## MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard  Baltimore MD 21230 410-537-3000  1-800-633-6101 Robert M. Summers, Ph.D . Secretary

Recycled Paper www.mde.state.md.us TTY Users 1-800-735-2258 Via Maryland Re lay Service Martin O’Malley Governor Anthony G. Brown Lieutenant Governor

November 25, 2014

CERTIFICATE OF PUBLICATION This is to certify that the Maryland D epartment of the Environment (MDE) Notices of Public Hearings and Comment Period concerning: 1. Amendments to Regulation .02 under COMA R 26.11.34 Low Emissions Vehicle Program 2. Proposed Changes to COMAR 26.11.19 Amendments fo r EPA CTG Fiberglass Boat Coatings and Negative Declaration for Auto and Truck Coatings were published on MDE’s web site on November 25, 2014. They will remain posted on the site until January 7, 2015. The notices in full with links to supporting documents ma y be found in the following web address: http://www.mde.state.md.us/programs/re gulations/air/Pages/reqcomm ents.aspx Web publication of the notice was at th e request of Carolyn A. Jones, Regul ations Coordinator of the Air and Radiation Management Ad ministration of MDE. By:

DIANA ALEGRE MDE Webmaster

Attachments: Copy of web page as published.Public Hearings, Meetings and Request for Comments

http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx [11/25/2014 11:14:19 AM] Sign In

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Comments Air & Radiation Regulations Home Air & Radiation Regulations Public Hearings, Meetings and Request for Comments Amendments for Low Emissions Vehicle Program The Maryland Department of the Environment gives notice of public hearing/comment period concerning the following proposed action: Amendments to Regulation .02 under COMAR 26.11.34 Low Emissions Vehicle Program to update the Incorporation by Reference documents to reflect the changes made to the California regulations since their last update. The regulatory actions listed above will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementation Plan. The full text of the proposed amendments will appear in the Maryland Register at http://www.dsd.state.md.us/MDRegister/mdregister.aspx on December 1, 2014 . Click here to view the Fact Sheet A public hearing on this action will be held on January 7, 2015 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Comments must be received by 5 pm on January 7, 2015 . For more information or to submit comments, call/e-mail/ fax: Randy Mosier, Chief, Regulation Development Division Air Quality Planning Program Air and Radiation Management Administration Department of the Environment 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 Telephone: (410) 537-4488 Email: randy.mosier@maryland.gov Fax: (410) 537-4223

Public Hearings/Comment Period Concerning Proposed Changes to COMAR 26.11.19 Amendments for EPA CTG Fiberglass Boat Coatings and Negative Declaration for Auto and Truck Coatings The Maryland Department of the Environment gives notice of public hearing/comment period concerning the following proposed action: 1 . Amendments to Regulation .26-1 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes to adopt the requirements of EPA’s Control Techniques Guidelines (CTG) for Fiberglass Boat Manufacturing. The new regulation COMAR 26.11.19.26-1, Control of Volatile Organic Compounds from Fiberglass Boat Manufacturing, adopts the EPA’s Control Techniques Guidelines (CTG) requirements for this source category. Click here to view the Technical Support Document (TSD) 2 . Automobile and Light-Duty Truck Assembly Coatings Guidelines – General Notice for a Negative Declaration. The Department of the Environment will hold a public hearing concerning the State's intention to submit a negative declaration for the Environmental Protection Agency's (EPA) Control Techniques Guidelines (CTG) for Automobile and Light-Duty Truck Assembly Coatings (EPA-453/R-08-006). As an alternative to adopting a reasonably available control technologies (RACT) rule, a state or local agency may adopt a negative declaration documenting that it has no stationary sources or emitting facilities to which the CTG is applicable. The CTG applies to automobile and light-duty truck assembly coating operations. The source category includes the coatings that are applied to new automobile or new light-duty truck bodies, or body parts for new automobiles or new light-duty trucks. These coatings are applied at automobile or light-duty truck assembly plants. The largemajority of these coatings are specifically formulated, marketed and sold for this purpose. There are no automobile or lightduty truck assembly facilities in the State and none are expected in the near future. The full text of the proposed amendments will appear in the Maryland Register at http://www.dsd.state.md.us/MDRegister/mdregister.aspx on December 1, 2014 . Public hearings on this action will be held on January 7, 2015 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Comments must be received by 5 pm on January 7, 2015 . For more information or to submit comments, call/e-mail/ fax: Randy Mosier, Chief, Regulation Development Division Air Quality Planning Program Air and Radiation Management Administration Department of the Environment 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 Telephone: (410) 537-4488 Email: randy.mosier@maryland.gov Fax: (410) 537-4223

The Maryland Department of the Environment gives notice of Public Hearing/Comment Period Concerning Proposed Amendments to Regulation .04 and .05 under COMAR 26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling The Maryland Department of the Environment gives notice of public hearing/comment period concerning the following proposed action: Maryland.gov Phone Directory State Agencies Online Services

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http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx [11/25/2014 11:14:19 AM] Amendments to Regulation .04 and .05 under COMAR 26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling to provide an alternative equivalent vapor recovery method for the transfer of high vapor pressure materials and to amend incorrect references from regulations .04 and .05. The regulatory actions listed above will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementation Plan. The full text of the proposed amendments will appear in the Maryland Register at http://www.dsd.state.md.us/MDRegister/mdregister.aspx on April 18, 2014 . Download the Technical Support Document here. A public hearing on this action will be held on June 3, 2014 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Comments must be received by 5 pm on June 3, 2014 . For more information or to submit comments, call/e-mail/ fax: Randy Mosier, Chief, Regulation Development Division Air Quality Planning Program Air and Radiation Management Administration Department of the Environment 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 Telephone: (410) 537-4488 Email: randy.mosier@maryland.gov Fax: (410) 537-4223 Notice of this hearing has been published in the Baltimore Sun; Cecil Whig; Cumberland Times-News; Frederick News-Post; Saint Mary's Enterprise; Salisbury Daily Times; and the Washington Post. PLEASE NOTE THAT BEGINNING OCTOBER 1, 2014, ALL PUBLIC HEARING NOTICES REGARDING REGULATION CHANGES WILL BE POSTED SOLELY ON THE DEPARTMENT’S WEBSITE. Randy Mosier may also be contacted to arrange for the receipt of future public hearing notices.

The Maryland Department of the Environment gives notice of Public Hearing/Comment Period Concerning Proposed Changes to COMAR 26.11.09 Amendments for Biomass Fuel-Burning Equipment The Maryland Department of the Environment gives notice of public hearing/comment period concerning the following proposed action: Amendments to Regulation .01,.04, .06 & .07 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations and new Regulation .12 Standards for Biomass Fuel-Burning Equipment Equal to or Greater Than 350,000 Btu/hr under COMAR 26.11.09. The primary purpose of amendments and new regulation are to: 1 . Incorporate the definition of biomass into Regulation .01; 2 . Establish that the provisions from regulations .04 Prohibitions of Certain New Fuel-Burning Equipment, .06 Control of Particulate Matter, and .07 Control of Sulfur Oxides from Fuel-Burning Equipment do not apply to fuel-burning equipment installed after March 1, 2014 that burns only biomass fuels; 3 . Establish new regulation .12 Standards for Biomass Fuel-Burning Equipment Equal to or Greater Than 350,000 Btu/hr which sets NOx and PM standards and requirements for biomass equipment where federal standards are not established; and 4 . Amend incorrect references from regulations .09 and .10. Download the Technical Support Document The regulatory actions listed above will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementation Plan. The full text of the proposed amendments will appear in the Maryland Register at http://www.dsd.state.md.us/MDRegister/mdregister.aspx on January 24, 2014 . Technical support documents and additional information are available on the Maryland Department of the Environment's website at the following address: http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx Public hearings on these actions will be held on February 26, 2014 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Comments must be received by 5 pm on February 26, 2014 . For more information or to submit comments, call/e-mail/ fax: Randy Mosier, Chief, Regulation Development Division Air Quality Planning Program Air and Radiation Management Administration Department of the Environment 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 Telephone: (410) 537-4488 Email: randy.mosier@maryland.gov Fax: (410) 537-4223 Randy Mosier may also be contacted to arrange for the receipt of future public hearing notices.

Contact the Office | Accessibility | Privacy Notice 1800 Washington Boulevard, Baltimore, MD 21230 | (410) 537-30001 Statement of the Air and Radiation Management Administration

Department of the Environment

for the Public Hearing Relating to Proposed Amendments to Regulation .02 under COMAR 26.11.34 related to

Low Emissions Vehicle Program held on January 7 , 201 5 Bal timore, MD My name is Justin Mabrey. I am an engineer in the Mobile Sources Control Program of the Air and Radiation Management Administration, Maryland Department of the Environment.

This public hearing is being held pursuant to the requirements of 4 0 CFR Section 51.102 and Sections 2

- 301 et.seq. of the Environment Article, Annotated Code of Maryland. It is also being held in conformance with the State Administrative Procedures Act under the State Government Article, beginning at Section 10

- 101. Not ice of this hearing appeared in the: Maryland Register on December 1, 2014 ; Copies of the proposed amendment and supporting documents were submitted for review to the State Clearinghouse and are also submitted at this time into the hearing record. Copies of the proposed amendment and supporting documents were made available for public inspection at the Air and Radiation Management Administration offices in Baltimore and at the Air and Radiation Administration webpage titled “ Air & Radiation Regulations Pu blic Hearings, Meetings and Request for Comments ”, from November 25, 2014 to January 7, 2015

. Copies of these notices are being submitted for the record. The purpose of today's hearing is to give the public an opportunity to comment on proposed amendmen ts to Regulation .02 under COMAR 26.11.34 Summary This proposed action is the administrative action necessary for Maryland’s program to remain consistent with the California program as required by Section 177 of the Clean Air Act. The Maryland Cle an Cars Act of 2007 required the Maryland Department of the Environment (MDE) to adopt regulations implementing the California Clean Car Program. The MDE’s 2007 implementing regulations adopted the applicable California regulations through incorporation b y reference. The California program is a dynamic, changing program. This proposed action updates the Maryland regulations with changes that have occurred to the California program since they were last updated in 201 4

.2 Purpose of A mendment These amendments update Maryland’s program requirements to be consistent with California’s program requirements. This action is necessary since many of the California regulations that are incorporated into the Maryland regulation have been updated. These indiv idual regulatory changes can be grouped into 3 areas:

 Adjustments to the optional Section 177 state compliance path (OCP).  Maintain a minimum ZEV credit requirement for manufacturers for each model year.  Amend the fast refueling definition for determining ZEV types. The adjustments to the Optional Compliance Path (OCP) will have the most effect on Maryland’s ZEV program. Section 177 states negotiated changes with the manufacturers and CARB to ensure the success of the new ZEV program. The new amendments e liminate the use of certain credits in meeting the requirements for qualifying for the OCP. Manufacturers can only use credits generated from actual vehicles placed in the state s to meet the OCP requirements. Also included in the amendments is a provision to allow pooling across model years, allow intermediate volume manufacturers to comply with the OCP, and remove the VIN reporting requirement, unless requested by a state. The other amendments focused on limiting the use of non

- ZEV credits, such as BEVx and GHG over

- compliance credits, to meet the ZEV requirement. CARB has limited the use of such credits to meet the requirement to a m aximum of 50% for a model year. A final amendment to the fast refueling provision is designed to ensure that fast refuelin g credits are given to vehicles that are actually using the technology. The focus was on battery swapping designed to meet the requirements but not being demonstrated in the marketplace. The changes to the program will give credits for fast refueling only after manufacturers provide data demonstrating actual refueling events. Affected Sources These amendments apply to automobile manufacturers that produce new motor vehicles for sale in Maryland. All vehicle types that have a gross vehicle weight rating of less than 14,000 pounds are affected

. Expected Emission Reductions The changes to the ZEV portion of the regulation may have a small positive impact on the benefits , as it is designed to ensure more ZEVs are actually delivered to the Section 177 S tates in order to comply with the OCP

. The emissions impact is expected to be minimal though, as the manufacturer fleet average emission requirement remains the same.3

Economic Impact on Affected Sources Minimal additional burden or cost is expected as a result of these amendments. The changes to the OCP, and maintaining a minimum ZEV credit requirement will require manufacturers to introduce more actual ZEVs to Maryland and the other Section 177 states. However, provisions to allow pooling across s tates and from the east and west regions from different model years will give manufacturers greater flexibility to meet the regulatory requirements in a way that is best for their business situation. Maryland’s State Implementation Plan (SIP) This ame ndment will be submitted to the U.S. Environmental Protection Agency as a revision to Maryland’s State Implementation.

Consideration of Comments The Department will consider all comments before making a decision to adopt this amendment

.1

1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 2 AIR AND RADIATION MANAGEMENT ADMINISTRATION 3 4 5 PUBLIC HEARING 6 CONCERNING AMENDMENTS TO REGULATION .02 UNDER COMAR 7 26.11.34 LOW EMISSIONS VEHICLE PROGRAM 8 9 10 11 The hearing in the above matter commenced on 12 Wednesday, January 7, 2015, at the MDE Headquarters, 13 Montgomery Park, 1800 Washington Boulevard, Baltimore, 14 Maryland. 15 16 17 BEFORE: RANDY MOSIER, Hearing Officer 18 19 Reported by: Linda Metcalf 20 21

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1 A P P E A R A N C E S 2 3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 4 5 RANDY MOSIER 6 Chief 7 Regulations Development Division 8 Air and Radiation Management 9 Maryland Department of the Environment 10 1800 Washington Boulevard, Suite 730 11 Baltimore, Maryland 21230 12 13 JUSTIN MABREY 14 Engineer 15 Mobile Sources Control Program 16 Air and Radiation Management Administration 17 Maryland Department of the Environment 18 1800 Washington Boulevard, Suite 730 19 Baltimore, Maryland 21230 20 21

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1 I N D E X 2 3 Speaker: Page: 4 Opening Remarks, Randy Mosier, MDE 4 5 Hearing Statement, Justin Mabrey, MDE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

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1 P R O C E E D I N G S 2 - - - - - 3 MR. MOSIER: Good morning. On behalf of the 4 Department of the Environment and the Air and Radiation 5 Management Administration, I would like to welcome you to 6 this public hearing. 7 My name is Randy Mosier and I am the Chief of 8 the Regulations Development Division for the Air and 9 Radiation Management Administration. I will serve as 10 hearing officer for today's hearing. 11 I would like to ask all of you in attendance 12 today to please sign in, if you haven't already done so. 13 This will help us to keep an accurate record of the 14 people who participate in the hearing. Also, copies of 15 our regulation proposal, support documents, and the 16 Department's statement are available on the table for 17 your information. 18 This hearing concerns Air Quality Regulations 19 found in the Code of Maryland Regulations, Title 26, 20 Subtitle 11, Air Quality. The Secretary of the 21 Department proposes an amendment to Regulation .02,

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1 Incorporation by Reference, under COMAR 26.11.34, Low 2 Emissions Vehicle Program. 3 The purpose of this hearing is to give you the 4 opportunity to comment on this action. 5 The Opportunity for Public Comment for this 6 proposed action appeared in the Maryland Register, Volume 7 41, Issue 24, Pages 1447 - 1449 on December 1, 2014. 8 This public hearing was scheduled to begin at 9 10:00 a.m. It is now 10:12 a.m. and no one has come to 10 attend this hearing. Therefore, Mr. Mabrey will submit 11 his hearing statement for the record. 12 MR. MABREY: My name is Justin Mabrey. I am an 13 engineer in the Mobile Sources Control Program of the Air 14 and Radiation Management Administration, Maryland 15 Department of the Environment. 16 This public hearing is being held pursuant to 17 the requirements of 40 CFR Section 51.102 and Sections 2- 18 301 et. seq. of the Environment Article, Annotated Code 19 of Maryland. It is also being held in conformance with 20 the State Administrative Procedures Act under the State 21 Government Article, beginning at Section 10-101.

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1 Let the record show that I am submitting my 2 statement concerning an amendment to Regulation .02, 3 incorporation by reference, under COMAR 26.11.34, Low 4 Emissions Vehicle Program. Thank you. 5 6 Statement of the Air and Radiation 7 Management Administration 8 Department of the Environment 9 for the 10 Public Hearing Relating to 11 Proposed Amendments to Regulation .02 under COMAR 12 26.11.34 related to 13 Low Emissions Vehicle Program 14 held on January 7, 2015 15 Baltimore, MD 16 My name is Justin Mabrey. I am an engineer in 17 the Mobile Sources Control Program of the Air and 18 Radiation Management Administration, Maryland Department 19 of the Environment. 20 This public hearing is being held pursuant to 21 the requirements of 40 CFR Section 51.102 and Sections 2-

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1 301 et. seq. of the Environment Article, Annotated Code 2 of Maryland. It is also being held in conformance with 3 the State Administrative Procedures Act under the State 4 Government Article, beginning at Section 10-101. 5 Notice of this hearing appeared in the: 6 Maryland Register on December 1, 2014; 7 Copies of the proposed amendment and supporting 8 documents were submitted for review to the State 9 Clearinghouse and are also submitted at this time into 10 the hearing record. Copies of the proposed amendment and 11 supporting documents were made available for public 12 inspection at the Air and Radiation Management 13 Administration offices in Baltimore and at the Air and 14 Radiation Administration webpage titled “Air & Radiation 15 Regulations Public Hearings, Meetings and Request for 16 Comments”, from November 25, 2014 to January 7, 2015. 17 Copies of these notices are being submitted for 18 the record. 19 The purpose of today's hearing is to give the 20 public an opportunity to comment on proposed amendments 21 to Regulation .02 under COMAR 26.11.34

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1 Summary 2 This proposed action is the administrative 3 action necessary for Maryland’s program to remain 4 consistent with the California program as required by 5 Section 177 of the Clean Air Act. 6 The Maryland Clean Cars Act of 2007 required 7 the Maryland Department of the Environment (MDE) to adopt 8 regulations implementing the California Clean Car 9 Program. The MDE’s 2007 implementing regulations adopted 10 the applicable California regulations through 11 incorporation by reference. The California program is a 12 dynamic, changing program. This proposed action updates 13 the Maryland regulations with changes that have occurred 14 to the California program since they were last updated in 15 2014. 16 Purpose of Amendment 17 These amendments update Maryland’s program 18 requirements to be consistent with California’s program 19 requirements. This action is necessary since many of the 20 California regulations that are incorporated into the 21 Maryland regulation have been updated. These individual

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1 regulatory changes can be grouped into 3 areas: 2

- Adjustments to the optional Section 177 state 3 compliance path (OCP). 4

- Maintain a minimum ZEV credit requirement for 5 manufacturers for each model year. 6

- Amend the fast refueling definition for 7 determining ZEV types. 8 The adjustments to the Optional Compliance Path 9 (OCP) will have the most effect on Maryland’s ZEV 10 program. Section 177 states negotiated changes with the 11 manufacturers and CARB to ensure the success of the new 12 ZEV program. The new amendments eliminate the use of 13 certain credits in meeting the requirements for 14 qualifying for the OCP. Manufacturers can only use 15 credits generated from actual vehicles placed in the 16 states to meet the OCP requirements. Also included in 17 the amendments is a provision to allow pooling across 18 model years, allow intermediate volume manufacturers to 19 comply with the OCP, and remove the VIN reporting 20 requirement, unless requested by a state. 21 The other amendments focused on limiting the

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1 use of non-ZEV credits, such as BEVx and GHG over2 compliance credits, to meet the ZEV requirement. CARB 3 has limited the use of such credits to meet the 4 requirement to a maximum of 50% for a model year. 5 A final amendment to the fast refueling 6 provision is designed to ensure that fast refueling 7 credits are given to vehicles that are actually using the 8 technology. The focus was on battery swapping designed 9 to meet the requirements but not being demonstrated in 10 the marketplace. The changes to the program will give 11 credits for fast refueling only after manufacturers 12 provide data demonstrating actual refueling events. 13 Affected Sources 14 These amendments apply to automobile 15 manufacturers that produce new motor vehicles for sale in 16 Maryland. All vehicle types that have a gross vehicle 17 weight rating of less than 14,000 pounds are affected. 18 Expected Emission Reductions 19 The changes to the ZEV portion of the 20 regulation may have a small positive impact on the 21 benefits, as it is designed to ensure more ZEVs are

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1 actually delivered to the Section 177 States in order to 2 comply with the OCP. The emissions impact is expected to 3 be minimal though, as the manufacturer fleet average 4 emission requirement remains the same. 5 Economic Impact on Affected Sources 6 Minimal additional burden or cost is expected 7 as a result of these amendments. The changes to the OCP, 8 and maintaining a minimum ZEV credit requirement will 9 require manufacturers to introduce more actual ZEVs to 10 Maryland and the other Section 177 states. However, 11 provisions to allow pooling across states and from the 12 east and west regions from different model years will 13 give manufacturers greater flexibility to meet the 14 regulatory requirements in a way that is best for their 15 business situation. 16 Maryland’s State Implementation Plan (SIP) 17 This amendment will be submitted to the U.S. 18 Environmental Protection Agency as a revision to 19 Maryland’s State Implementation. 20 Consideration of Comments 21 The Department will consider all comments

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1 before making a decision to adopt this amendment. 2 3 MR. MOSIER: Thank you, Mr. Mabrey. 4 As indicated in the hearing notice, the close 5 of the comment period is close of business today. 6 This will conclude the public hearing regarding 7 the proposed amendments to Regulation .02, Incorporation 8 by Reference, under COMAR 26.11.34, Low Emissions Vehicle 9 Program . Let the record reflect that it is now 10:14 10 a.m. and this hearing is officially concluded. 11 (Whereupon, the hearing was concluded) 12 13 14 15 16 17 18 19 20 21

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1 CERTIFICATE OF COURT REPORTER 2 3 I, Linda Metcalf, do hereby certify that the 4 foregoing transcription was reduced to typewriting via 5 audiotapes recorded by me; that I am neither counsel for, 6 nor related to, nor employed by any of the parties to the 7 case in which these proceedings were transcribed; that I 8 am not a relative or employee of any attorney or counsel 9 employed by the parties hereto, nor financially or 10 otherwise interested in the outcome of the action. 11 12 13 14 15 s/Linda Metcalf 16 LINDA METCALF 17 Court Reporter 18 19 20 21

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### NO COMMENTS WERE RECEIVED DURING THE 30 - DAY COMMENT PERIOD

AND

NO ONE ATTENDED THE PUBLIC HEARING