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[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45350-45354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18205]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0022; FRL-9914-53-Region-3]

Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Redesignation Requests, Associated Maintenance Plans, and 
Motor Vehicle Emissions Budgets for the Delaware Portion of the 
Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area for the 1997 
Annual and 2006 24-Hour Fine Particulate Matter Standards, and the 2007 
Comprehensive Emissions Inventory for the 2006 24-Hour Fine Particulate 
Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Delaware's requests to redesignate to attainment the Delaware 
portion of the Philadelphia-Wilmington, PA-NJ-DE nonattainment area 
(hereafter ``the Philadelphia Area'' or ``the Area'') for both the 1997 
annual and the 2006 24-hour fine particulate matter (PM2.5) 
National Ambient Air Quality Standards (NAAQS or standards). EPA is 
also approving as revisions to the Delaware State Implementation Plan 
(SIP), the associated maintenance plans to show maintenance of the 1997 
annual and the 2006 24-hour PM2.5 NAAQS through 2025 for the 
Delaware portion of the Area. EPA is also proposing to approve the 
motor vehicle emissions budgets (MVEBs) included in Delaware's 
maintenance plans for the Delaware portion of the Area for both the 
1997 annual and 2006 24-hour PM2.5 standards. EPA is also 
determining that the Delaware portion of the Philadelphia Area 
continues to attain both the 1997 annual and the 2006 24-hour 
PM2.5 NAAQS. In addition, EPA is approving the 2007 
emissions inventory for the Delaware portion of the Area for

[[Page 45351]]

the 2006 24-hour PM2.5 NAAQS. These actions are being taken 
under the Clean Air Act (CAA).

DATES: This final rule is effective on September 4, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0022. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittal are available at the Delaware Department of Natural Resources 
and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, 
Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by 
email at pino.maria@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 12, 2012, the Delaware Department of Natural Resources 
and Environmental Control (DNREC) formally submitted two separate 
requests to redesignate the Delaware portion of the Philadelphia Area 
from nonattainment to attainment for the 1997 annual and the 2006 24-
hour PM2.5 NAAQS, respectively. With the redesignation 
requests, DNREC submitted maintenance plans as SIP revisions to ensure 
continued attainment of the standards throughout the Delaware portion 
of the Area over the next 10 years. Each maintenance plan contains 
MVEBs for the Delaware portion of the Area for transportation 
conformity purposes. The December 12, 2012 submittal for the 2006 24-
hour PM2.5 NAAQS also includes a 2007 comprehensive 
emissions inventory to meet the requirement of section 172(c)(3) of the 
CAA for the 2006 24-hour PM2.5 NAAQS.
    On April 11, 2014 (79 FR 20139), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed 
approval of Delaware's redesignation requests for the Delaware portion 
of the Philadelphia Area for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. EPA also proposed approval of the associated 
maintenance plans as SIP revisions for the 1997 annual and 2006 24-hour 
PM2.5 standards, and the MVEBs included in Delaware's 
maintenance plans for the Delaware portion of the Area for both the 
1997 annual and 2006 24-hour PM2.5 standards. In addition, 
EPA proposed approval of the 2007 emissions inventory for the Delaware 
portion of the Area for the 2006 24-hour PM2.5 NAAQS. 
Finally, EPA proposed that the Philadelphia Area continues to attain 
both the 1997 annual and the 2006 24-hour PM2.5 NAAQS.
    In the April 11, 2014 NPR, EPA addressed the effects of two 
decisions of the United States Court of Appeals for the District of 
Columbia Circuit (D.C. Circuit Court): The D.C. Circuit Court's January 
4, 2013 decision to remand to EPA two final rules implementing the 1997 
annual PM2.5 standard and the D.C. Circuit Court's August 
21, 2012 decision to vacate and remand to EPA the Cross-State Air 
Pollution Control Rule (CSAPR). However, subsequent to publication of 
the NPR, United States Supreme Court reversed the D.C. Circuit decision 
vacating and remanding CSAPR in EPA v. EME Homer City Generation, L.P., 
134 S.Ct. 1584 (2014).
    EPA has considered the recent decision from the U.S. Supreme Court 
regarding CSAPR, and has concluded that the decision does not alter the 
Agency's decision to redesignate the Delaware portion of the 
Philadelphia Area to attainment for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. EPA promulgated CSAPR (76 FR 48208, August 8, 
2011) to replace the Clean Air Interstate Rule (CAIR), which has been 
in place since 2005. See 76 FR 59517. The rules require significant 
reductions in emissions of sulfur dioxide (SO2) and oxides 
of nitrogen (NOX) from electric generating units (EGUs) to 
limit the interstate transport of these pollutants and the ozone and 
fine particulate matter they form in the atmosphere. The D.C. Circuit 
Court initially vacated CAIR, North Carolina v. EPA, 531 F.3d 896 (D.C. 
Cir. 2008), but ultimately remanded the rule to EPA without vacatur to 
preserve the environmental benefits provided by CAIR, North Carolina v. 
EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). After staying implementation 
of CSAPR on December 20, 2011 and instructing EPA to continue to 
implement CAIR in the interim, on August 21, 2012, the D.C. Circuit 
Court issued a decision to vacate CSAPR, with further instruction to 
continue administering CAIR ``pending the promulgation of a valid 
replacement.''
    As stated in the April 11, 2014 NPR, Delaware does not rely on 
either CAIR or CSAPR for emission reductions that contributed to the 
Delaware portion of the Philadelphia Area's attainment of the 1997 and 
2006 PM2.5 NAAQS, nor does the State rely on either of the 
rules in its maintenance plans. However, because CAIR was promulgated 
in 2005 and incentivized sources and states to begin achieving early 
emission reductions, the air quality data examined by EPA in issuing 
the final determinations of attainment for the Philadelphia Area for 
the 1997 and 2006 PM2.5 NAAQS (77 FR 28782, May 16, 2012 and 
78 FR 882, January 7, 2013)) and the air quality data from the area 
since 2005 necessarily reflect reductions in emissions from upwind 
sources as a result of CAIR.
    Nonetheless, in this case, EPA believes that it is appropriate to 
redesignate the Delaware portion of the Philadelphia Area. As stated in 
the April 11, 2014 NPR, modeling conducted by EPA during the CSAPR 
rulemaking process, which used a baseline emissions scenario that 
``backed out'' the effects of CAIR, see 76 FR at 48223, projected that 
the counties in the Philadelphia Area would have PM2.5 
levels below the 1997 annual and 2006 24-hour PM2.5 NAAQS in 
both 2012 and 2014 without taking into account emissions reductions 
from CAIR or CSAPR. See ``Air Quality Modeling Final Rule Technical 
Support Document,'' Appendix B, pages B-37, B-51, B-57, B-58, B-66, B-
80, B-86. This modeling is available in the docket for this rulemaking 
action. In addition, the 2010-2012 quality-assured, quality-controlled, 
and certified monitoring data for the Philadelphia Area confirms that 
2012 PM2.5 annual design values for each monitoring site in 
the Area remained well below the 1997 annual and 2006 24-hour 
PM2.5 NAAQS, and thus the entire Area continued to attain 
the standard in 2012. As stated in the NPR, 2010-2012 annual and 24-
hour design values for the Philadelphia Area are 13.1 micrograms per 
cubic meter ([mu]g/m\3\) and 31 [mu]g/m\3\, respectively and 
preliminary 2011-2013 annual and 24-hour design values of 12.3 [mu]g/
m\3\ and 28 [mu]g/m\3\, respectively. In addition, as stated in the 
April 11, 2014 NPR, emissions of SO2 and NOX, the 
two pollutants targeted by CAIR and CSAPR, have decreased greatly since 
the Philadelphia Area was designated as nonattainment for the 1997 and 
2006 PM2.5 NAAQS, and those reductions are projected to 
continue throughout the maintenance period. Between 2002 and

[[Page 45352]]

2007, NOX and SO2 emissions were reduced by 25 
percent and 70 percent, respectively, in the Delaware portion of the 
Philadelphia Area. For maintenance of the 1997 annual NAAQS, between 
2007 and 2025, NOX and SO2 emissions are 
projected to decrease by 40 percent and 54 percent, respectively, in 
the Delaware portion of the Philadelphia Area. For maintenance of the 
2006 24-hour NAAQS, between 2008 and 2025, NOX and 
SO2 emissions are projected to decrease by 38 percent and 61 
percent, respectively, in the Delaware portion of the Philadelphia 
Area. These reductions are due to a combination of strong state and 
federal control measures that were listed in the NPR, and do not 
include any emission reductions from CAIR or CSAPR.
    The status of CSAPR is not relevant to these redesignations. CSAPR 
was promulgated in June 2011, and the rule was stayed by the D.C. 
Circuit Court just six months later, before the trading programs it 
created were scheduled to go into effect. Therefore, the Philadelphia 
Area's attainment of the 1997 annual and 2006 24-hour PM2.5 
NAAQS cannot have been a result of any emission reductions associated 
with CSAPR. In sum, neither the current status of CAIR nor the current 
status of CSAPR affects any of the criteria for proposed approval of 
these redesignation requests for the Delaware portion of the 
Philadelphia Area.
    Specific details of Delaware's submittals and the rationale for 
EPA's proposed actions are explained in the NPR and will not be 
restated here. No adverse public comments were received on the NPR. EPA 
did receive one public comment in support of this rulemaking action, 
which can be found in the publicly available docket for this rulemaking 
action.

II. Final Action

    EPA is approving Delaware's requests to redesignate the Delaware 
portion of the Philadelphia Area from nonattainment to attainment for 
the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA has 
evaluated Delaware's redesignation requests and determined that upon 
approval of the 2007 comprehensive emissions inventory for the 2006 24-
hour PM2.5 NAAQS proposed as part of this rulemaking action, 
it would meet the redesignation criteria set forth in section 
107(d)(3)(E) of the CAA for both standards. As stated in greater detail 
in the April 11, 2014 NPR, EPA believes that the monitoring data 
demonstrate that the entire Philadelphia Area is attaining and will 
continue to attain the 1997 annual and 2006 24-hour PM2.5 
NAAQS. EPA is also proposing to approve the associated maintenance 
plans for the Delaware portion of the Area as a revision to the 
Delaware SIP for the 1997 annual and 2006 24-hour PM2.5 
standards because they meet the requirements of CAA section 175A for 
both standards. For transportation conformity purposes, EPA is also 
proposing to approve MVEBs for both the 1997 annual and 2006 24-hour 
PM2.5 standards. Final approval of the redesignation 
requests would change the official designations of the Delaware portion 
of the Philadelphia Area for the 1997 annual and the 2006 24-hour 
PM2.5 NAAQS, respectively, found at 40 CFR part 81, from 
nonattainment to attainment, and would incorporate into the Delaware 
SIP the associated maintenance plans ensuring continued attainment of 
the 1997 annual and 2006 24-hour PM2.5 NAAQS in the Delaware 
portion of the Area for the next 10 years, until 2025.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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

[[Page 45353]]

circuit by October 6, 2014. 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, in which EPA is approving of the redesignation requests and 
maintenance plans for the Delaware portion of the Philadelphia Area for 
the 1997 annual and 2006 24-hour PM2.5 NAAQS, MVEBs included 
in Delaware's maintenance plans for the Delaware portion of the Area 
for both the 1997 annual and 2006 24-hour PM2.5 NAAQS, and 
the 2007 comprehensive emissions inventory for the 2006 24-hour 
PM2.5 NAAQS, may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: July 11, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart I-- Delaware

0
2. In Sec.  52.420, the table in paragraph (e) is amended by adding 
entries for the 1997 Annual and the 2006 24-Hour PM2.5 
Maintenance Plans for the Delaware Portion of the Philadelphia-
Wilmington, PA-NJ-DE Area (New Castle County) at the end of the table 
to read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

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    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Maintenance plan contained in      New Castle County..      12/12/2012  8/5/2014 [Insert     See Sec.
 ``Delaware Redesignation Request                                        page number where    52.427(d).
 and Maintenance Plan Under the                                          the document
 1997 Annual PM2.5 National                                              begins].
 Ambient Air Quality Standard For
 the New Castle County Portion of
 the Philadelphia-Wilmington, PA-
 NJ-DE Nonattainment Area for
 Fine Particles,'' dated November
 27, 2012.
Maintenance plan contained in      New Castle County..      12/12/2012  8/5/2014 [Insert     See Sec.
 ``Delaware Redesignation Request                                        page number where    52.427(e).
 and Maintenance Plan Under the                                          the document
 2006 Daily PM2.5 National                                               begins].
 Ambient Air Quality Standard For
 the New Castle County Portion of
 the Philadelphia-Wilmington, PA-
 NJ-DE Nonattainment Area for
 Fine Particles,'' dated November
 27, 2012.
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.423 is amended by revising the section heading and by 
adding paragraph (d) to read as follows:

Sec.  52.423  Base year emissions inventory.

* * * * *
    (d) EPA approves as a revision to the Delaware State Implementation 
Plan the comprehensive emissions inventory for the Delaware portion of 
the Philadelphia-Wilmington, PA-NJ-DE 2006 24-hour fine particulate 
matter (PM2.5) nonattainment area submitted by the Delaware 
Department of Natural Resources and Environmental Control on December 
12, 2012. The 2007 year emissions inventory includes emissions 
estimates that cover the general source categories of point sources, 
non-road mobile sources, area sources, on-road mobile sources, and 
biogenic sources for New Castle County, Delaware. The pollutants that 
comprise the inventory are nitrogen oxides (NOX), volatile 
organic compounds (VOCs), PM2.5, ammonia (NH3), 
and sulfur dioxide (SO2).

0
4. Section 52.427 is amended by adding paragraphs (d) and (e) to read 
as follows:

Sec.  52.427  Control strategy: Particular matter.

* * * * *
    (d) EPA approves the maintenance plan for the Delaware portion of 
the Philadelphia-Wilmington, PA-NJ-DE PM2.5 Nonattainment 
Area (New Castle County) for the 1997 annual fine particulate matter 
(PM2.5) national ambient air quality standard (NAAQS) 
submitted by the Secretary of the Delaware Department of Natural 
Resources and Environmental Control on December 12, 2012. The 
maintenance plans include motor vehicle emission budgets in tons per 
year (tpy) used for transportation conformity purposes for New Castle 
County, Delaware.

                New Castle County Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS
                                                      [tpy]
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                                                                                                  Effective date
     Type of control strategy SIP                 Year                  NOX            PM2.5          of SIP
                                                                                                     approval
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Maintenance Plan......................  2017 Interim Budget.....           6,273             199        9/4/2014
                                        2025 Final Budget.......           6,273             199
----------------------------------------------------------------------------------------------------------------

[[Page 45354]]

    (e) EPA approves the maintenance plan for the Delaware portion of 
the Philadelphia-Wilmington, PA-NJ-DE PM2.5 Nonattainment 
Area (New Castle County) for the 2006 24-hour fine particulate matter 
(PM2.5) national ambient air quality standard (NAAQS) 
submitted by the Secretary of the Delaware Department of Natural 
Resources and Environmental Control on December 12, 2012. The 
maintenance plans include motor vehicle emission budgets in tons per 
year (tpy) used for transportation conformity purposes for New Castle 
County, Delaware.

               New Castle County Motor Vehicle Emissions Budgets for the 2006 24-Hour PM2.5 NAAQS
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective date
     Type of control strategy SIP                 Year                  NOX            PM2.5           of SIP
                                                                                                     approval
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Maintenance Plan......................  2017 Interim Budget.....           6,273             199        9/4/2014
                                        2025 Final Budget.......           6,273             199
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
5. The authority citation for Part 81 continues to read as follows:

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

0
6. In Sec.  81.308, the tables for Delaware--1997 Annual 
PM2.5 NAAQS [Primary and secondary] and Delaware--2006 24-
Hour PM2.5 NAAQS [Primary and secondary] are amended by 
removing footnote number 2 in each table and revising the entries for 
the Philadelphia-Wilmington, PA-NJ-DE Area to read as follows:

Sec.  81.308  Delaware.

* * * * *

                                        Delaware--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                    Designation \a\                       Classification
           Designated area            --------------------------------------------------------------------------
                                          Date \1\                Type                 Date            Type
----------------------------------------------------------------------------------------------------------------
Philadelphia-Wilmington, PA-NJ-DE:           8/5/2014  Attainment...............  ..............  ..............
 New Castle County.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *

                                       Delaware--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                    Designation \a\                       Classification
           Designated area            --------------------------------------------------------------------------
                                          Date \1\                Type                 Date            Type
----------------------------------------------------------------------------------------------------------------
Philadelphia-Wilmington, PA-NJ-DE:           8/5/2014  Attainment...............  ..............  ..............
 New Castle County.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.

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[FR Doc. 2014-18205 Filed 8-4-14; 8:45 am]
BILLING CODE 6560-50-P
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