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39032 Federal Register / Vol. 71, No.

132 / Tuesday, July 11, 2006 / Proposed Rules

Therefore, EPA has determined that responsibilities between the Federal recordkeeping requirements, Sulfur
Virginia’s Privilege and Immunity Government and Indian tribes, as oxides.
statutes will not preclude the specified by Executive Order 13175 (65 Authority: 42 U.S.C. 7401 et seq.
Commonwealth from enforcing its FR 67249, November 9, 2000), nor will
program consistent with the Federal it have substantial direct effects on the Dated: June 27, 2006.
requirements. In any event, because States, on the relationship between the William T. Wisniewski,
EPA has also determined that a state national government and the States, or Acting Regional Administrator, Region III.
audit privilege and immunity law can on the distribution of power and [FR Doc. 06–6149 Filed 7–10–06; 8:45 am]
affect only state enforcement and cannot responsibilities among the various BILLING CODE 6560–50–P
have any impact on Federal levels of government, as specified in
enforcement authorities, EPA may at Executive Order 13132 (64 FR 43255,
any time invoke its authority under the August 10, 1999), because it merely ENVIRONMENTAL PROTECTION
Clean Air Act, including, for example, proposes to approve a state rule AGENCY
sections 113, 167, 205, 211 or 213, to implementing a Federal requirement,
enforce the requirements or prohibitions and does not alter the relationship or 40 CFR Part 300
of the state plan, independently of any the distribution of power and
state enforcement effort. In addition, responsibilities established in the Clean [FRL–8195–4]
citizen enforcement under section 304 Air Act. This proposed rule also is not
of the Clean Air Act is likewise subject to Executive Order 13045 (62 FR National Oil and Hazardous
unaffected by this, or any, state audit 19885, April 23, 1997), because it is not Substances Pollution Contingency
privilege or immunity law. economically significant. Plan; National Priorities List
In reviewing SIP submissions, EPA’s
IV. Proposed Action role is to approve state choices, AGENCY: Environmental Protection
EPA is proposing to approve the provided that they meet the criteria of Agency.
removal of the vacated Consent the Clean Air Act. In this context, in the ACTION: Notice of Intent to Delete the T.
Agreement for Burlington Industries absence of a prior existing requirement H. Agriculture and Nutrition Site from
from the Virginia SIP. EPA is soliciting for the State to use voluntary consensus the National Priorities List.
public comments on the issues standards (VCS), EPA has no authority
discussed in this document. These to disapprove a SIP submission for SUMMARY: The Environmental Protection
comments will be considered before failure to use VCS. It would thus be Agency (EPA) Region 9 announces the
taking final action. inconsistent with applicable law for intent to delete the T. H. Agriculture
V. Statutory and Executive Order EPA, when it reviews a SIP submission, and Nutrition site (‘‘the site’’) from the
Reviews to use VCS in place of a SIP submission National Priorities List (NPL) and
that otherwise satisfies the provisions of requests public comment on this
Under Executive Order 12866 (58 FR the Clean Air Act. Thus, the proposed action. The NPL constitutes
51735, October 4, 1993), this proposed requirements of section 12(d) of the Appendix B of 40 CFR part 300 which
action is not a ‘‘significant regulatory National Technology Transfer and is the National Oil and Hazardous
action’’ and therefore is not subject to Advancement Act of 1995 (15 U.S.C. Substances Pollution Contingency Plan
review by the Office of Management and 272 note) do not apply. As required by (NCP), which EPA promulgated
Budget. For this reason, this action is section 3 of Executive Order 12988 (61 pursuant to section 105 of the
also not subject to Executive Order FR 4729, February 7, 1996), in issuing Comprehensive Environmental
13211, ‘‘Actions Concerning Regulations this proposed rule, EPA has taken the Response, Compensation and Liability
That Significantly Affect Energy Supply, necessary steps to eliminate drafting Act (CERCLA) of 1980, as amended.
Distribution, or Use’’ (66 FR 28355 (May errors and ambiguity, minimize EPA and the State of California, through
22, 2001)). This action merely proposes potential litigation, and provide a clear the California Department of Toxic
to approve state law as meeting Federal legal standard for affected conduct. EPA Substances Control, have determined
requirements and imposes no additional has complied with Executive Order that the remedial action for the site has
requirements beyond those imposed by 12630 (53 FR 8859, March 15, 1988) by been successfully executed.
state law. Accordingly, the examining the takings implications of
Administrator certifies that this the rule in accordance with the DATES:Comments concerning the
proposed rule will not have a significant ‘‘Attorney General’s Supplemental proposed deletion of this Site from the
economic impact on a substantial Guidelines for the Evaluation of Risk NPL may be submitted on or before
number of small entities under the and Avoidance of Unanticipated August 10, 2006.
Regulatory Flexibility Act (5 U.S.C. 601 Takings’’ issued under the executive ADDRESSES: Submit your comments,
et seq.). Because this rule proposes to order. This proposed rule to approve the identified by Docket ID No. EPA–HQ–
approve pre-existing requirements Virginia Department of Environmental SFUND–1986–0005, by one of the
under state law and does not impose Quality State Implementation Plan following methods:
any additional enforceable duty beyond revision request for the removal of the • http://www.regulations.gov. Follow
that required by state law, it does not Consent Agreement for the Burlington the on-line instruction for submitting
contain any unfunded mandate or Industries facility located in Clarksville, comments.
significantly or uniquely affect small Mecklenburg County, VA, does not
governments, as described in the • E-mail the superfund docket center
impose an information collection
Unfunded Mandates Reform Act of 1995 (specify docket ID number)—e-mail
burden under the provisions of the
(Pub. L. 104–4). This proposed rule also address: superfund.docket@epa.gov.
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Paperwork Reduction Act of 1995 (44


does not have a substantial direct effect U.S.C. 3501 et seq.). • Fax the docket center (specify
on one or more Indian tribes, on the docket number)—fax number: 202–566–
relationship between the Federal List of Subjects in 40 CFR Part 52 0224
Government and Indian tribes, or on the Environmental protection, Air • Mail hardcopy to the docket center
distribution of power and pollution control, Reporting and (specify docket number) address:

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Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Proposed Rules 39033

Environmental Protection Agency, EPA appointment, 8 a.m. to 5 p.m., M–F, from, or recategorized on the NPL where
Docket Center (EPA/DC), Superfund, excluding legal holidays. The deletion no further response is appropriate. In
Mailcode 5202T, 1200 Pennsylvania document is also available for public making a determination to delete a
Avenue, NW., Washington, DC 20460. viewing at the following local release from the NPL, EPA shall
• For Fedex/Courier delivery, the information repositories for the site: consider, in consultation with the state,
following address should be added Fresno County Library, Sunnyside whether any of the following criteria
(specify docket number): address: 1301 Branch, 5562 E. Kings Canyon Rd., have been met:
Constitution Ave., NW., EPA West Fresno, CA 93727, (559) 255–6594. (i) Responsible parties or other
Building, USEPA Docket Center, Available hours: M–T, 9 a.m.–9 p.m.; F– persons have implemented all
Reading Room B–102, Washington, DC Sat. 9–5 p.m.; Sun. 12–5, and California appropriate response actions required;
20460. Department of Toxic Substances or
Hand deliveries are only accepted Control, Clovis Office, File Room, 1515 (ii) All appropriate Fund-financed
during the Docket’s normal hours of Tollhouse Road, Clovis, CA 93612, (559) responses under CERCLA have been
operation, and special arrangements 297–3961. Available hours: by implemented, and no further response
should be made for deliveries of boxed appointment only, fax request to action by responsible parties is
information. Barbara Doehring at (559) 297–3904. appropriate; or
Instructions: Direct your comments to (iii) The Remedial Investigation has
FOR FURTHER INFORMATION CONTACT:
Docket ID No. EPA–HQ–SFUND–1986– shown that the release poses no
Lynn Suer, Remedial Project Manager,
0005. EPA’s policy is that all comments significant threat to public health or the
U.S. EPA 9 (SFD–7–2), 75 Hawthorne
received will be included in the public environment and, therefore, remedial
Street, San Francisco, CA 94105, (415)
docket without change and may be measures are not appropriate.
972–3148, or 1–800–231–3075. Even if a site is deleted from the NPL,
made available online at http://
www.regulations.gov, including any SUPPLEMENTARY INFORMATION: where hazardous substances, pollutants,
personal information provided, unless Table of Contents or contaminants remain at the site above
the comment includes information I. Introduction levels that allow for unlimited use and
claimed to be Confidential Business II. NPL Deletion Criteria restricted exposure, EPA’s policy is that
Information (CBI) or other information III. Deletion Procedures a subsequent review of the site will be
whose disclosure is restricted by statute. IV. Basis of Intended Site Deletion conducted at least every five years after
Do not submit information that you the initiation of the remedial action at
I. Introduction the site to ensure that the site remains
consider to be CBI or otherwise
protected through http:// The U.S. Environmental Protection protective of public health and the
www.regulations.gov or e-mail. The Agency (EPA) Region 9 announces its environment. If new information
http://www.regulations.gov Web site is intent to delete the T. H. Agriculture becomes available which indicates a
an ‘‘anonymous access’’ system, which and Nutrition Site, Fresno County, need for further action, EPA may initiate
means EPA will not know your identity California, from the National Priorities additional remedial actions. Whenever
or contact information unless you List (NPL) and requests public comment there is a significant release from a
provide it in the body of your comment. on this proposed action. The NPL deleted site from the NPL, the site may
If you send an e-mail comment directly constitutes Appendix B of 40 CFR part be restored to the NPL without
to EPA without going through http:// 300 which is the Oil and Hazardous application of the Hazard Ranking
www.regulations.gov, your e-mail Substances Pollution Contingency Plan System. In the case of this site, the
address will be automatically captured (NCP), which EPA promulgated selected remedy is protective of human
and included as part of the comment pursuant to section 105 of the health and the environment.
that is placed in the public docket and Comprehensive Environmental
made available on the Internet. If you Response, Compensation and Liability III. Deletion Procedures
submit an electronic comment, EPA Act (CERCLA) of 1980, as amended. The following procedures were used
recommends that you include your EPA identifies sites that appear to for the intended deletion of this site: (1)
name and other contact information in present a significant risk to public All appropriate response under CERCLA
the body of your comment and with any health, welfare, or the environment and has been implemented and no further
disk or CD–ROM you submit. If EPA maintains the NPL as the list of these action by EPA is appropriate; (2) The
cannot read your comment due to sites. EPA and the State of California State of California has concurred with
technical difficulties and cannot contact Cal/EPA Department of Toxic the proposed deletion decision; (3) a
you for clarification, EPA may not be Substances Control have determined notice has been published in the local
able to consider your comment. that the remedial action for the site has newspapers and has been distributed to
Electronic files should avoid the use of been successfully executed. EPA will appropriate federal, state, and local
special characters, any form of accept comments on the proposal to officials and other interested parties
encryption, and be free of any defects or delete this site for thirty (30) days after announcing the commencement of a 30-
viruses. publication of this document in the day public comment period on EPA’s
Docket: All documents in the docket Federal Register. Section II of this Notice of Intent to Delete; and (4) all
are listed in the http:// document explains the criteria for relevant documents have been made
www.regulations.gov index. Although deleting sites from the NPL. Section III available in the local site information
listed in the index, some information is discusses the procedures EPA is using repositories.
not publicly available, e.g., CBI or other for this action. Section IV discusses the Deletion of the site from the NPL does
information whose disclosure is T. H. Agriculture and Nutrition site and not itself create, alter, or revoke any
restricted by statute. Publicly available individual’s rights or obligations. The
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explains how the site meets the deletion


docket materials are available in hard criteria. NPL is designed primarily for
copy at the EPA’s Region 9 Superfund informational purposes and to assist
Records Center, 95 Hawthorne Street, II. NPL Deletion Criteria Agency management. As mentioned in
Suite 403S, San Francisco, CA 94105, Section 300.425(e)(1) of the NCP section II of this notice, § 300.425(e)(3)
(415) 536–2000. Available hours: by provides that releases may be deleted of the NCP states that the deletion of a

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39034 Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Proposed Rules

site from the NPL does not preclude site. Based on results of this The Remedial Action Plan (RAP),
eligibility for future response actions. investigation, the site was placed on the which is the State’s equivalent to EPA’s
For deletion of this site, EPA’s State Priority Ranking List in 1985. EPA Record of Decision, was adopted in
Regional Office will accept and evaluate added the site to the National Priorities 1999. EPA concurred with the RAP and
public comments on EPA’s Notice of List (NPL) in June 1986 (51 FR 21,054, the Final Remedy. The construction
Intent to Delete before making a final June 10, 1986). Although EPA provides activities for implementing the Final
decision to delete. If necessary, the technical assistance to DTSC concerning Remedy were completed in early 2003,
Agency will prepare a Responsiveness the site, DTSC remains the lead agency. and all remedial actions were fully
Summary to address any significant The risk assessment for the site implemented in 2005.
public comments received. identified several chemicals of concern
A deletion occurs when the Regional Response Actions
(COCs), including: organochlorine
Administrator places a final notice in pesticides Remedial activities occurred before
the Federal Register. Generally, the NPL (dichlorodiphenyltrichloroethane and after adoption of the RAP. Activities
will reflect deletions in the final update [DDT], dichlorodiphenyldichloroethane prior to 1999 RAP included excavation
following the Notice. Public notices and [DDD], and off-site disposal of more than
copies of the Responsiveness Summary dichlorodiphenyldichloroethylene 24,000 cubic yards of chemically-
will be made available to local residents [DDE], dieldrin, lindane, and affected soil (1984 and 1989),
by the Regional Office. toxaphene), volatile organic compounds demolition and removal of structures
(VOCs) (chloroform, xylenes, and and chemically affected debris and soil,
IV. Basis of Intended Site Deletion installation and operation of a soil vapor
ethylbenzene), and the nematocide
The following site summary provides extraction system to treat soils,
Dibromochloropropane (DBCP). The
the Agency’s rationale for the proposal provision of alternative drinking water
COCs in onsite and offsite groundwater
to delete this site from the NPL. supplies to nearby residents, and
included 1, 2-Dichloroethane (DCA),
Site Background and History carbon tetrachloride, chloroform, installation of groundwater monitoring
dieldrin, DBCP and 1,2,3- wells.
The T. H. Agriculture and Nutrition Activities to achieve Final Remedy, as
(THAN) site consists of an trichloropropane (1,2,3-TCP). Lindane,
established by the 1999 RAP, included
approximately 5-acre parcel located at alpha-benzenehexachloride (BHC), and
further demolition and removal of
7183 East McKinley Avenue, delta-BHC have also been historically structures, excavation of contaminated
approximately three miles northeast of detected. soils and incorporation beneath an
the City of Fresno, California. Between In the Fresno area, DBCP has been engineered cap, construction of
1951 and 1981, several owners utilized detected at elevated concentrations in composite cap and perimeter fence, re-
the Site for the formulation, packaging, regional groundwater as a result of its vegetation of engineered cap to prevent
and warehousing of agricultural regional application to crops. erosion, establishment of long-term
chemicals (i.e., pesticides). Successive Concentrations of DBCP in wells down- Operations, Maintenance and
owners included Ciba-Geigy gradient of the site are not significantly Monitoring Agreement, development of
Corporation, Olin Corporation, De different from the range of regional contingency plan for action (e.g.,
Pester Western, Inc. (Nevada), De Pester DBCP concentrations. Recent groundwater extraction and/or
Western, Inc. (California), and THAN groundwater studies indicate that 1,2,3- treatment), in the event that
(known as the Thompson-Hayward TCP is also a regional pollutant similar groundwater monitoring indicates that
Chemical Company prior to 1981). From to DBCP. one or more Contaminants of Concern
1959 until present, the Site has been Remedial investigation activities (COCs) exceed Final Remediation Goals,
owned or operated by THAN. In 1981, revealed several onsite chemical source continued provision (and expansion, as
THAN discontinued operations, and the areas, including the former landfill area, appropriate) of alternative water supply
facility closed completely in 1983. the former railroad loading dock, the by connections to public water supply
In addition to the approximately 5- former south loading dock, certain system, point-of-use treatment, or
acre parcel, THAN currently owns an former subsurface drainage systems, and bottled water, land use restriction, and
adjacent 20-acre orchard parcel that the former solvent storage area. financial assurances to ensure long-term
borders on the south, east, and west Prior to implementation of the site maintenance and operation of the Final
sides of the Site. Properties surrounding remedial action, the primary chemicals Remedy.
THAN’s 25 acres of land consist of contributing to the cancer risk from Numeric Final Remediation Goals for
farms, orchards, and low-density exposure to soils were toxaphene, DDT, Carbon tetrachloride, chloroform, 1,2–
residential developments. and dieldrin. Dermal contact with soil DCA and dieldrin, were based on
Contamination at the site was was the most significant exposure regulatory and health-based criteria.
discovered in 1980. Water sampling pathway. The primary chemicals Final Remediation Goals for 1,2,3 TCP
from domestic wells located near the contributing to non-cancer health effects and DBCP were non-numeric, because
site, conducted by the Cal/EPA from exposure to soils were DDT, DDE, the presence of these chemicals in
Department of Toxic Substances Control DDD, and dieldrin. groundwater is regional.
(DTSC), then known as the Department Prior to remedial action, cumulative The Remedial Design, for
of Health Services, revealed low levels cancer risks from exposure to implementing the Final Remedy, was
of agricultural chemicals. Subsequently, groundwater (combining ingestion, approved by DTSC in 2002 and the
DTSC, the Fresno County Health bathing, and swimming pathways) majority of the construction work was
Department, and the State of California ranged from 3 x 10¥3 for future onsite completed by January 24, 2003,
Central Valley Regional Water Quality adult residents to 4 x 10¥5 for current including construction of site access
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Control Board (Regional Board) offsite child residents. The primary restrictions (fence and signs). A
requested and supervised an chemicals contributing to both cancer Preliminary Close Out Report was
investigation by THAN to determine the risk and non-cancer hazard from signed by U.S. EPA on June 24, 2004,
extent of environmental contamination exposure to groundwater were DBCP, documenting Construction Completion.
in soil and groundwater related to the chloroform, and dieldrin. Implementation of the Final Remedy

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Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Proposed Rules 39035

was completed in 2005 with the use of the site. Since the cleanup of the ENVIRONMENTAL PROTECTION
execution of the Operation, T. H. Agriculture and Nutrition site AGENCY
Maintenance and Monitoring (OM&M) utilized containment of the hazardous
Agreement between DTSC and THAN materials as the method to reduce the 40 CFR Part 721
and recording of the Deed Restriction, risk, the five-year review process will be
for which EPA is a third-party used to insure that the cap is still intact [EPA–HQ–OPPT–2005–0036; FRL–7733–9]
beneficiary. The Deed Restriction, and blocking exposure pathways for
RIN 2070–AJ19
limiting the uses of the property, is the human health and the environment.
primary institutional control for the site. EPA will conduct the first statutory five- Mercury Switches in Motor Vehicles;
Cleanup Standards year review in 2007. Proposed Significant New Use Rule
The remedial action cleanup activities Community Involvement AGENCY: Environmental Protection
at the T. H. Agriculture and Nutrition A Community Relations Plan was Agency (EPA).
Site are consistent with the objectives of established in 1986 and updated in ACTION: Proposed rule.
the NCP and provide protection to 1992. Numerous fact sheets and public
human health and the environment. announcements were mailed to the SUMMARY: EPA is proposing a significant
Contaminated soils were excavated and surrounding community and other new use rule (SNUR) under section
consolidated beneath a cap, and interested parties during various phases 5(a)(2) of the Toxic Substances Control
chemically affected structures were of the site investigation and cleanup. In Act (TSCA) for elemental mercury (CAS
demolished and removed. Groundwater addition, at least seven public meetings No. 7439–97–6) used in convenience
monitoring results indicate that were held to receive input from light switches, anti-lock braking system
concentrations of COCs in groundwater community stakeholders. (ABS) switches, and active ride control
samples are generally declining due to A Community Advisory Committee system switches in certain motor
natural biological, chemical, and (CAC) was formed in 1988 to provide a vehicles. This action would require
physical attenuation processes that are forum for greater public input to the persons who intend to manufacture
likely to continue, and the site-specific project decision making process. This (including import) or process mercury
COCs have not exceeded Final group consisted of concerned residents, for these uses, including when mercury
Remediation Goals in any wells since community activists, local and state is imported or processed as part of an
July 2002. Further, is likely that this government officials, and THAN article, to notify EPA at least 90 days
trend will continue, since receding representatives. This group initially met before commencing such activity. EPA
groundwater levels reduce the chance on a monthly basis reducing to bi- believes that this action is necessary
that contaminated soils beneath the cap monthly in the early 1990s. The last because manufacturing, processing, use,
will become saturated. In addition, formal meeting held by the CAC was in or disposal of mercury switches may
provision (and expansion, as January 1995. produce significant changes in human
appropriate) of alternative water supply and environmental exposures. The
by connections to public water supply Applicable Deletion Criteria/State
required notice would provide EPA
system, point-of-use treatment, or Concurrence
with the opportunity to evaluate the use
bottled water ensures that humans are EPA has determined that all of mercury in these switches, and, if
not exposed to contaminated drinking appropriate responses under CERCLA necessary, to prohibit or limit such
water. Annual inspections have verified have been completed and that no further activity before it occurs to prevent
the integrity of the cap and access response actions under CERCLA are unreasonable risk of injury to human
controls. necessary, and institutional controls are health or the environment.
Operation and Maintenance in place. In a letter dated March 27, DATES: Comments must be received on
2006, the State of California through or before September 11, 2006.
Operation, Maintenance and DTSC concurred with EPA that all
Monitoring (OM&M) activities were ADDRESSES: Submit your comments,
appropriate responses under CERCLA
generally outlined in the RAP, and have been completed. Therefore, EPA is identified by docket identification (ID)
further detailed and finalized in the proposing deletion of this site from the number EPA–HQ–OPPT–2005–0036, by
OM&M Plan and OM&M Agreement, NPL. Documents supporting this action one of the following methods:
approved and signed by DTSC and are available from the docket. • Federal eRulemaking Portal: http://
THAN in 2005. DTSC is the oversight www.regulations.gov. Follow the on-line
agency for the OM&M. OM&M activities List of Subjects in 40 CFR Part 300 instructions for submitting comments.
are groundwater monitoring, natural Environmental protection, Air • Mail: Document Control Office
attenuation monitoring, contingent pollution control, Chemicals, Hazardous (7407M), Office of Pollution Prevention
groundwater treatment system waste, Hazardous substances, and Toxics (OPPT), Environmental
monitoring, monitoring and Intergovernmental relations, Penalties, Protection Agency, 1200 Pennsylvania
maintenance of the soil cap and access Reporting and recordkeeping Ave., NW., Washington, DC 20460–
controls (e.g., fencing), maintenance of requirements, Superfund, Water 0001.
the institutional controls (e.g., land use pollution control, Water supply. • Hand Delivery: OPPT Document
restrictions, as required by the Deed Control Office (DCO), EPA East, Rm.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 6428, 1201 Constitution Ave., NW.,
Restriction). 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
Washington, DC. Attention: Docket ID
Five-Year Review number EPA–HQ–OPPT–2005–0036.
3 CFR, 1987 Comp., p. 193.
The Comprehensive Environmental The DCO is open from 8 a.m. to 4 p.m.,
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Response, Compensation and Liability Dated: June 22, 2006. Monday through Friday, excluding legal
Act (CERCLA or Superfund) requires a Wayne Nastri, holidays. The telephone number for the
five-year review of all sites with Regional Administrator, Region 9. DCO is (202) 564–8930. Such deliveries
hazardous substances remaining above [FR Doc. E6–10856 Filed 7–10–06; 8:45 am] are only accepted during the DCO’s
the health-based levels for unrestricted BILLING CODE 6560–50–P normal hours of operation, and special

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