www. e pa.gov/o u st
FY 2010 Annual Report On The
Underground Storage Tank Program
For more than 25 years, EPA, states, territories, tribes, and other partners have made
significant progress in preventing, detecting, and cleaning up leaks from underground
storage tanks (USTs).
This report provides a snapshot of LIST program activities in fiscal year (FY) 2010
(October 1, 2009 - September 30, 2010). The report presents advances made in
preventing releases, conducting cleanups, and implementing the leaking LIST (LUST)
provision of the American Reinvestment and Recovery Act. These advances ultimately
result in preventing environmental contamination, protecting groundwater, and further
protecting human health and the environment from LIST releases. The LIST program is
comprised of a meaningful partnership among states, territories, tribes, and EPA.
Contents
Preventing Releases 2-3
Cleaning Up Releases 4-5
LUST Recovery Act 6
Looking Ahead 7
Letter To Stakeholders 8
FY 2010 UST Program Highlights
At the end of FY 2010, there were approximately 597,000 federally-regulated,
active USTs at approximately 215,000 sites across the country. EPA
provides money directly to tribes and states to develop and implement their
prevention and cleanup programs. Collectively, the UST program has
accomplished a great deal.
Prevention
• More than two-thirds of active USTs are complying with requirements to
prevent and detect leaks (exceeding EPA's goal of 65.5 percent
compliance)
• The compliance rate in Indian country was 67 percent, a significant
improvement over FY 2009
• UST partners increased inspection efforts and almost all states met the
first three-year inspection mandate of August 2010, which was required
by the Energy Policy Act of 2005
• The number of new UST releases identified each year continues to
decline, with just over 6,300 new leaks reported in FY 2010 (meeting
EPA's goal to reduce annual releases to fewer than 9,000); this 11
percent drop in new releases reported is a dramatic decrease from FY
2009
• EPA continued regulation development to incorporate Energy Policy Act
of 2005 requirements and update existing regulations
Cleanup
• EPA further implemented the LUST Recovery Act, providing support to
states, territories, and tribes
• Of the 495,000 releases reported since the beginning of the program,
UST partners completed more than 401,000 cleanups or about 80
percent, leaving a backlog of just over 93,000 releases remaining to be
cleaned up
• UST partners cleaned up 11,591 sites, meeting approximately 95 percent
of EPA's FY 2010 goal to clean up 12,250 LUST sites
• EPA continued to promote cleaning up and reusing petroleum brownfields
• EPA continued studying and characterizing the LUST cleanup backlog to
improve the pace of cleanups
Old gas stations may indicate underground
storage tanks are nearby
FY 2010 GPRA* National UST Program
Goals And Accomplishments
Significant Operational
Compliance Rate
New Reported Releases
Cleanups-Total
Cleanups-Indian Country
65.5% 68.6%
0,000 6,328
12,250 11,591
30 62
*Government Performance Results Act of 1993
I U.S. Environmental Protection Agency
I Office of Underground Storage Tanks
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Advances In Preventing Releases
Since the beginning of the LIST program, preventing petroleum releases into the environment has been one of our primary goals.
EPA and our partners made major progress in reducing the number of new releases, yet thousands of new releases are discovered
each year. The lack of proper operation and maintenance of LIST systems is a main cause of these new releases. EPA is working
with states, territories, tribes, and other partners to advance prevention efforts and quickly detect leaks when they occur.
Our efforts have been enhanced by the release prevention requirements mandated in the Energy Policy Act of 2005. To address
these mandates, EPA produced several grant guidelines to help states carry out the requirements. Most states already have
regulations in place that meet the requirements; other states are working to implement the provisions in upcoming years. EPA
continues to work with states and tribes to prevent LIST releases and meet the mandates initiated with the Energy Policy Act.
UST Universe - End Of FY 2010
States
Indian Country
Active Tanks:
Closed Tanks:
Active Tanks:
Closed Tanks:
594,665
1,742,499
2,668
5,705
Reducing Confirmed Releases
In FY 2010, EPA, states, territories, and tribes focused on bringing
UST systems into compliance and keeping them in compliance
with leak detection and release prevention requirements. One
way the program assesses the relative success of these
prevention efforts is to measure the number of confirmed releases
each year.
EPA achieved its FY 2010 goal to reduce confirmed tank releases
to fewer than 9,000. There's been a steady reduction in annual
underground storage tank confirmed releases, from almost 67,000
in FY 1990 to 6,328 in FY2010.
Increasing UST Facility Compliance
One of the key elements in preventing releases is to increase
a facility's operational compliance with UST regulations.
Significant operational compliance (SOC) means that a facility
has the necessary equipment required by current UST
regulations to prevent and detect releases and performs the
necessary UST system operation and maintenance. In FY
2010:
• The national SOC rate was 68.6 percent, which is 3
percent above our target rate, yet still allows room for
continued improvement
• The SOC rate in Indian country was 67 percent, which
is a significant improvement over last year and rivals the
national rate
In FY 2010, EPA provided $32.4 million to states
and territories for UST prevention activities.
EPA also provided $2.1 million for the
UST prevention program in Indian country.
Preventing Releases In Indian Country
Tribes and EPA worked to improve UST compliance in Indian
country during FY 2010 by enhancing inspection efforts, developing
additional compliance-focused assistance agreements with tribes,
and providing training to tribal environmental professionals and
facility owners and operators.
Designating tribal inspectors as authorized representatives of EPA
to inspect USTs can help increase the geographic coverage and
frequency of inspections in Indian country. It also helps enhance
relationships and increase the capabilities of tribal inspectors.
Since EPA's commitment in 2006 to issue federal credentials for
tribal inspectors, a total of six inspectors received credentials;
although currently four hold credentials as a result of changes in
tribal staff responsibilities and turnover. In FY 2010, these
federally-credentialed tribal inspectors contributed significantly to
meeting the inspection requirements of the Energy Policy Act by
completing 63 inspections. EPA anticipates at least two additional
tribal staff will receive federal credentials in FY 2011.
In October 2009, the Miccosukee Tribe of Florida hosted our third
annual tribal-EPA underground storage tank meeting in Miami,
Florida. Meeting participants worked together to identify tribal
issues, build relationships, and continue partnerships and
improvements in the UST program in Indian country.
Addressing Alternative Fuels
In FY 2010, EPA continued developing draft guidance
clarifying how tank owners and operators can demonstrate
compliance with the federal compatibility requirement if they
choose to store increased levels of biofuels. EPA requested
comments on the draft guidance, which was published in the
November 17, 2010 Federal Register (75 FR 70241). After
considering public comments, EPA will issue final guidance in
2011.
EPA is partnering with the Department of Energy's Oak Ridge
National Laboratory to quantify the impact of mid-level
ethanol blends stored in existing tank systems. We are also
working with Oak Ridge on a project supported by the
Department of Energy to evaluate the material compatibility of
USTs and dispenser materials with mid-level ethanol blends.
We expect final reports for both projects in spring 2011.
In addition, we are working with EPA's Office of Research
and Development (ORD) on a number of issues associated
with increased biofuels use. ORD's Environmental
Technology Verification program is conducting a test and
quality assurance plan that evaluates automatic tank gauging
systems in USTs storing ethanol-blended fuels. We are also
working with ORD to understand the accelerated corrosion
seen in UST sumps storing ethanol blends.
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August 2010 - Five Years Of Progress ImplementingThe Energy Policy Act
When Congress passed the Energy Policy Act in August 2005,
EPA, state, territorial, and tribal underground storage tank
programs were presented with a mandate that focused on
reducing LIST releases and required numerous changes to tank
programs. August 2010, the Energy Policy Act's fifth
anniversary, was an important deadline: the first three year on-
site inspection requirement for all active USTs. Almost all states
successfully completed the inspection requirement by the
deadline or soon thereafter. EPA or our tribal partners
conducted inspections at nearly all LIST sites in Indian country.
Over the past five years, EPA, states, territories, and tribes have
shown tremendous dedication and made significant progress
toward meeting all of the Act's requirements and strengthening
LIST release prevention programs.
• All states have grant agreements in place to implement
Energy Policy Act provisions
• Most states met these major requirements - secondary
containment, delivery prohibition, state LIST compliance
report, initial two-year inspections, public record posted, and
three-year inspections
• Together, EPA and tribes are continuing to implement the
2006 tribal strategy and further the goals of the LIST
program in Indian country
Although our collective progress over the past five years is
impressive, state, territorial, and tribal LIST programs are faced
with a great deal of ongoing work to continue implementing the
prevention requirements. The inspection requirement is a good
example of this. States and territories did much to meet the
three-year cycle of inspecting all 215,000 active LIST facilities by
August 2010; yet the three-year inspection cycle is a rolling three
-year requirement continuing into the future. The operator
training requirement is another example. By August 2012, states
need to ensure operators are trained according to the operator
training standards.
EPA and tribes are continuing to implement the tribal strategy's
objectives and work to further the goals of the LIST program in
Indian country. Over the coming years, EPA and tribes will
continue our ongoing work to increase compliance and cleanup
rates in Indian country.
State, territorial, and tribal LIST programs, working with EPA's
regional LIST programs, are undertaking the remaining
prevention implementation challenges. We will work together
and continue making strides to keep our land and groundwater
safe from underground storage tank releases.
Number Of States And Territories Indicating They Have Implemented
An Energy Policy Act UST Requirement
(Of 56 States And Territories)
Augusts, 2010
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(a/s/07)
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Total Number Of States And Territories Implementing A Requirement
' 50 states met the deadline, three more states met the requirement soon after it
Inspecting beneath a dispenser
HelpingTHbes Improve UST Facility
Compliance
In 2009, EPA entered into a five-year assistance agreement with the
Inter Tribal Council of Arizona. Inc. (ITCA) for UST compliance
assistance training to tribal personnel and owners and operators in
Indian country. The goal of this effort is to improve UST facility
compliance throughout Indian country. In FY 2010, ITCA supported
this goal by:
• Training approximately 150 tribal representatives in UST issues,
such as: compliance with prevention regulations, overview of
requirements, installations, and operation and maintenance
• Developing written resources about health and environmental
hazards from USTs, operations and maintenance, and best
management practices
• Fostering communication and opportunities for collaboration
among tribes and EPA on UST issues
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Advances In Cleaning Up Releases
National Cleanup Backlog
For more than 25 years, the UST program has made great progress in cleaning up leaking underground storage tanks. EPA
works with states, territories, and tribes to clean up LUST sites and address the hurdles in reducing the backlog of cleanups.
In FY 2010, EPA and our state, territorial, and tribal partners continued to make progress in cleaning up petroleum releases by
completing 11,591 cleanups, of which 62 cleanups were in Indian country. The cleanup backlog, which is the difference
between the cumulative number of confirmed releases and cleanups completed, also continued to decline from 161,997 sites a
decade ago to 93,123 sites as reported at the end of FY 2010.
Cleanup Backlog Study Update
EPA made significant progress in its analysis of the
backlog of leaking underground storage tank (LUST)
releases. Our analysis is based on data submitted
from 14 states, accounting for 67 percent of the 2006
national backlog. In the study, we look at several
attributes of the releases in the backlog (for example:
age, media affected, prioritization); how the 14 state
cleanup programs function; challenges state
programs faced; and potential opportunities to
reduce the backlog. The goal of the study is to
present a common basis for discussion about the
backlog and then to serve as a basis for joint
development of backlog reduction strategies
between EPA and all our state and tribal partners.
The study contains a national chapter and 14
individual state chapters. In September, EPA
provided a draft of the national chapter to states for
review and comment. We also distributed individual
draft state chapters to each state for review, with
comments due in December 2010. We intend to
release the final report in summer 2011. Concurrent
with completing the report, EPA will begin discussions
with states and tribes on backlog reduction
implementation strategies.
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Solutions For Petroleum Brownfield Sites
The UST program continued to provide support to
EPA's area-wide and community revitalization efforts.
In FY 2010, we made significant progress on targeted
geographic projects (corridors) and on investigating the
reuse of petroleum sites for renewable energy projects.
Addressing Petroleum Sites Along
Corridors
The UST program continued to foster cleaning up and
reusing petroleum-contaminated sites along
transportation corridors. EPA staff provided technical
assistance and participated in workshops, meetings,
and discussions throughout the year in support of
petroleum brownfields corridor projects. For example:
• Region 4 UST and Brownfields programs and
several other federal programs continued to
promote and support remediation and revitalization
efforts along two corridors - Alabama's Selma-to-
Montgomery Civil Rights Trail and the Tamiami Trail
in southern Florida
• Region 3 is providing technical assistance and
working with state and county officials in Virginia to
foster work at petroleum sites along Route 1 in
Prince William County
• Region 9 hosted a kick-off meeting and provided an
area-wide map of petroleum sites along California's
Interstate 710 Corridor in Los Angeles
Reusing Petroleum Brownfields For
Renewable Energy Projects
The UST program continued to explore with the U.S.
Department of Energy's National Renewable Energy Laboratory
(NREL) important characteristics of siting alternative fuel
stations at former gas stations. Converting these stations into
alternative fuel stations may present opportunities that support
our country's use of advanced vehicles, such as plug-in hybrid
electric and all-electric vehicles. NREL plans to release study
results in early 2011.
See EPA's petroleum brownfields website.
Before - old gas station
site; after - new firehouse
in Trenton, New Jersey
EPA Recommends Investigating
And Cleaning Up Lead Scavengers
At LUST Sites
Although Congress banned lead in gasoline in the 1990s, lead levels and
their associated additives still persist in the environment. Two additives,
ethylene dibromide (EDB) and 1,2-dichloroethane (1,2-DCA), are
probable human carcinogens. While there are established maximum
contamination levels for EDB and 1,2-DCA, many state agencies that
implement EPA's UST program do not routinely sample for these
additives at legacy UST sites. A few states, however, demonstrated
leadership by exploring concentrations of these constituents at their sites
and worked with EPA on further technical evaluations. EPA scientists
surveyed concentrations of EDB and 1,2-DCA at leaking UST sites. The
study suggested that hazards from these additives remain at an unknown
number of legacy spills of leaded gasoline. Based on this assessment,
EPA in May 2010 recommended state agencies monitor for EDB and 1,2-
DCA at UST sites where leaded motor fuels were or are presently stored
and take appropriate action at those sites where these contaminants are
found.
Conducting direct push soil sampling
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LUST Recovery Act
American Recovery And Reinvestment Act Provided EPA
With $200 Million To Clean Up Underground Storage Tank Releases
February 2010 marked the first anniversary of the American
Recovery and Reinvestment Act of 2009, which provided
$200 million of LUST Trust Fund money to assess and clean
up releases of contamination from federally-regulated USTs.
This one time infusion of money is helping to increase the
number of assessments and cleanups beyond those
traditionally accomplished through annual appropriations.
LUST Recovery Act money is being used to assess and clean
up eligible tank releases in states, territories, and in Indian
country. In addition to providing environmental and economic
benefits, these activities are also creating and retaining jobs.
Through the end of FY 2010, states and territories spent
approximately $66.9 million of their LUST cooperative
agreement money. Additionally EPA spent approximately
$2.3 million to help clean up tank releases in Indian country.
EPA gave states and territories discretion to spend LUST
Recovery Act money on eligible projects, according to their
needs. For example, some states are investing the money in
assessments, providing states with information on the degree
and extent of contamination at many small sites. Some
states are using the money to close many small sites. Still
other states are focusing efforts on a few difficult sites. EPA
also provided states and territories with flexibility to use LUST
Recovery Act money either directly at the site or indirectly by
paying for state personnel to oversee activities.
States and territories are making significant progress in
assessing and cleaning up LUST releases with LUST
Recovery Act money. The chart below demonstrates the
UST program's accomplishments and performance.
LUST Recovery Act
Performance Measures
Site assessments initiated
Site assessments completed
Cleanups initiated
Cleanups completed
Cumulative Results
2/17/09-9/30/10
780
642
709
592
EPA's interactive map shows LUST
Recovery Act locations, performance
data, and jobs information
LUST ARRA Funding And Spending
(as of September 30,2010)
95.3% To States (Green)
3.2% For Indian Country (Purple)
• State Grants Spent By States 34.4%
State Grants Vet To Be Spent 56.3%
• State Grant Returned By Florida 4.6%
• Tribal Funds Spent 1.2%
I Tribal Funds Unspent 2.0%
F.PA Management And Oversight Spent .8%
EPA Management And Oversight Unspent .7%
As of September 2010, LUST Recovery Act money was spent
at 1,452 sites where one or more of the measures were
achieved. In addition, LUST Recovery Act money contributed
to other assessments and cleanups at an additional 2,222
sites which did not begin as Recovery Act projects and those
that are not yet completed.
In 2010, EPA continued its work to clean up sites in Indian
country using LUST Recovery Act money, which EPA
allocated to existing cleanup contracts with Native Alaskan or
Native American firms. This one time addition of money
substantially increased EPA's ability to assess and clean up
leaking underground storage tank sites in Indian country.
The money is supporting work at approximately 50 sites in
Indian country benefiting over 20 tribal communities.
By this time next year, most LUST Recovery Act grants will
be completed, with just a few that are expected to need
longer timeframes to complete. We have already seen great
accomplishments from this infusion of money to the program
and expect even more accomplishments in FY 2011.
PROJECT FUNDED BY AMEI
RiCOVOTANDSEINVESTMl
LUST Recovery Act money is helping
clean up this site in Washington, D.C.
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Looking Ahead
FY 2010 was a year of advancement and achievement. UST partners achieved good progress toward meeting our goals and
in advancing prevention and cleanup efforts. We also made meaningful strides assessing and cleaning up leaking UST sites
using LUST Recovery Act money.
Challenges remain, though, as there is still much to be done to prevent releases and to clean up contaminated sites. In 2011
and upcoming years, EPA will focus on the traditional goals of the program — preventing and cleaning up releases — by:
Continuing to work with states to meet the mandates and deadlines of the Energy Policy Act of 2005
Implementing the LUST provision of the Recovery Act of 2009, providing support to states, territories, and tribes
Working with tribes to continue implementing the tribal-EPA UST strategy
Continuing the process to update our regulations
Ensuring that each UST facility in the country is inspected once every three years
Addressing technical and regulatory issues involved with alternative fuels
Exploring better ways to identify compliance and cleanup solutions
Developing strategies to help revitalize communities and clean up abandoned gas station sites
Implementing strategies to reduce the cleanup backlog
Bolstering the availability of adequate funding for cleanups
Providing support on technical issues, such as identifying fuel constituents and evaluating exposure pathways
EPA looks forward to increasing collaboration and working with state, territorial, tribal, and other UST partners to achieve
further progress in the tanks program. Our ultimate goal remains the same - protecting human health and the environment
from petroleum releases.
Petroleum Vapor Intrusion
One of the UST program's continuing technical
challenges is how best to address petroleum vapor
intrusion (PVI) at LUST sites. In September 2009, EPA
initiated a workgroup, comprised of state, federal, and
industry members, to assess the state of science
associated with PVI and provide input to assist federal
and state programs as they pursue efficient, protective
cleanups.
EPA is developing PVI guidance, which we expect will
be available to states in November 2012. The objective
of the PVI guidance is to provide site remedial
managers with practical direction and information on
assessing and investigating the vapor intrusion pathway
from petroleum contamination at LUST sites. This
guidance will include an overall decision framework to
consider the iterative information produced through site
assessments, site characteristics, and information
generated through recommended vapor-specific
inquiries.
Developing Regulations
EPA is revising the 1988 federal underground storage tank
regulation to establish federal requirements similar to key
portions of the 2005 Energy Policy Act provisions. These
requirements will apply to USTs in Indian country and in states
that do not have state program approval. We are also
considering revisions to the existing requirements to increase
protection of human health and the environment, as well as
prevent UST releases and detect them quickly, if they occur.
Potential changes include:
Adding secondary containment requirements for new and
replaced USTs and piping
Adding operator training requirements for UST system
owners and operators
Adding periodic operation and maintenance requirements
for UST systems
Removing certain deferrals
Adding new release prevention and detection technologies
Updating codes of practice
Making editorial and technical corrections
Updating state program approval requirements to
incorporate these new changes
In 2010, we worked closely with states, tribes, industry, and
other stakeholders in developing the proposed regulation. In
summer 2011, we intend to publish a proposed regulation in
the Federal Register, followed by a final regulation that will
carry the UST program into the future.
Cleaning up an Indian country site in
Santo Domingo Pueblo, New Mexico
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March 2011
A Letter To UST Stakeholders
From Carolyn Hoskinson, Director
EPA's Office of Underground Storage Tanks
I think the adage by Hal Borland, an American author and journalist, aptly
describes FY 2010 in the UST program - "Year's end is neither an end nor a
beginning but a going on, with all the wisdom that experience can instill in us." In
FY 2010, we gained much experience implementing the LUST Recovery Act; we
learned a great deal from our stakeholders as we continued revising the federal
UST regulations; and we used our wisdom and experience as we continued to
implement Energy Policy Act requirements.
FY 2010 was productive for the UST program. February 2010 marked the one
year anniversary of the American Reinvestment and Recovery Act, which
provided authority and money to assess and clean up underground storage tank
leaks in states, territories, and Indian country. August 2010 marked the fifth
anniversary of the Energy Policy Act and the first three-year on-site inspection
requirement for all active USTs. September 2010 found UST program
stakeholders gathering in Boston for our 22nd annual conference that boasted the
largest attendance ever. All of these milestones, along with our routine work,
showcase the positive relationships of our UST partners and how we work closely
and cooperatively to achieve so much.
I acknowledge that some state and territorial UST programs struggled during
2010. I understand full well that many of you dealt with budget reductions and
staff layoffs. Yet despite these challenges, UST programs persevered with
energy and achieved much. As of September 2010, EPA and our UST partners
closed over 1.7 million tanks; cleaned up more than 401,000 petroleum leaks; and
reduced the number of new releases from a high of almost 67,000 in 1990 to
approximately 6,300 in 2010. Today, tank systems are much less likely to leak
and cause significant environmental problems.
Irrespective of these accomplishments, many challenges still remain for the
national UST program. The remaining 597,000 active, federally-regulated tanks
must be inspected every three years. All tank operators must be trained
according to established standards. The backlog of just over 93,000 releases
needs to be addressed. We must continue to ensure, in an accountable and
transparent manner, that LUST Recovery Act money is used appropriately and
expeditiously to assess and clean up UST releases.
Thank you to all our UST partners for your efforts to protect our environment and
human health from underground storage tank releases. Your work and dedication
made 2010 a momentous year. I look forward to working with you over the next
year.
Community
Engagement And The
UST Program
In December 2009, EPA's Office of Solid
Waste and Emergency Response
(OSWER) launched its Community
Engagement Initiative (CEI). to
encourage stakeholders' meaningful
participation in government decisions
regarding land cleanup, emergency
preparedness and response, and
hazardous substances and wastes
management. In May 2010. OSWER
issued its implementation plan, which
outlined specific actions to achieve the
CEI's goals and objectives. As part of
this plan, EPA's Office of Underground
Storage Tanks (OUST) is working with
state implementing agencies and EPA
regional programs to meet these
commitments:
• Review and analyze a sample of
states' community engagement
policies or processes and EPA's
community engagement processes
in Indian country
• Determine the extent to which those
processes enhance transparency,
produce outcomes that are
responsive to community concerns,
commensurate to the circumstances
of a release, and align with
community needs and long-term
goals
• Create and sustain an ongoing
dialogue with regions, states, and
tribes to promote and support
effective community engagement
processes
You can track OUST'sCEl efforts.
Ufa
To keep the public informed, EPA posts
mid and end of year activity reports
that provide information on
compliance, releases, and cleanups
across the country.
See the FY 2010 end of vear activitv report
EPA-510-R-11 -001, March 2011
U.S. Environmental Protection Agency
Office of Solid Waste and Emergency Response
Office of Underground Storage Tanks
For further information please contact:
U.S. EPA/OUST
1200 Pennsylvania Ave., N.W.
Mail Code: 5401 P
Washington, DC 20460
Phone: 703-603-9900
www.epa.gov/oust
United States
Environmental Protection
Agency
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