ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R04-OAR-2007-1186 ; FRL - ] 

Approval and Promulgation of Air Quality Implementation Plan: Kentucky; Approval Section 

110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the Owensboro Area. 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed rule . 

SUMMARY: EPA is proposing to approve a revision to the Kentucky State Implementation 

Plan (SIP) concerning the maintenance plan addressing the 1997 8-hour ozone standard for the 

Owensboro 8-hour ozone attainment area, which comprises Daviess County and a portion of 

Hancock County (hereafter referred to as the "Owensboro Area"). This maintenance plan was 

submitted to EPA on May 27, 2008, by the Commonwealth of Kentucky, and ensures the 

continued attainment of the 1997 8-hour ozone national ambient air quality standard (NAAQS) 

through the year 2020 . On July 15, 2009, the Commonwealth of Kentucky submitted 

supplemental information with updated emissions tables to reflect actual emissions for this Area. 

EPA proposes to find that this plan meets the statutory and regulatory requirements, and is 

consistent with EPA's guidance. EPA is proposing to approve the revisions to the Kentucky SIP, 

pursuant to Section 110 of the Clean Air Act (CAA). On March 12, 2008, EPA issued a revised 

ozone standard . The current action, however, is being taken to address requirements under the 

1997 ozone standard . Requirements for the Owensboro Area under the 2008 standard will be 

addressed in the future . 
DATES: Comments must be received on or before [ insert date 30 days after date of publication 

in the Federal Regi ster ] . 

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-2007- 

1186, by one of the following methods: 

1 . www.regulations .gov: Follow the on-line instructions for submitting comments. 

2. E-mail : benjamin.lynorae@epa.gov. 

; 

3. Fax: 404-562-9019. 

4. Mail : EPA-R04-OAR-2007-1186, Regulatory Development Section, Air Planning 

Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960 . 

5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S . 

Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 

30303-8960. Such deliveries are only accepted during the Regional Office's normal 

hours of operation. The Regional Office's official hours of business are Monday through 

Friday, 8 :30 to 4 :30, excluding federal holidays . 

Instructions : Direct your comments to Docket ID No . EPA-R04-OAR-2007-1186. EPA's policy 

is that all comments received will be included in the public docket without change and may be 

made available online at www.regulations .gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential Business Information (CBI) 

or other information whose disclosure is restricted by statute. Do not submit through 

www.regulations .gov or e-mail, information that you consider to be CBI or otherwise protected. 

The www.regulations .g-ov_ website is an "anonymous access" system, which means EPA will not 

know your identity or contact information unless you provide it in the body of your comment. If 

you send an e-mail comment directly to EPA without going through www.regulations .gov, your 

e-mail address will be automatically captured and included as part of the comment that is placed 

in the public docket and made available on the Internet . If you submit an electronic comment, 

EPA recommends that you include your name and other contact information in the body of your 

comment and with any disk or CD-ROM you submit . If EPA cannot read your comment due to 

technical difficulties and cannot contact you for clarification, EPA may not be able to consider 

your comment. Electronic files should avoid the use of special characters, any form of 

encryption, and be free of any defects or viruses. For additional information about EPA's public 

docket visit the EPA Docket Center homepage at http ://www.epa. ov/e ahome/dockets htm. 

Docket: All documents in the electronic docket are listed in the www.regulations . ov index. 

Although listed in the index, some information is not publicly available, i .e ., CBI or other 

information whose disclosure is restricted by statute. Certain other material, such as copyrighted 

material, is not placed on the Internet and will be publicly available only in hard copy form. 

Publicly available docket materials are available either electronically in www.regulations .gov or 

in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S . Environmental Protection Agency, Region 4, 61 Forsyth 

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Street, SW, Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the 

person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your 

inspection. The Regional Office's official hours of business are Monday through Friday, 8 :30 to 

4 :30, excluding federal holidays . 

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Regulatory Development 

Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S . 

Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303-

8960. The telephone number is (404) 562-9152. Mr. Farngalo can also be reached via electronic 

mail at farngalo .zurigepa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II . Analysis of the Commonwealth's Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

In accordance with the CAA, the Owensboro Area, consisting of Daviess County and a 

portion of Hancock County in Kentucky, was designated as marginal nonattainment for the 1-

hour ozone NAAQS effective November 6, 1991 (56 FR 56694) because the Area did not meet 

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the 1-hour ozone NAAQS. On November 13, 1992, the Commonwealth of Kentucky submitted 

a request to redesignate the Owensboro Area to attainment for the 1-hour ozone standard . At the 

same time as the redesignation request, Kentucky submitted the required ozone monitoring data 

and maintenance plan to ensure that the Owensboro Area would remain in attainment for the 1-

hour ozone standard for a period of 10 years, consistent with the CAA section 175A. The 

maintenance plan submitted by Kentucky followed EPA guidance for limited maintenance areas, 

which applied to 1-hour ozone standard areas with design values lower than 85 percent of the 

applicable standard (0.12 parts per million (ppm)) . On February 7, 1995, EPA approved 

Kentucky's request to redesignate the Owensboro Area (60 FR 7124) to attainment for the 1-

hour ozone standard . 

On April 30, 2004, EPA designated areas for the 1997 8-hour ozone NAAQS (69 FR 

23858), and published the final Phase I Implementation Rule for the 1997 8-hour ozone NAAQS 

(69 FR 23951) (Phase I Rule). Daviess County and a portion of Hancock County (i .e ., which 

make up the Owensboro Area) were designated as attainment for the 1997 8-hour ozone 

standard, effective June 15, 2004. The Owensboro attainment area consequently was required to 

submit a 10-year maintenance plan under section 110(a)(1) of the CAA and the Phase I Rule, 40 

CFR 51 .905(a)(3) and (4). On May 20, 2005, EPA issued guidance providing information on 

how a state might fulfill the maintenance plan obligation established by the CAA and the Phase I 

Rule (Memorandum from Lydia N. Wegman to Air Division Directors, Maintenance Plan 

Guidance Document for Certain 8-hour Ozone Areas Under Section 110(a)(1) of Clean Air Act, 

May 20, 2005 - hereafter referred to as "Wegman Memorandum"). On December 22, 2006, the 

United States Court of Appeals for the District of Columbia Circuit issued an opinion that 
vacated portions of EPA's Phase I Implementation Rule for the 1997 8-hour ozone standard . See 

South Coast Air Quality Management District. v. EPA, 472 F.3d 882 (D .C . Cir. 2006). The 

Court vacated those portions of the Rule that provided for regulation of the 1997 8-hour ozone 

nonattainment areas designated under Subpart 1 in lieu of Subpart 2 (of part D of the CAA), 

among other portions . The Court's decision did not alter any requirements under the Phase I 

Rule for section 110(a)(1) maintenance plans. EPA is proposing to find that Kentucky's May 27, 

2008, proposed SIP revision satisfies the section 110(a)(1) CAA requirements for a plan that 

provides for implementation, maintenance, and enforcement of the 1997 8-hour ozone NAAQS 

in the Owensboro Area. On March 12, 2008, EPA issued a revised ozone standard . The current 

action, however, is being taken to address requirements under the 1997 ozone standard. 

Requirements for the Owensboro Area under the 2008 standard will be addressed in the future . 

II. Analysis of the Commonwealth's Submittal 

On May 27, 2008, the Commonwealth of Kentucky submitted a SIP revision containing a 

1997 8-hour ozone maintenance plan for the Owensboro Area as required by section 110(a)(1) of 

the CAA and the provisions of EPA's Phase I Rule (see 40 CFR 51 .905(a)(4)). The purpose of 

this maintenance plan is to ensure continued attainment and maintenance of the 1997 8-hour 

ozone NAAQS in the Owensboro Area until 2020. 

As required, this plan provides for continued attainment and maintenance of the 1997 8-

hour ozone NAAQS in the Owensboro Area for 10 years from the effective date of the Area's 

designation as attainment for the 1997 8-hour ozone NAAQS, and includes contingency 

measures. A July 15, 2009, submittal from Kentucky updated the emissions projections for point 
sources for 2005 and 2008 with actual data, and revised the point source projections for 2011, 

2014, 2017 and 2020 based on more recent data. Each of the section 110(a)(1) plan components 

for the Owensboro Area is discussed below. 

(a) Attainment Inventory. In order to demonstrate maintenance in the Owensboro Area, 

Kentucky developed comprehensive inventories of volatile organic compounds (VOC) and 

nitrogen oxide (NOx) emissions from area, stationary, and mobile sources using 2002 as the base 

year. The year 2002 is an appropriate year for Kentucky to base attainment level emissions, 

because states may select any one of the three years on which the 1997 8-hour attainment 

designation was based (2001, 2002, and 2003). The Commonwealth's submittal contains the 

detailed inventory data and summaries by source category. Using the 2002 inventory (as a base 

year) reflects one of the years used for calculating the air quality design value on which the 1997 

8-hour ozone designation for the Area was based. 

A further practical reason for selecting 2002 as the base year emission inventory is that 

section 110(a)(2)(B) of the CAA and the Consolidated Emissions Reporting Rule (67 FR 39602, 

June 10, 2002) require states to submit emissions inventories for all criteria pollutants and their 

precursors every three years, on a schedule that includes the emissions year 2002 . The due date 

for the 2002 emissions inventory is established in the Rule as June 2004. In accordance with 

these requirements, Kentucky compiles a statewide emissions inventory for point sources on an 

annual basis. On-road mobile emissions of VOC and NOx were estimated using MOBILE6.2 

motor vehicle emissions factor computer model. Non-road mobile emissions data were derived 

using the U.S . EPA's Non-Road Model. 
In projecting data for the attainment year 2020 inventory, Kentucky used several methods 

to project data from the base year 2002 to the years 2005, 2008, 2011, 2014, 2017 and 2020. 

These actual and projected inventories were developed using EPA-approved technologies and 

methodologies. Point source and non-point source projections were derived from the Emissions 

Growth Analysis System version 4.0 (EGAS 4.0) . Non-road mobile projections were derived 

from EGAS 4.0, as well as from the National Mobile Inventory Model. 

The following tables provide VOC and NOx emissions data for the 2002 base attainment 

year inventory; as well as actual VOC and NOx emission inventory data for 2005 and 2008, and 

projected VOC and NOx emission inventory data for 2011, 2014, 2017 and 2020 . 

Table 1. Owensboro Areal 

VOC and NOx Emissions Inventory 

Emissions 2002 2005 2008 201_1 ___2_014 -20-17 --2-02-0 

Total VOC 18.97 14 .54 14.42 14 .09 13 .85 13 .79 13 .81 (tons per day) 

Total NOx 44.87 36 .78 31 .07 30.63 30.28 30.27 30.58 (tons per day) 

As shown in Table 1 above, the Owensboro Area total VOC and NOX emissions are 

projected to decrease from the base year of 2002 to the maintenance year of 2020, thus 

demonstrating continued attainment/maintenance of the 1997 8-hour ozone standard. Total VOC 

emissions are projected to steadily decrease from the base year of 2002 through 2017, but are 

then projected to slightly increase by 0.02 tons per day (tpd) between the years 2017 and 2020. 

' These emissions estimates in this table were provided by Kentucky on July 15, 2009, through John Lyons, Director, Division of Air Quality, as an update to emissions estimates provided in the May 25, 2007, submittal. 

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Additionally, total NOx emissions steadily decreased from the base year of 2002 to 2017, but are 

then projected to slightly increase by 0.31 tpd. However, year 2020 emissions projected for both 

VOC and NOx are well under the 2002 baseline year emission levels . Thus EPA proposes to 

find that Kentucky demonstrated that the 1997 8-hour ozone standard will continue to be 

maintained . 

As shown in the table above, Kentucky has demonstrated that the future year emissions 

will be less than the 2002 base attainment year's emissions for the 1997 8-hour ozone NAAQS. 

The attainment inventory submitted by Kentucky for this Area is consistent with the criteria 

discussed in the Wegman Memorandum. EPA finds that the actual emissions levels in 2005, and 

2008, along with the future emissions for 2011, 2014, 2017, and 2020 are expected to be less 

than the emissions levels in 2002. See Table 2 for design value trends for this Area. 

In the event that a future 8-hour ozone monitoring reading in this Area is found to violate 

the 1997 8-hour ozone standard, the contingency plan section of the maintenance plan includes 

measures that at least one of which will be promptly implemented to ensure that this Area returns 

the maintenance of the 1997 8-hour ozone standard . Please see section (d) Contingency Plan, 

below, for additional information related to the contingency measures. 

(b) Maintenance Demonstration. The primary purpose of a maintenance plan is to 

demonstrate how an area will continue to remain in compliance with the 1997 8-hour ozone 

standard for the 10 year period following the effective date of designation as 

unclassifiable/attainment . The end projection year for the maintenance plan for Owensboro Area 

was 2020. As discussed in section (a) Attainment Inventory above, Kentucky identified the level 

of ozone-forming emissions that were consistent with attainment of the NAAQS for ozone in 
2002 . For the original submittal, Kentucky projected VOC and NOx emissions for the years 

2005, 2008, 2011, 2014, 2017 and 2020 in the Owensboro Area. Subsequently, Kentucky 

provided updated projections for all the years. See Table 1 . EPA proposes to find that the future 

emissions levels in those years are expected to be below the emissions levels in 2002. 

Kentucky's SIP revision also relies on a combination of several air quality measures that 

will provide for additional 8-hour ozone emissions reductions in the Owensboro Area. These 

measures include the potential implementation of the following, among others : (1) federal motor 

vehicle control program; (2) fleet turnover of automobiles; (3) low reid vapor pressure of 

gasoline ; (4) tier 2 motor vehicle emissions and fuel standards; (5) heavy-duty gasoline and 

diesel highway vehicles standard ; (6) large nonroad diesel engines rule ; (7) nonroad spark 

ignition engines and recreational engines standard ; (8) point source emission reductions ; (9) Air 

Products and Chemicals -21-157-00009, (10) reasonably available control measures, (11) 

maximum available control technology; (12) NOx SIP Call; (13) Clean Air Interstate Rule 

(CAIR)2; (14) several control programs to reduce area source emissions from aerosol coatings, 

architectural and industrial maintenance coatings, and commercial/consumer products; (15) nonhighway mobile source reductions ; and (16) emissions standards for small and large sparkignition engines, locomotives and land based diesel engines. 

There are no sources subject to CAIR or the NOx SIP Call in the Owensboro Area. 

Hence the recent remand of CAIR does not impact the maintenance inventories or maintenance 

demonstration in any way. Further, the Owensboro Area was in attainment prior to 

implementation of these rules. Hence any contribution to the reduction in the background ozone 

Z Despite the legal status of CAIR as remanded, many facilities have already or are continuing with plans to install emission controls that may benefit Kentucky areas. 

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levels from these rules will be in addition to the projected decreases within the maintenance 

planning area. These rules are included in the discussion of the maintenance plan because, even 

though the submittal takes no credit for them, they are expected to reduce transported NOx and 

ozone from outside the nonattainment area, providing a further, unquantified improvement in the 

Area's air quality. 

(c) Ambient Air Quality Monitoring. The table below shows monitoring and design 

values 3 for the Owensboro Area. The ambient ozone monitoring data was collected at sites that 

were selected with assistance from EPA and are considered to be representative of the area of 

highest concentration. 

There is a monitor in Hancock and Daviess Counties in the Owensboro Area. There was 

no design value exceeding the 1997 0 .08 ppm standard and it is anticipated that the monitors will 

remain at current locations, unless otherwise allowed to be removed in consultation with EPA 

and in accordance with the 40 CFR part 58. See, Wegman Memorandum, pages 4 and 5 . 

3 The air quality design value at a monitoring site is defined as that concentration that when reduced to the level of the standard ensures that the site meets the standard. For a concentration-based standard, the air quality design value is simply the standard-related test statistic. Thus, for the primary and secondary ozone standards, the 3-year average annual fourth-highest daily maximum 8-hour average ozone concentration is also the air quality design value for the site. 40 CFR Part 50, Appendix 1, Section 3. 

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Table 2. Monitoring and Design Values for 8-Hour Ozone (ppm) 

Year 

Owensboro Area 

Monitoring Values 

Daviess 

County 

Hancock 

County 

Area 

Design 

Value 

2000-2002 0.077 0.083 0.083 

2001-2003 0.076 0.082 0.082 

2002-2004 0.073 0.080 0.080 

2003-2005 0.072 0.073 0.073 

2004-2006 0.074 0.073 0.074 

2005-2007 0.081 0.076 0 .081 I 

2006-2008 0.077 0.076 0 .077 

Based on the Table above, each of the three-year average available design values 

demonstrates attainment of the 1997 ozone NAAQS. The design value for the area is the higher 

of the design values at either of the monitors. Further, these design vales indicate that the 

Owensboro Area is expected to continue attainment of the 1997 ozone NAAQS. The attainment 

level for the 1997 8-hour ozone standard is 0.08 ppm, effectively 0 .084 ppm with the rounding 

convention . However, in the event that a design value at one of Owensboro Area monitoring 

sites exceeds the 1997 8-hour ozone standard, the contingency plan included in the Kentucky's 

maintenance plan submittal includes contingency measures which will be promptly implemented 

in accordance with section (d) Contingency Plan, below. 

(d) Contingency Plan. In accordance with 40 CFR 51 .905(a)(4)(ii) and the Wegman 

Memorandum, the section 110(a)(1) maintenance plan includes contingency provisions to 

promptly correct any violation of the 1997 8-hour ozone NAAQS that occurs . In this 

maintenance plan, if contingency measures are triggered by a violation of the 8-hour ozone 

NAAQS, Kentucky is committing to adopt one or more of the contingency measures listed 

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below, within nine months following the trigger, and implement the measures within eighteen 

months following the trigger. The contingency measures include: (1) implementation of a 

program to require additional emissions reductions on stationary sources; (2) requirement for 

Stage I Vapor Recovery; (3) requirement of Stage 11 Vapor Recovery; (4) restricting open 

burning during summer ozone season ; (5) restriction of certain roads or lanes to, or construction 

of such roads or lanes for use by, passenger buses or high-occupancy vehicles ; (6) trip-reduction 

ordinances ; (7) employer-based transportation management plans, including incentives ; (8) 

programs to limit or restrict vehicle use in downtown areas, or other areas of emissions 

concentration, particularly during periods of peak use; and (9) programs for new construction 

and major reconstructions of paths or tracks for use by pedestrians or by non-motorized vehicles 

when economically feasible and in the public interest. 

The maintenance plan also includes two additional triggers (which would occur prior to a 

violation of the 1997 8-hour ozone NAAQS) for an evaluation of existing control measures to 

see if any further emission reduction measures should be implemented at that time. These 

triggers are an exceedance of the NAAQS in any portion of the maintenance area or a ten percent 

or greater increase in emissions of either VOC or NOX, based on the 2002 emissions inventory 

and periodic emission inventory updates. If either of these triggers occurs, Kentucky commits to 

evaluating existing control measures to see if any further emission reduction measures should be 

implemented. 

EPA proposes to find that these contingency measures and schedules for implementation 

satisfy EPA's guidance on the requirements of section 110(a)(1) of continued attainment . 

Continued attainment of the 1997 8-hour ozone NAAQS in the Owensboro Area will depend, in 

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part, on the air quality measures discussed previously (see section II). In addition, Kentucky 

commits to verifying the 1997 8-hour ozone status in each maintenance plan through annual and 

periodic evaluations of the emissions inventories . In the annual evaluations, Kentucky will 

review VOC and NO,, emission data from stationary point sources. During the periodic 

evaluations (every three years), Kentucky will update the emissions inventory for all emissions 

source categories, and compare the updated emissions inventory data with actual 2005 and 2008, 

and projected 2011, 2014, 2017 and 2020 attainment emissions inventories to verify continued 

attainment of the 1997 8-hour ozone standard . 

III. Proposed Action 

Pursuant to section 110(a)(1) of the CAA; EPA is proposing to approve the maintenance 

plan addressing the 1997 8-hour ozone standard for the Owensboro Area, which was submitted 

by Kentucky on May 27, 2008, as updated in a July 15, 2009, submission, and which ensures 

continued attainment of the 1997 8-hour ozone NAAQS through the year 2020. EPA has 

evaluated the Commonwealth's submittal and has determined that it meets the applicable 

requirements of the CAA and EPA regulations, and is consistent with EPA policy . 

IV. 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 proposed action merely approves state 

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law as meeting Federal requirements and does not impose additional requirements beyond those 

imposed by state law. For that reason, this proposed 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 (Public Law 

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 

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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. 
List of Subjects 

40 CFR part 52 

Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by 

reference, Ozone, Nitrogen dioxides, Reporting and recordkeeping requirements, Volatile 

organic compounds. 

JAW - 4 2010 

Jan 4, 2010 

Dated: 

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Acting Regional Administrator, 

Region 4.