[Federal Register: May 10, 2004 (Volume 69, Number 90)]
[Rules and Regulations]
[Page 25835-25839]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my04-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI119-01a; FRL-7657-6]
Approval and Promulgation of Implementation Plans: Wisconsin:
Kewaunee County Ozone Maintenance Plan Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a revision to the plan prepared by
Wisconsin to maintain the one-hour national ambient air quality
standard (NAAQS) for ozone in the Kewaunee County maintenance area
through the year 2012. Wisconsin's submitted the revision on January
28, 2003, and supplemented it on February 5, 2003 and February 27,
2003. This revision is required by the Clean Air Act. The effect of
this approval is to ensure federal enforceability of the state air
program plan and to maintain consistency between the state-adopted plan
and the approved State Implementation Plan (SIP).
DATES: This ``direct final'' rule is effective July 9, 2004, unless EPA
receives written adverse comment by June 9, 2004. If written adverse
comment is received, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register and inform the public that the rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No.WI119 by
one of the following methods: Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting
comments.
E-mail: bortzer.jay@epa.gov.
Fax: (312)886-5824.
Mail: You may send written comments to: J. Elmer Bortzer, Chief,
Criteria Pollutants Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Hand delivery: Deliver your comments to: J. Elmer
Bortzer, Chief, Criteria Pollutant Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, 18th floor, Chicago, Illinois 60604. 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. WI119. EPA's
policy is that all comments received will be included in the public
docket without change, 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 information that you consider to
be CBI or otherwise protected through regulations.gov, or e-mail. The
federal regulations.gov Web site 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 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
instructions on submitting comments, go to Unit I of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: All documents in the docket are listed in an index.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Publicly available docket materials are
available in hard copy at Environmental Protection Agency, Region 5,
Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. (We recommend that you telephone Michael Leslie,
Environmental Engineer, at (312) 353-6680 before visiting the Region 5
office.) This Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Criteria Pollutants Section (AR-18J), Air Programs Branch,
Air and Radiation Division, United States Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 353-6680, leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
I. General Information
II. What is a SIP?
III. What is the Federal Approval Process for a SIP?
IV. What are the criteria for approval of a maintenance plan?
V. What does federal approval of a state regulation mean to me?
VI. What is in the state's plan to maintain the standard?
VII. Has Wisconsin held a Public Hearing?
VIII. What action is EPA taking?
IX. What are the Statutory and Executive Order Review Requirements?
I. General Information
A. Does This Action Apply to Me?
This action applies to the citizens, industries, and transportation
agencies in Kewaunee County, Wisconsin.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in
[[Page 25836]]
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
(a) Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
(b) Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
(c) Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
(d) Describe any assumptions and provide any technical information
and/or data that you used.
(e) If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
(f) Provide specific examples to illustrate your concerns, and
suggest alternatives.
II. What Is a SIP?
The Clean Air Act (CAA) at section 110 requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide. Each state must
submit these regulations and control strategies to us for approval and
incorporation into the federally-enforceable SIP. Each federally-
approved SIP protects air quality primarily by addressing air pollution
at its point of origin. These SIPs can be extensive and contain state
regulations or other enforceable documents, as well as supporting
information such as emission inventories, monitoring networks, and
modeling demonstrations.
III. What Is the Federal Approval Process for a SIP?
For state regulations to be incorporated into the federally-
enforceable SIP, states must formally adopt the regulations and control
strategies consistent with state and federal requirements. This process
generally includes a public notice, public hearing, public comment
period, and a formal adoption by a state-authorized rulemaking body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the federal
action on the state submission. If adverse comments are received, they
must be addressed prior to any final federal action. All state
regulations and supporting information approved by EPA under section
110 of the CAA are incorporated into the federally-approved SIP.
Records of such SIP actions are maintained in the Code of Federal
Regulations (CFR) at Title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR, but
are ``incorporated by reference,'' which means that we have approved a
given state regulation with a specific effective date.
IV. What Are the Criteria for Approval of a Maintenance Plan?
The requirements for the approval and revision of a maintenance
plan are found in section 175A of the CAA. A maintenance plan must
provide a demonstration of continued attainment including the control
measures relied upon, provide contingency measures for the prompt
correction of any violation of the standard, provide for continued
operation of the ambient air quality monitoring network, provide a
means of tracking the progress of the plan, and include the attainment
emissions inventory and new budgets for motor vehicle emissions.
V. What Does Federal Approval of a State Regulation Mean to Me?
Enforcement of the state regulation before and after it is
incorporated into the federally-approved SIP is primarily a state
responsibility. However, after the regulation is federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
VI. What Is in the State's Plan To Maintain the Standard?
For the past ten years, Wisconsin has had a plan in place to
maintain the one-hour ozone standard in the maintenance area through
2002. The CAA requires that the maintenance plan be revised to provide
for maintenance for ten years after the expiration of the initial
maintenance period. Wisconsin's submittal of January 28, 2003, which
Wisconsin supplemented on February 5, 2003 and February 27, 2003,
contained a revised plan that describes what will be done during the
next ten-year period to maintain the ozone standard in the Kewaunee
County maintenance area through 2012. The following analysis will look
at the elements necessary for approval of a maintenance plan and
determine if they have been fulfilled.
1. Demonstration of Continued Attainment
This revised plan relies on an attainment level of emissions of
volatile organic compounds (VOCs) and nitrogen oxides (NOX)
to maintain the ozone standard through a combination of control
measures. These measures include stationary, area and mobile source
controls. The annual emissions from the entire area for 1999, a period
when no excursions or violations of the standard occurred, and the
project emissions for 2012, the last year of the maintenance plan, are
shown in tables 1 and 2 below.
Table 1.--Kewaunee County VOC Emissions
[Tons/day]
------------------------------------------------------------------------
Source category 1999 2012
------------------------------------------------------------------------
Point................................................... 0.6 0.7
Area.................................................... 1.2 1.3
On-Road Mobile.......................................... 0.9 0.4
Non-Road Mobile......................................... 0.8 0.5
---------
Totals.............................................. 3.5 3.0
------------------------------------------------------------------------
Table 2.--Kewaunee County NOX Emissions
[Tons/day]
------------------------------------------------------------------------
Source category 1999 2012
------------------------------------------------------------------------
Point................................................... 0.0 0.0
Area.................................................... 0.2 0.2
On-Road Mobile.......................................... 1.3 0.6
Non-Road Mobile......................................... 0.6 0.6
---------
Totals.............................................. 2.1 1.5
------------------------------------------------------------------------
Any discrepancies between the table totals and the sum of their
constituent values are due to rounding conventions. The sector totals
were actually figured to three decimal places, summed, and then rounded
to two decimal places to obtain the total emissions.
As can be seen, total emissions decreased during the ten-year
maintenance period. Thus the plan has demonstrated that the one-hour
ozone standard will be maintained. The full emissions benefits obtained
from state and federal control measures are included in the tables
above. For the demonstration of maintenance, it is only necessary for
the state to show that there is no increase in the emissions. Clearly
[[Page 25837]]
excess emission benefits are included in the demonstration. Control
measures used to reduce emissions and maintain the standard are shown
in the following list. These measures include stationary, mobile and
area source controls.
The state has quantified emission reductions from the following
permanent and enforceable measures: Federal Motor Vehicle Control
Program; 1992 gasoline Reid vapor pressure change; federal
architectural, industrial and maintenance coatings rule; federal
consumer and commercial products rule; autobody refinishing rule; Stage
II vapor recovery; traffic markings rule; gasoline station tank
breathing rule; federal non-road engine standards; wood furniture
coating rule; miscellaneous wood products coating rule; industrial
adhesives rule; lithographic printing rule; and, plastic parts coating
rule.
2. Contingency Measures
Despite the best efforts to demonstrate continued compliance with
the NAAQS, the ambient ozone concentrations may exceed or violate the
NAAQS. Therefore, as required by section 175A of the CAA, Wisconsin has
provided contingency measures to promptly correct a future ozone air
quality problem. For the years 2003 through 2007, Wisconsin has
identified the following contingency measures: the NOX SIP
Call (upwind reductions in Illinois and Indiana); federal non-road
engine standards; BP Amoco Agreed Order (Indiana); Wisconsin rule NR
428 NOX reductions; Tier 2 vehicle standards and low sulfur
fuel; heavy duty diesel standards and low sulfur diesel fuel; and
volatile organic liquid storage (Indiana). These measures are adopted
and will be implemented over this time period. From 2008 through 2013,
a violation of the standard will trigger the following: Within 6 months
Wisconsin will complete an analysis to determine appropriate VOC and/or
NOX control levels and locations to address the cause of the
violation, including recommended control measures; Wisconsin will adopt
selected contingent maintenance measures within 18 months; and the
state commits to as short an implementation time-frame as would be
appropriate based on the type of control adopted. Implementation
schedules specific to each control measure are set forth in the state's
submission. Potential contingency measures contained in the plan for
this time period include the following: Reinstatement of requirements
for offsets and/or Lowest Achievable Emissions Reductions; application
of Reasonable Achievable Control Technology (RACT) to smaller existing
sources; tightening of RACT for existing sources; expanded geographic
coverage of current point source measures; additional NOX
controls; transportation control measures, including, but not limited
to, area-wide rideshare programs, telecommuting, transit improvements,
and traffic flow improvements; high-enhanced I/M On-Board Diagnostic;
California Engine Standards; California Architectural Industrial
Maintenance rule; California Commercial and Consumer Products rules;
broader geographic applicability of existing area source measures; and,
California Off-road Engine Standards.
3. Ambient Air Quality Monitoring
Wisconsin currently operates one ozone monitor in Kewaunee County.
Wisconsin has committed to continue operating and maintaining an
approved ozone monitor network through the maintenance period and
beyond.
4. Tracking the Progress of the Plan
Continued attainment of the ozone NAAQS in Kewaunee County depends,
in part, on the state's efforts toward tracking indicators of continued
attainment during the maintenance period. The tracking plan for
Kewaunee County primarily consists of continued ambient ozone
monitoring in accordance with the requirements of 40 CFR part 58. WDNR
maintains a comprehensive ambient air quality monitoring network and
air quality reporting program, including ozone monitoring sites
throughout the state and a fully enhanced network in the area around
Lake Michigan. These are structured in the state statute to continue
through and past the maintenance period. The state will also evaluate
future VOC and NOX emissions inventories for increases over
1999 levels. Triggers include a violation of the one-hour ozone NAAQS;
monitored ambient levels of ozone exceeding 0.124 ppm more than once
per year at any one monitoring station; and levels exceeding 0.124 more
than twice over a three-year period at any one monitoring station.
5. Emission Inventory and Motor Vehicle Emissions Budgets
Wisconsin prepared an emissions inventory for the Kewaunee County
maintenance area for the base year of 1999. The year 1999 year was
selected for the inventory as no excursion nor violations of the
standard occurred. Emissions were then projected for 2007 and 2012. The
MOBILE6 emissions model was used for on-road mobile sources. These
revised inventories were developed using the latest planning
assumptions, including updated vehicle registration data from 1999
through 2001, vehicle miles traveled (VMT), speeds, fleet mix, and SIP
control measures. The emission inventory amounts are shown in the
tables below.
Table 3.--Kewaunee County VOC Emissions
[Tons/day]
------------------------------------------------------------------------
Source category 1999 2007 2012
------------------------------------------------------------------------
Point........................................... 0.6 0.7 0.7
Area............................................ 1.2 1.3 1.3
On-Road Mobile.................................. 0.9 0.6 0.4
Non-Road Mobile................................. 0.8 0.6 0.5
---------
Totals...................................... 3.5 3.2 3.0
------------------------------------------------------------------------
Table 4.--Kewaunee County NOX Emissions
[Tons/day]
------------------------------------------------------------------------
Source category 1999 2007 2012
------------------------------------------------------------------------
Point........................................... 0.0 0.0 0.0
Area............................................ 0.2 0.2 0.2
On-Road Mobile.................................. 1.3 1.0 0.6
Non-Road Mobile................................. 0.6 0.6 0.6
---------
Totals...................................... 2.1 1.8 1.5
------------------------------------------------------------------------
Any discrepancies between the table totals and the sum of their
constituent values are due to rounding conventions. The sector totals
were actually figured to three decimal places, summed, and then rounded
to two decimal places to obtain the total emissions.
Wisconsin has submitted a complete and accurate emissions inventory
of VOC and NOX for the Kewaunee County maintenance area and
we are approving the emissions inventory. Based upon the updated
emissions inventory, the revised maintenance plan contains new budgets
(or limits) for motor vehicle emissions resulting from transportation
plans for the Kewaunee County maintenance area. We have reviewed the
budgets and have found that the budgets meet all of the adequacy
criteria in section 93.118 of the transportation conformity rule. These
criteria include: (1) The SIP was endorsed by the Governor (or his
designee) and was subject to a state public hearing; (2) consultation
among federal, state, and local agencies occurred; (3) the emissions
budget is clearly identified and precisely quantified; (4) the motor
vehicle emissions budget, when considered together with all other
emissions, is consistent with attainment; and (5) the motor vehicle
emissions budget is consistent with and clearly related to the
emissions inventory and control strategy in the
[[Page 25838]]
SIP. We are also required to consider comments submitted to the state
at the public hearing. No comments were received by the state on the
transportation conformity budgets. The new area-wide budgets are shown
in the table below:
Table 5.--Kewaunee Mobile Vehicle Emissions Budgets
[Tons/day]
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2007.................................................... 0.61 0.97
2012.................................................... 0.41 0.63
------------------------------------------------------------------------
These new budgets are to be used in all subsequent conformity
determinations concerning transportation plans in the Kewaunee County
maintenance area. We believe that the motor vehicle emissions budgets
are consistent with the control measures identified in this maintenance
plan and that this plan demonstrates maintenance with the one-hour
ozone standard.
VII. Has Wisconsin Held a Public Hearing?
The Wisconsin submittal was subject to a 30 day public comment
period. Wisconsin held a public hearing on November 22, 2002.
VIII. What Action Is EPA Taking?
We are approving: Wisconsin's revision of the maintenance plan for
the Kewaunee County maintenance and the transportation conformity
budgets for VOC and NOX.
The EPA is publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
comments are filed. This rule will be effective July 9, 2004 without
further notice unless we receive relevant adverse written comments by
June 9, 2004. If we receive such comments, we will withdraw this action
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the proposed action. The
EPA will not institute a second comment period. Any parties interested
in commenting on this action should do so at this time. If we do not
receive any comments, this action will be effective July 9, 2004.
IX. What Are the Statutory and Executive Order Review Requirements?
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Because this action does not significantly affect energy supply,
distribution or use, it is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this 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.).
Unfunded Mandates Reform Act
Because this rule 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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the federal government and Indian tribes, or
on the distribution of power and responsibilities between the federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
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 state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. 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 SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. 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.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this
[[Page 25839]]
action must be filed in the United States Court of Appeals for the
appropriate circuit by July 9, 2004. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: April 26, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart YY--Wisconsin
0
2. Section 52.2585 is amended by adding paragraph (t) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(t) Approval--On January 28, 2003, Wisconsin submitted a request to
update the ozone maintenance plan for Kewaunee County. Additional
information was submitted on February 5, 2003 and February 27, 2003. As
part of the request, the state submitted a maintenance plan as required
by section 175A of the Clean Air Act, as amended in 1990. Elements of
the section 175 maintenance plan include a contingency plan and Motor
Vehicle Emissions Budgets (MVEB) for 2007 and 2012. The following table
outlines the MVEB for transportation conformity purposes for the
Kewaunee ozone maintenance area.
Kewaunee Mobile Vehicle Emissions Budgets
[Tons/day]
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2007.................................................... 0.61 0.97
2012.................................................... 0.41 0.63
------------------------------------------------------------------------
[FR Doc. 04-10341 Filed 5-7-04; 8:45 am]
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