[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48431-48435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22502]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0082; FRL-9969-64-Region 5]
Air Plan Approval; Illinois; Regional Haze Progress Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
regional haze progress report under the Clean Air Act (CAA) as a
revision to the Illinois State Implementation Plan (SIP). Illinois has
satisfied the progress report requirements of the Regional Haze Rule.
Illinois has also met the requirements for a determination of the
adequacy of its regional haze plan with its negative declaration
submitted with the progress report.
DATES: This direct final rule will be effective December 18, 2017,
unless EPA receives adverse comments by November 17, 2017. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0082 at http://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategy Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. EPA's Analysis of Illinois's Regional Haze Progress Report and
Adequacy Determination
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report every five years
that evaluates progress towards the Reasonable Progress Goals (RPGs)
for each mandatory Class I Federal area \1\ (Class I area) within the
state and in each Class I area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). States are
also required to submit, at the same time as the progress report, a
determination of the adequacy of the state's existing regional haze
SIP. See 40 CFR 51.308(h). The first progress report must be submitted
in the form of a SIP revision and is due five years after the submittal
of the initial regional haze SIP. On June 24, 2011, Illinois submitted
its first regional haze SIP in accordance with the requirements of 40
CFR 51.308. EPA approved Illinois' regional haze plan into its SIP on
July 6, 2012, 77 FR 39943.
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\1\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
Listed at 40 CFR part 81, subpart D.
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On February 1, 2017, Illinois submitted a SIP revision consisting
of a report on the progress made in the first implementation period
towards the RPGs for Class I areas outside of Illinois (progress
report). Illinois does not have any Class I areas within its borders.
This progress report included a determination that Illinois' existing
regional haze SIP requires no substantive revision to achieve the
established regional haze visibility improvement and emissions
reduction goals for 2018. EPA is approving Illinois' progress report on
the basis that it satisfies the requirements of 40 CFR 51.308.
II. EPA's Analysis of Illinois's Regional Haze Progress Report and
Adequacy Determination
On February 1, 2017, Illinois EPA submitted the progress report as
a revision to its regional haze SIP to address progress made in the
first planning period towards RPGs for Class I areas that are affected
by emissions from Illinois' sources. The progress report included a
determination of the adequacy of the state's existing regional haze
SIP.
Illinois has no Class I areas within its borders. In the initial
SIP, the following Class I areas are identified as sites that may be
affected by emissions from within Illinois: Sipsey Wilderness Area
(Alabama), Caney Creek Wilderness Area and Upper Buffalo Wilderness
Area (Arkansas), Great Gulf Wilderness Area (New Hampshire), Boundary
Waters Canoe Wilderness Area (Minnesota), Brigantine Wilderness Area
(New Jersey), Great Smoky Mountains National Park (North Carolina, and
Tennessee), Mammoth Cave National Park (Kentucky), Acadia National Park
and Moosehorn Wilderness Area (Maine), Isle Royale National Park and
Seney Wilderness Area (Michigan), Hercules-Glades Wilderness Area and
Mingo Wilderness Area (Missouri), Lye Brook Wilderness (Vermont), James
River Face Wilderness and Shenandoah National Park (Virginia), and
Dolly Sods/Otter Creek Wilderness (West Virginia).
In developing the Long Term Strategy (LTS), the original Illinois
regional haze SIP determined that ``on-the-books'' controls, together
with best available retrofit technology (BART) controls, would
constitute the measures necessary to address Illinois' contribution to
visibility impairment in the Class I areas at which emissions from
Illinois contribute. This was supported by modeling assessments from
the Midwest Regional Planning Organization (MRPO) and in consultation
with other states and Regional Planning Organizations.
A. Regional Haze Progress Report SIP Elements
The following sections discuss the information provided by Illinois
in the progress report. Each section describes Illinois' applicable
progress report submission along with EPA's analysis and proposed
determination as to whether the submission met the
[[Page 48432]]
applicable requirements of 40 CFR 51.308.
1. Status of Implementation of All Measures Included in the Regional
Haze SIP
Illinois provided the status of implementation of all control
measures as required by 40 CFR 51.308(g)(1). Illinois identified
control measures regulated explicitly for the purposes of the regional
haze program, as well as additional control measures that were expected
to take effect within the first planning period. The regional haze
controls implemented by Illinois include both BART and a LTS.
In its original regional haze SIP, Illinois relied primarily on
three control strategies for meeting its regional haze requirements to
ensure reasonable progress: \2\ (1) Federal consent decrees for two
petroleum refineries; (2) source-specific limits for three power plants
that were included in Federally enforceable permits; and, (3) emission
reductions from the vast majority of state's electric generating unit
(EGU) fleet resulting from the Multi-Pollutant Standard (MPS) and the
Combined Pollutant Standard (CPS) regulatory requirements found in
Title 35 of the Illinois Administrative Code (35 IAC), Mercury Rule,
Part 225, Subpart B--Control of Mercury Emissions from Coal-Fired
Electric Generating Units (Part 225). These elements of Illinois' SIP
satisfied the requirements for BART in 40 CFR 51.308(e). All three
control strategies have been implemented or are being implemented on
the schedules approved in the SIP.
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\2\ Illinois did not rely upon the Clean Air Interstate Rule
(CAIR) or the Cross-State Air Pollution Rule (CSAPR) for its
regional haze SIP, and thus, has avoided the issues that presented
themselves in other states due to their reliance on CAIR and CSAPR.
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In addition to these control measures being implemented, in Section
1.2 of the report Illinois identified a list of ``on-the-books''
control measures used in the MRPO's modeling for Illinois' SIP that the
state expected to implement between 2002 and 2018. These ``on-the-
books'' control measures are being implemented as planned or in a
manner at least as stringent as anticipated at the time of the original
haze plan submittal. More detailed information regarding the
implementation dates of the various control measures can be found in
Appendix A of the report.
Illinois did not rely on additional emissions controls from other
states in its regional haze strategy. In Section 1.3 of the report,
Illinois noted the following additional control measures not considered
in Illinois' regional haze SIP which are expected to contribute to
further reduction of sulfur dioxide (SO2) emissions before
2018: Compliance with the 2010 SO2 National Ambient Air
Quality Standard, and the Federal Tier 3 Vehicle Emissions and Fuel
Standard Program (2014).
The report noted that in 2015 Illinois adopted regulations that set
statewide fuel sulfur standards for stationary sources at 1000 parts
per million (ppm) for residual oil and 15 ppm for distillate fuel oil.
These regulatory requirements were to be implemented by January 1,
2017.
EPA concludes that Illinois has adequately addressed the status of
control measures in its regional haze SIP as required by 40 CFR
51.308(g)(1).
2. Summary of Emissions Reductions Achieved in the State Through
Implementation of Measures
In its progress report, Illinois provided a summary of emission
reductions achieved through implementation of control strategies
described in the above paragraph as required by 40 CFR 51.308(g)(1).
Illinois' reliance upon the MPS and CPS from 35 IAC 225, the
source-specific limits incorporated into Federally enforceable permits
for three power plants, and requirements contained in Federal consent
decrees for two petroleum refineries have resulted in significant
emission reductions of nitrogen oxides (NOX) and
SO2. In Section 2.0 of the progress report, Illinois
provided emissions data from the base year 2002 for the regional haze
rule, projections of emissions for 2015 and 2018, and actual emissions
data from EPA's Air Markets Program Data. These data indicate that
greater reductions of NOX and SO2 emissions have
occurred in 2015 at regulated sources than were anticipated for the
entire first implementation period ending in 2018.
The additional emission reductions reported in Section 2.0 were
based on other factors such as the shutting down or conversion of coal-
fired EGUs to combustion of other fuels, and control measures related
to Federal requirements such as, Maximum Achievable Control Technology
and the Mercury and Air Toxics Standards. The report shows that
emission reduction of visibility-impairing pollutants in Illinois have
been greater than anticipated at the time of its regional haze plan
submittal.
EPA finds the summary of emission reductions achieved from control
strategy implementation adequately addresses the applicable provisions
of 40 CFR 51.308(g)(2).
3. Assessment of Visibility Conditions and Changes for Each Mandatory
Class I Federal Area in the State
Illinois does not have any Class I areas within its boundaries, and
as the applicable provisions pertain only to states containing Class I
areas, no further discussion is necessary. EPA concludes that Illinois
has adequately addressed the applicable provisions of 40 CFR 51.308(g).
4. Analysis Tracking Emissions Changes of Visibility-Impairing
Pollutants
In its progress report, Illinois provided an analysis tracking the
emissions progress over the past five years, as required by 40 CFR
51.308(g)(4). Illinois based its report on the most recent updated
emissions inventory to account for emission changes during the
applicable five-year period. The analysis includes emissions of
SO2, NOX, ammonia (NH3), volatile
organic compound (VOC), and direct emissions of fine particulate matter
(PM2.5) for the years 2010 to 2014 (the most recent year for
which Illinois has a full quality-assured inventory). In order to
provide a five-year analysis with data from years with full quality-
assured inventories, Illinois EPA has interpolated 2010 inventory data
from its 2008 and 2011 inventories.
Table 1 below contains Illinois inventory data aggregated by source
type for each visibility-impairing pollutant. This data shows
significant reductions in Illinois emissions of SO2 (40%
reduction) and NOX (15% reduction) while showing slight
increases or decreases in emissions of PM2.5 (0.15%
increase), VOC (0.5% increase), and NH3 (4% reduction).
Table 1--Illinois Emissions by Source Type
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SO2 (tpy) NOX (tpy) PM2.5 (tpy) VOC (tpy) NH3 (tpy)
Source type -------------------------------------------------------------------------------------------------------------
2010 2014 2010 2014 2010 2014 2010 2014 2010 2014
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Point Source.............................. 311,447 182,200 151,017 99,753 10,929 14,261 45,598 42,345 1,622 1,901
[[Page 48433]]
Area Source............................... 5,733 5,688 45,150 58,012 119,001 118,411 166,221 172,831 69,916 68,177
On-Road Mobile............................ 1,037 1,040 187,348 174,774 5,290 5,286 70,721 73,769 6,048 3,868
Off-Road Mobile........................... 1,994 2,576 144,695 116,965 9,596 7,074 77,368 72,795 96 109
Animal Husbandry.......................... 0 ......... 0 ......... 0 ......... 0 ......... 45,826 44,442
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Total................................. 320,232 191,504 528,211 449,504 144,816 145,032 359,909 361,740 123,507 118,496
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An additional table in the report shows the significant reductions
in SO2 and NOX emissions were driven primarily by
reductions from the EGU sector. Illinois anticipates that this trend
will continue in 2015 and beyond, due to further increases in the
stringency of the state regulations and additional coal-fired EGUs in
Illinois being retired or converted to natural gas combustion.
Emissions of VOC and PM2.5 appear to have increased
slightly over the five-year period. However, Illinois EPA analysis
indicates that this apparent increase is due mainly to changes in
inventory methodologies. While VOC emissions in Illinois decreased for
many subcategories in the inventory summary, these reductions are
overwhelmed by the significant increase in the ``Petroleum and Related
Industries'' subcategory. With respect to calculating the proportion of
PM2.5 in source emissions, Illinois determined that the
apparent increase in PM2.5 emissions is from the EGU sector,
while overall PM emissions, fuel usage, and emissions of other
pollutants for the EGU sector showed significant reductions.
Overall emissions of visibility-impairing pollutants in Illinois
have declined over the five-year period between 2010 and 2014. Again,
the regional haze SIP for Illinois control strategies focused primarily
on reductions of SO2 and NOX.
EPA finds that the analysis tracking the emissions progress over
the past five years adequately addresses the applicable provisions of
40 CFR 51.308(g).
5. Assessment of Changes Impeding Visibility Progress
The Regional Haze Rule at 40 CFR 51.308(g)(5) requires an
assessment of any significant changes in emissions over the past five
years that have impeded progress in improving visibility.
In the progress report, Illinois has not identified any significant
changes in anthropogenic emissions within Illinois that have occurred
over the last five years that would limit or impede progress in
improving visibility. Illinois reports that there have been no
significant unexpected increases in emissions in the past five years.
Likewise, Illinois reports that there have been no projected decreases
in pollutant emissions from the regional haze SIP that have not been
realized. Data detailed in Sections 2.0 and 4.0 of Illinois' progress
report show Illinois achieving emission reductions of SO2
and NOX beyond the projected emission reductions in the
original regional haze SIP.
Because Illinois does not contain any Federal Class I areas,
Illinois is not required to assess whether emission increases outside
the state are causing a Class I area within the state to be adversely
affected. Thus, EPA concludes that Illinois has adequately addressed
the applicable provisions of 40 CFR 50.308.
6. Assessment of Current Strategy
In its progress report, Illinois submits that the elements and
strategies outlined in its original regional haze SIP are sufficient to
enable Illinois and states where Illinois contributes to visibility
impairments to meet all established RPGs. To support this conclusion,
Illinois has implemented, or will implement by 2018, all controls from
its regional haze plan. In the progress report, Illinois states that
good progress has been made in reducing in visibility-impairing
pollutants in the last five years. The state noted that it is on track
to meet its 2018 goals for emission reductions before the end of 2018
for key pollutants, SO2 and NOX. Section 2.0 of
the progress report, provides actual emissions data showing significant
emissions reductions in visibility impairing pollutants in 2015 that
have already exceeded the projected emission reductions in the Illinois
by 2018.
EPA agrees that Illinois' assessment of strategies outlined in its
regional haze SIP has adequately addressed the applicable provisions of
40 CFR 50.308.
7. Review of the State's Visibility Monitoring Strategy
Illinois's progress report indicates that there are no Class I
areas within its borders. EPA concludes that because Illinois does not
have any Class I areas within its borders and therefore is not required
to address the applicable provisions related to review of the state's
visibility monitoring strategy, the state has adequately addressed the
applicable provisions of 40 CFR 51.308.
B. Determination of Adequacy of the Existing Regional Haze Plan
The rule at 40 CFR 51.308(h) requires a determination of adequacy
for the regional haze plan to be submitted at the same time as the
progress report. The rule requires the state to select from four
options based on the information given in the progress report. Illinois
submitted a negative declaration that further substantive revisions to
its regional haze plan are not needed at this time. Illinois determined
that its regional haze plan is adequate to meet the regional haze rule
requirements and expects Class I areas affected by Illinois to achieve
the reasonable progress goals. The nearest Class I area outside the
state of Illinois is either in southwestern Missouri or northern
Michigan. See 77 FR 3966, 3967 (January 12, 2012). Illinois reports
that it is on track to meet the visibility improvement and emission
reduction goals. EPA agrees that the current Illinois regional haze
plan is adequate to achieve these goals.
C. Public Participation and Federal Land Manager (FLM) Consultation
On June 23, 2016, Illinois provided an opportunity for FLMs to
review the revision to Illinois' SIP reporting on progress made during
the first implementation period toward RPGs for Class I areas outside
the state that are affected by emissions from Illinois' sources. This
was 60 days in advance of the public hearing.
Illinois' progress report includes the FLMs comments received and
responses to those comments in Appendix A in the progress report.
[[Page 48434]]
Illinois also published notification for a public hearing and
solicitation for comments in the Illinois Register on October 7, 2016,
with the public comment period commencing on that day and ending on
November 6, 2016. Illinois received no request for a public hearing.
Illinois received one public comment during the public comment period.
The state provided a response to the comment, regarding the Illinois
regional haze report.
EPA finds that Illinois has addressed the applicable requirements
in Sec. 51.308(i) regarding FLM consultation.
III. What action is EPA taking?
EPA is approving the regional haze progress report submitted on
February 1, 2017, as a revision to the Illinois SIP. Illinois has
satisfied the progress report requirements of 40 CFR 51.308(g). EPA
also finds that Illinois has met the 40 CFR 51.308(h) requirements for
a determination of the adequacy of its regional haze plan with its
negative declaration also submitted on February 1, 2017.
We are 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
written comments are filed. This rule will be effective December 18,
2017 without further notice unless we receive relevant adverse written
comments by November 17, 2017. 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. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
December 18, 2017.
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 CAA 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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).
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 circuit by December 18, 2017. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: September 28, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is 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.
0
2. In Sec. 52.720, the table in paragraph (e) is amended by adding an
entry for ``Regional Haze Progress Report''
[[Page 48435]]
immediately following the entry for ``Regional haze plan'' to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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Applicable geographic State
Name of SIP provision or nonattainment area submittal date EPA approval date Comments
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* * * * * * *
Regional Haze Progress Report. Statewide............. 02/01/17 10/18/17, [Insert .....................
Federal Register
citation].
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[FR Doc. 2017-22502 Filed 10-17-17; 8:45 am]
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