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9456 Federal Register / Vol. 73, No.

35 / Thursday, February 21, 2008 / Rules and Regulations

the human environment. Therefore, updated to identify USAFA’s revised implications, as set forth in Executive
neither an environmental assessment mission statement, new selection Order 13132. This rule does not have
nor an environmental impact statement criteria and updates of associated Air substantial direct effects on:
is required. Force Instructions. (1) The States;
This rule does not meet the definition DATES: Effective Date: This rule is (2) The relationship between the
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because effective March 24, 2008. National Government and the States; or
it is a rule of ‘‘particular applicability.’’ FOR FURTHER INFORMATION CONTACT: Mr. (3) The distribution of power and
Therefore, it is not subject to the Scotty Ashley at (703) 695–3594, responsibilities among the various
congressional review requirements in 5 levels of government.
U.S.C. 801–808.
SUPPLEMENTARY INFORMATION: The List of Subjects in 32 CFR Part 903
List of Subjects in 21 CFR Part 520 proposed rule was published in the Military academy; Military personnel.
Animal drugs. Federal Register on July 12, 2007 (72 FR
10436–10438). No comments were ■ Therefore, for the reasons set forth in
■ Therefore, under the Federal Food, the preamble, 32 CFR part 903 is revised
Drug, and Cosmetic Act and under to read as follows:
authority delegated to the Commissioner Executive Order 12866, ‘‘Regulatory
of Food and Drugs and redelegated to Planning and Review’’ PART 903—AIR FORCE ACADEMY
the Center for Veterinary Medicine, 21 It has been determined that 32 CFR PREPARATORY SCHOOL
CFR part 520 is amended as follows: part 903 is not a significant regulatory Sec.
action. This rule does not: 903.1 Mission and responsibilities.
PART 520—ORAL DOSAGE FORM (1) Have an annual effect on the
NEW ANIMAL DRUGS 903.2 Eligibility requirements.
economy of $100 million or more or 903.3 Selection criteria.
adversely affect in a material way the 903.4 Application process and procedures.
■ 1. The authority citation for 21 CFR
economy, a sector of the economy, 903.5 Reserve enlistment procedures.
part 520 continues to read as follows:
productivity, competition, jobs, the 903.6 Reassignment of Air Force members
Authority: 21 U.S.C. 360b. environment, public health or safety, or to become cadet candidates at the
■ 2. In § 520.1195, revise paragraphs state, local, or tribal governments or preparatory school.
(b)(1) and (b)(2) to read as follows: communities; 903.7 Reassignment of cadet candidates
who graduate from the Preparatory
(2) Create a serious inconsistency or
§ 520.1195 Ivermectin liquid. School with an appointment to U.S. Air
otherwise interfere with an action taken Force Academy (USAFA).
* * * * * or planned by another agency; 903.8 Cadet candidate disenrollment.
(b) * * * (3) Materially alter the budgetary 903.9 Cadet records and reassignment
(1) Nos. 050604, 054925, and 059130 impact of entitlements, grants, user fees, forms.
for use of product described in or loan programs, or the rights and 903.10 Information collections, records, and
paragraph (a)(1) of this section as in obligations of the recipients thereof; or forms or information management tools.
paragraphs (e)(1)(i), (e)(1)(ii)(A), and (4) Raise novel legal or policy issues Authority: 5 U.S.C. 301, 10 U.S.C. 8013,
(e)(1)(iii) of this section. arising out of legal mandates, the and 10 U.S.C. 9331 unless otherwise noted).
(2) Nos. 058005 and 058829 for use of President’s priorities, or the principles
Note: This part is derived from AFI 36–
product described in paragraph (a)(1) of set forth in this Executive Order.
2021, September 12, 2006. Part 806 of this
this section as in paragraphs (e)(1)(i), chapter states the basic policies and
Unfunded Mandates Reform Act (Sec.
(e)(1)(ii)(B), and (e)(1)(iii) of this section. instructions governing the disclosure of
202, Pub. L. 104–4)
* * * * * records and tells members of the public what
It has been certified the 32 CFR part they must do to inspect or obtain copies of
Dated: February 11, 2008. 903 does not contain a Federal Mandate the material referenced herein.
Bernadette Dunham, that may result in the expenditure by
Director, Center for Veterinary Medicine. State, local and tribal governments, in § 903.1 Mission and responsibilities.
[FR Doc. E8–3266 Filed 2–20–08; 8:45 am] aggregate, or by the private sector, of (a) Mission. To motivate, prepare, and
BILLING CODE 4160–01–S $100 million or more in any one year. evaluate selected candidates in an
Public Law 96–354, ‘‘Regulatory educational, military, moral, and
Flexibility Act’’ (5 U.S.C. 601) physical environment, to perform
DEPARTMENT OF DEFENSE successfully and enhance diversity at
It has been determined that this rule
is not subject to the Regulatory USAFA.
Department of the Air Force (b) Responsibilities:
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a (1) Superintendent, USAFA (HQ
32 CFR Part 903 USAFA/CC). Ensures adequate oversight
significant economic impact on a
[Docket No. USAF–2007–0001] substantial number of small entities. of HQ USAFA/PL activities,
administration, and resources. Means of
RIN 0701–AA72 Public Law 95–511, ‘‘Paperwork oversight include but are not limited to:
Reduction Act’’ (44 U.S.C. Chapter 35) (i) United States Air Force Academy
Air Force Academy Preparatory School
It has been certified that 32 CFR part Instruction (USAFAI) 36–3502, USAFA
AGENCY: DoD, USAF. 903 does not impose any reporting or Assessment Board.
ACTION: Final rule. recordkeeping requirements under the (ii) The Preparatory School Advisory
Paperwork Reduction Act of 1995 (44 Committee, as established in USAFAI
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SUMMARY: This final rule tells how to U.S.C. Chapter 35). 36–2013, Superintendent’s Preparatory
apply for the Air Force Academy School Advisory Committee of the
Preparatory School. It also explains the Federalism (Executive Order 13132) USAF Academy Preparatory School.
procedures for selection, disenrollment, It has been certified that 32 CFR part (iii) Annual Assessment, as
and assignment. This rule has been 903 does not have federalism established in Department of Defense

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Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Rules and Regulations 9457

(DoD) Directive 1322.22, Service (i) Notifies cadet candidates of their requirements. Include in the
Academies. acceptance into HQ USAFA/PL. endorsement a comprehensive
(iv) Audits, Eagle Looks, and Unit Includes an accept-or-decline form with statement of the applicant’s character,
Compliance Inspections. acceptance letter and asks cadet ability, and motivation to become a
(v) Special reviews and investigations candidates to return the form as soon as career officer. Verify statements in
as directed by HQ USAF. possible. applications regarding service
(vi) USAFA Board of Visitors (BoV). (ii) Issues ‘‘Invitation to Travel’’ component, length of service, and date
(2) HQ USAFA/PL Commander: letters to all accepted cadet candidates of birth from official records. Send the
(i) Ensures the education and training (including civilians, reservist and endorsement and letter of application to
programs satisfy the school’s mission. members of other services) inviting HQ USAFA/RRS, 2304 Cadet Drive,
(ii) Informs HQ USAFA/RR of them to travel to the HQ USAFA/PL, USAF Academy CO 80840–5025.
candidates’ names, including essential enlist in the Air Force Reserve (if (iii) Ensure that each applicant
categories, when each class enters.
necessary), and attend the HQ USAFA/ receives a release from active duty to
(iii) Administers the disenrollment
PL. attend the HQ USAFA/PL before
process. Notifies the Headquarters
(iii) Sends a notice to non-selected sending the endorsement. In order to
USAFA Superintendent (HQ USAFA/
service personnel and their servicing facilitate the accession of a National
CC), and HQ USAFA/RR of all
Military Personnel Flight (MPF). Note: Guard (Air or Army) member into
(iv) Responsible, along with ARPC, for The Air Force does not typically notify USAFA or HQ USAFA/PL, a DD Form
administering the oath of enlistment on civilian applicants of their non- 368, Request for Conditional Release, or
the date of inprocessing. The effective selection. AF Form 1288, Application for Ready
(iv) Provides 10 MSS/DPMA with the Reserve Assignment, should be
date of enlistment is the date the
name, grade, social security number, accomplished and forwarded to the
applicant took the oath.
(3) Air Reserve Personnel Center mailing address, and unit of assignment losing Military Personnel Flight (MPF)
(ARPC): for reassignment of all applicants on Air service for out-processing. Once the
(i) Receives DD Form 1966, Record of Force active duty who are accepted into member has enlisted the 10 MSS/DPM
Military Processing–Armed Forces of HQ USAFA/PL. will contact the losing MPF. A copy of
the United States, from select (v) Sends DODMERB a data file listing the DD Form 4 and orders will be
candidates upon inprocessing. all applicants that need a medical provided to the losing ANG MPF by fax.
(ii) Reviews the DD Form 1966 for examination. DODMERB uses the data In turn, the losing MPF will project the
completion/acceptance. file to schedule necessary exams. member’s record in MilPDS based on
(iii) Completes the DD Form 4, (6) Unit commanders of all Regular the gaining PAS provided by the 10
Enlistment/Reenlistment Document and Reserve Component Air Force MSS/DPM.
Armed Forces of the United States, if personnel applying to the HQ USAFA/ (iv) Notify HQ USAFA/RR
DD Form 1966 is in order. PL: immediately on determining that an
(iv) Responsible, along with USAFA/ (i) Review each applicant’s completed applicant is no longer recommended for
PL, for administering the oath of AF Form 1786, Application for selection to the HQ USAFA/PL.
enlistment on the date of inprocessing. Appointment to the United States Air
The effective date of enlistment is the Force Academy Under Quota Allotted to § 903.2 Eligibility requirements.
date the applicant took the oath. Enlisted Members of the Regular and (a) For admission to the HQ USAFA/
(v) Publishes reserve orders placing Reserve Components of the Air Force, PL, applicants must be:
applicant on active duty for the purpose and determine if the applicant meets (1) At least 17 and no more than 22
of attending Preparatory school. eligibility requirements. years old by 1 July of the year of
Preparatory school determines the date (ii) Forward an endorsement of all admission.
of call to active duty (usually date applicants who meet eligibility (2) A citizen or permanent resident of
administered the oath). ARPC provides requirements, together with AF Form the United States able to obtain
copies of orders to MPF on the date of 1786, through the MPF to: Headquarters citizenship (or Secretary of Defense
inprocessing. USAFA Admission Selections (HQ waiver allowed by 10 U.S.C. 532(f)) by
(4) 10th Mission Support Squadron USAFA/RRS), 2304 Cadet Drive, USAF projected commissioning date.
Military Personnel (10 MSS/DPM): Academy CO 80840–5025. The (3) Unmarried and have no
(i) Ensures Regular and Reserve Air endorsement must include a dependents.
Force personnel reassigned to the HQ comprehensive statement of the (4) Of high moral character.
USAFA/PL enter with the highest grade applicant’s character, ability, and Applicants must have no record of
they had achieved as of their date of motivation to become a career officer. Uniform Code of Military Justice
enrollment and retain their date of rank Verify statements in applications convictions or civil offenses beyond
or effective date. regarding service component, length of minor violations; no history of drug or
(ii) Maintains records on Cadet service, and date of birth from official alcohol abuse; and no prior behaviors,
Candidates. records. activities, or associations incompatible
(iii) Processes separation orders for (iii) Notify HQ USAFA/RR with USAF standards.
non-prior service members who immediately on determining that an (5) Medically qualified for
complete the HQ USAFA/PL and accept applicant is no longer recommended for appointment to the U.S. Air Force
an appointment to a U.S. Service selection to the HQ USAFA/PL. Academy (USAFA).
Academy. (7) Unit commanders of Regular or (6) A member of the armed services or
(iv) Prepares discharge orders for non- Reserve members of the Army, Navy, or eligible to enlist in the U.S. Air Force
prior service members who are Marine Corps and unit commanders of Reserve.
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disenrolled or do not accept Army or Air National Guard members: (b) Normally, applicants must not
appointment to a U.S. Service Academy. (i) Accept letters of application to the have previously attended college on a
(v) Issues ID cards. HQ USAFA/PL from unit personnel. full-time basis or attended a U.S.
(5) Headquarters USAFA Admissions (ii) Complete an endorsement for all Service Academy or a U.S. Service
(HQ USAFA/RR): applicants who meet the eligibility Academy Preparatory School. The

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9458 Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Rules and Regulations

Headquarters USAFA Registrar’s Office prowess, flying aptitude, uncommon life § 903.6 Reassignment of Air Force
(HQ USAFA/RR) determines an experiences, demonstrated moral or Members to Become Cadet Candidates at
applicant’s status in this regard. physical courage or other performance- the Preparatory School.
(c) Every applicant must be an active based factors. USAFA Preparatory School
candidate in the USAFA admissions Enrollment for members selected from
(c) HQ USAFA/RR also examines
program, normally through one of operational Air Force:
reports and records that indicate an
following: Selected Regular Air Force members
applicant’s aptitude, achievement, or
(1) Nominated by a source specified at technical training schools remain
ability to graduate from the HQ USAFA/
in public law. there in casual status until the earliest
PL in the selection process.
(2) Identified by the USAFA as reporting date for the HQ USAFA/PL.
fulfilling institutional needs. (d) HQ USAFA/RR includes Students must not leave their training
(d) Members of the Air Force Reserve Preparatory School selection guidelines school without coordinating with HQ
or Air National Guard (ANG) must agree in the ‘‘Criteria and Procedures for Air USAFA/RR.
to active duty service if admitted to the Force Academy Appointment, Class of
HQ USAFA/PL. Admitted ANG 20XX’’ (Contract) and submits for § 903.7 Reassignment of Cadet Candidates
Superintendent approval. who Graduate from the Preparatory School
personnel first transfer to the Air Force
with an Appointment to USAFA.
Reserves before leaving their place of (e) For members of the Armed Forces
residence and being called to active USAFA Cadet Enrollment for Cadet
and the National Guard, HQ USAFA/RR Candidates who graduate from the
duty. also considers letters of
(e) Regular and reserve members of Prepatory School with an appointment
recommendation from applicants’ unit to the USAFA:
the Armed Forces and the National commanders.
Guard must have completed basic (a) The Air Force releases cadet
training. § 903.4 Application process and candidates entering the USAFA from
(f) Regular members of the Armed procedures. active duty and reassigns them to active
Forces must have at least 1 year duty as Air Force Academy cadets,
(a) Regular and Reserve members of effective on their date of entry into the
retainability when they enter the HQ
the Air Force must send their USAFA in accordance with one of these
applications to: HQ USAFA/RR, 2304 authorities:
§ 903.3 Selection criteria. Cadet Dr, Suite 200, USAF Academy CO (1) The Department of Air Force letter
(a) Cadet candidates for the HQ 80840–5025, no later than 31 January for entitled Members of the Armed Forces
USAFA/PL are selected on the basis of admission the following summer. Those Appointed to a Service Academy, 8 July
demonstrated character, test scores, otherwise nominated to the Air Force 1957.
medical examination, prior academic Academy must complete all steps of (2) Title 10, United States Code,
record, recommendation of the admissions by 15 April. Sections 516 and 523. Air Force
organization commander (if prior (b) Regular and Reserve members of Instruction (AFI) 36–3208,
service), and other similar reports or the Air Force must complete AF Form Administrative Separation of Airmen.
records. USAFA is authorized to make 1786 and submit it to their unit (b) The Air Force discharges active
selections IAW SECAF guidance commander. Reserve cadet candidates who enlisted
including but not limited to selection for the purpose of attending the HQ
(c) Regular and Reserve members of USAFA/PL in accordance with AFI 36–
from among enlisted personnel and
the Army, Navy, or Marine Corps, as 3208 and reassigns them to active duty
recruited athletes. Each applicant must:
(1) Achieve satisfactory scores on the well as members of the National Guard, as Air Force Academy cadets, effective
Scholastic Aptitude Test (SAT) or the must submit a letter of application on their date of entry into the USAFA.
American College Testing Program through their unit commander.
(ACT). (d) Civil Air Patrol (CAP) cadets send § 903.8 Cadet candidate disenrollment.
(2) Take and pass a medical their applications to HQ USAFA/RR and (a) In accordance with AFI 36–3208,
evaluation administered through the must apply to CAP National the Commander, HQ USAFA/PL, may
Department of Defense Medical Headquarters by 31 January for disenroll a student who:
Evaluation Review Board (DODMERB). nomination. (1) Fails to meet and maintain HQ
(3) Have an acceptable academic USAFA/PL educational, military,
(e) HQ USAFA/RR automatically
record as determined by HQ USAFA/ character, or physical fitness standards.
considers civilian candidates for
RR. Each applicant must furnish a (2) Fails to demonstrate adaptability
admission who have a nomination to
certified transcript from each high and suitability for participation in
the USAFA, but were not selected.
school or civilian preparatory school USAFA educational, military, character,
attended. Applicants should send § 903.5 Reserve enlistment procedures. or physical training programs.
transcripts to HQ USAFA/RR, 2304 (3) Displays unsatisfactory conduct.
Cadet Drive, Suite 200, USAF Academy (a) Civilians admitted to the HQ (4) Fails to meet statutory
CO 80840–5025. USAFA/PL take the oath of enlistment requirements for admission to the
(4) Take the Candidate Fitness on the date of their initial in-processing USAFA, for example:
Assessment. at the HQ USAFA/PL. Their effective (i) Marriage or acquiring legal
(b) HQ USAFA/RR oversees the date of enlistment is the date they take dependents.
holistic review of each viable this oath. (ii) Medical disqualification.
candidate’s record by a panel. This (b) Civilians who enlist for the (iii) Refusal to serve as a
holistic review may include purpose of attending the HQ USAFA/PL commissioned officer in the U.S. Armed
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consideration of factors that would will be awarded the rank of E–1. These Forces.
enhance diversity at USAFA, such as cadet candidates are entitled to the (5) Requests disenrollment.
unique academic abilities, language monthly student pay at the same rate as (b) The HQ USAFA/PL commander
skills, demonstrated leadership skills, USAFA cadets according to United may also disenroll a student when it is
foreign cultural knowledge, athletic States Code Title 37, Section 203. determined that the student’s retention

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Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Rules and Regulations 9459

is not in the best interest of the (1) Adopted Forms or IMTs: AF IMT reducing emissions of particulate
Government. 847, Recommendation for Change of matter, air toxics, and other pollutants,
(c) The military personnel flight (10 Publication. AF Form 1288, Application especially from the burning of lead-
MSS/DPM) processes Regular Air Force for Ready Reserve Assignment, AF Form painted wood, plastics, metals, and
members for reassignment if: 1786, Application for Appointment to other non-wood materials. This action is
(1) They are disenrolled from the HQ the USAF Academy Under Quota being taken in accordance with the
USAFA/PL. Allotted to Enlisted Members of the Clean Air Act.
(2) They fail to obtain or accept an Regular and Reserve Components of the DATES: This direct final rule will be
appointment to a U.S. Service Academy. Air Force, DD Form 4, Enlistment/ effective April 21, 2008, unless EPA
(d) The Air Force reassigns Air Force Reenlistment Document-Armed Forces receives adverse comments by March
Reserve cadet candidates who are of the United States, DD Form 368, 24, 2008. If adverse comments are
disenrolled from the HQ USAFA/PL or Request for Conditional Release, and DD received, EPA will publish a timely
who fail to obtain or accept an Form 1966, Record of Military withdrawal of the direct final rule in the
appointment to an U.S. Service Processing-Armed Forces of the United Federal Register informing the public
Academy in either of two ways under States. that the rule will not take effect.
AFI 36–3208: (2) Prescribed Forms or IMTs: No ADDRESSES: Submit your comments,
(1) Discharges them from the United forms or IMTs are prescribed by this identified by Docket ID Number EPA–
States Air Force without any further publication. R01–OAR–2005–ME–0008 by one of the
military obligation if they were called to following methods:
Bao-Anh Trinh,
active duty solely to attend the HQ 1. Follow the
USAFA/PL. Air Force Federal Register Liaison Officer.
[FR Doc. E8–2948 Filed 2–20–08; 8:45 am] on-line instructions for submitting
(2) Releases them from active duty comments.
and reassigns them to the Air Force BILLING CODE 5001–05–P
2. E-mail:
Reserve Personnel Center if they were 3. Fax: (617) 918–0047.
released from Reserve units to attend 4. Mail: ‘‘Docket Identification
(e) The National Guard (Army or Air AGENCY 0008,’’ Anne Arnold, U.S.
Force) releases cadet candidates from Environmental Protection Agency, EPA
active duty and reassigns them to their 40 CFR Part 52
New England Regional Office, One
State Adjutant General. [EPA–R01–OAR–2005–ME–0008; A–1–FRL– Congress Street, Suite 1100 (mail code
(f) The Air Force reassigns Regular 8526–5] CAQ), Boston, MA 02114–2023.
and Reserve personnel from other 5. Hand Delivery or Courier. Deliver
Services back to their unit of origin to Approval and Promulgation of Air your comments to: Anne Arnold,
complete any prior service obligation if: Quality Implementation Plans; Maine; Manager, Air Quality Planning Unit,
(1) They are disenrolled from the HQ Open Burning Rule Office of Ecosystem Protection, U.S.
USAFA/PL. Environmental Protection Agency, EPA
AGENCY: Environmental Protection
(2) They fail to obtain or accept an New England Regional Office, One
Agency (EPA).
appointment to the USAFA. Congress Street, 11th floor, (CAQ),
ACTION: Direct final rule.
§ 903.9 Cadet records and reassignment Boston, MA 02114–2023. Such
forms. SUMMARY: EPA is approving a State deliveries are only accepted during the
(a) Headquarters USAFA Cadet Implementation Plan (SIP) revision Regional Office’s normal hours of
Personnel (HQ USAFA/DPY) maintains submitted by the State of Maine. This operation. The Regional Office’s official
records of cadet candidates who enter revision limits open burning of hours of business are Monday through
the USAFA until they are commissioned construction and demolition debris to Friday, 8:30 to 4:30, excluding legal
or disenrolled. on-site burning for the disposal of wood holidays.
(b) 10 MSS/DPM will send records of wastes and painted and unpainted Instructions: Direct your comments to
Regular Air Force personnel who enter wood, and adds restrictions to open Docket ID No. EPA–R01–OAR–2005–
one of the other Service Academies to burning conducted for training, ME–0008. EPA’s policy is that all
HQ Air Force Personnel Center (HQ research, and recreational purposes. The comments received will be included in
AFPC) for processing. revised rule also defines which open- the public docket without change and
burning recreational activities do not may be made available online at
§ 903.10 Information Collections, Records, require a permit, such as residential use, including any
and Forms or Information Management of outdoor grills and fireplaces, and personal information provided, unless
Tools (IMTS). recreational campfires while the ground the comment includes information
(a) Information Collections. No is covered in snow. The revised rule claimed to be Confidential Business
information collections are created by eliminates provisions that allowed Information (CBI) or other information
this publication. permits to be issued for open burning of whose disclosure is restricted by statute.
(b) Records. Ensure that all records rubbish where no rubbish collection is Do not submit through
created as a result of processes available or ‘‘reasonably located’’ and, or e-mail,
prescribed in this publication are where ‘‘there is no other suitable information that you consider to be CBI
maintained in accordance with AFMAN method for disposal.’’ In addition, the or otherwise protected. The
37–123, Management of Records, and revised rule includes a note referencing Web site is an
disposed of in accordance with the Air reasonable precautions required by ‘‘anonymous access’’ system, which
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Force Records Disposition Schedule Maine statute to prevent the means EPA will not know your identity
(RDS) located at https:// introduction of lead into the or contact information unless you environment from lead-based paint. provide it in the body of your comment.
(c) Forms or IMTs (Adopted and This action will have a beneficial If you send an e-mail comment directly
Prescribed). effect on air quality in Maine by to EPA without going through

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