery Fishery Conservation and Management
the State’s withdrawal and revise 40 Management Council (Council). If Act (Magnuson-Stevens Act). All
CFR part 62 accordingly. In this context, implemented, this proposed rule would weights described in this proposed rule
in the absence of a prior existing reduce the commercial and recreational are in round weight.
requirement for the State to use annual catch limits (ACLs) for red Background
voluntary consensus standards (VCS), grouper in the exclusive economic zone
The Magnuson-Stevens Act requires
EPA has no authority to disapprove a (EEZ) of the South Atlantic. The
NMFS and regional fishery management
section 111(d)/129 withdrawal for purpose of the proposed rule is to
councils to prevent overfishing and
failure to use VCS. It would thus be address the overfishing of red grouper.
achieve, on a continuing basis, the
inconsistent with applicable law for DATES: Written comments must be optimum yield from federally managed
EPA, when it reviews a section 111(d)/ received by May 3, 2018. fish stocks to ensure that fishery
129 withdrawal, to use VCS in place of ADDRESSES: You may submit comments resources are managed for the greatest
a section 111(d)/129 withdrawal on the proposed rule, identified by overall benefit to the nation.
submission that otherwise satisfies the ‘‘NOAA–NMFS–2017–0162’’ by any of In 2010, NMFS determined that the
provisions of the Act. Thus, the the following methods: South Atlantic red grouper stock was
nshattuck on DSK9F9SC42PROD with PROPOSALS
requirements of section 12(d) of the • Electronic Submission: Submit all undergoing overfishing and was
National Technology Transfer and electronic comments via the Federal overfished following a stock assessment
Advancement Act of 1995 (15 U.S.C. Rulemaking Portal. Go to (Southeast Data, Assessment, and
272 note) do not apply. This rulemaking www.regulations.gov/ Review (SEDAR) 19). Through
does not impose an information #!docketDetail;D=NOAA-NMFS-2017- Amendment 24 to the FMP, the Council
collection burden under the provisions 0162, click the ‘‘Comment Now!’’ icon, and NMFS implemented a 10-year
of the Paperwork Reduction Act of 1995 complete the required fields, and enter rebuilding plan in 2011, with a
(44 U.S.C. 3501 et seq.). or attach your comments. projected end date of 2020, which was
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Document Created: 2018-04-03 00:49:33
Document Modified: 2018-04-03 00:49:33
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before May 3, 2018. | |
| Contact | Margaret Sieffert, Environmental Engineer, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, [email protected] | |
| FR Citation | 83 FR 14232 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Hospital/medical/infectious Waste Incinerators; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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