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United States · Law · HR

H.R. 2867 (98th)

Hazardous and Solid Waste Amendments of 1984

enactedUnited States· United States Congress· EN

Introduced

3 May 1983

Last action

8 November 1984 · President

Status

Became Public Law No: 98-616.

Sponsors

Rep. Florio, James J. [D-NJ-1], Rep. Lent, Norman F. [R-NY-4], Sen. Mikulski, Barbara A. [D-MD], Rep. Eckart, Dennis E. [D-OH-11], Rep. Tauzin, W. J. (Billy) [D-LA-3], Rep. Richardson, Bill [D-NM-3]

Subjects

Environment

Source updated

14 January 2025

Environment

Summary

Hazardous Waste Control and Enforcement Act of 1983 - Amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to authorize appropriations for FY 1984 through 1986 for: (1) general administration by the Administrator of the Environmental Protection Agency (EPA) to carry out such Act (including funds for Resource Recovery and Conservation Panels, hazardous waste management, and support for State, regional, local, and interstate agency solid waste plans); (2) grants to State hazardous programs; (3) hazardous waste site inventory; (4) development and implementation of plans by State, local, regional, and interstate authorities; (5) implementation of State, local, and intermunicipal programs for solid waste management, resource recovery, resource conservation, and hazardous waste management; (6) special communities assistance; (7) assistance to States for recycled oil programs; and (8) the Secretary of Commerce to carry out resource and recovery duties. Establishes requirements for small quantity generator waste. Prohibits exemption by reason of the small quantity generated of any hazardous waste generated by any generator in a quantity greater than 100 kilograms during any calendar month from hazardous waste management standards, after 24 months after the date of the enactment of this Act. Directs the Administrator, within 18 months of such enactment, to promulgate standards for hazardous waste generated in monthly quantities between 100 to 1,000 kilograms which are applicable to generators, transporters, and owners or operators of treatment, storage, and disposal facilities. Authorizes the Administrator to allow such small quantity generator waste standards to vary from standards for larger quantities. Requires that small quantity generator hazardous waste standards at a minimum: (1) limit to 180 days onsite storage without a permit; (2) require all other treatment, storage, or disposal at a facility with a permit; and (3) require that a manifest accompany any shipment of such waste off the premises on which it is generated. (Allows specific requirements for entries on such manifest to vary from those applicable to the manifest required for larger quantity generators.) Requires, within 90 days after the enactment of this Act, that any hazardous waste which is part of a total quantity generated by a generator generating between 25 to 1,000 kilograms during a calendar month and which is shipped off the premises on which it is generated shall be accompanied by a copy of the EPA Uniform Hazardous Waste Manifest form signed by the generator. Requires that such form contain specified information. Authorizes the Administrator to promulgate regulations which establish special standards or exemptions for hazardous wastes which are generated by any generator who does not generate more than 100 kilograms of hazardous waste per calendar month. Establishes requirements for interim control of hazardous waste injection. Prohibits hazardous waste disposal by underground injection above or into a formation which contains, within one-quarter mile of the well used for such injection, an underground source of drinking water. Provides for exemptions from such prohibition upon demonstration that such injection will not cause hazardous waste to endanger drinking water sources. Provides for State and Federal enforcement of such prohibitions and identical prohibitions under the Safe Drinking Water Act. Establishes requirements with respect to liquids in landfills. Directs the Administrator, within six months after enactment of this Act, to promulgate final regulations which: (1) minimize to the extent technologically feasible the disposal of containerized liquid hazardous wastes in landfills; and (2) prohibit the landfill disposal of bulk or noncontainerized liquid hazardous wastes. Makes such regulations effective immediately upon promulgation. Directs the Administrator to maintain specified requirements, pending promulgation of such regulations. Sets forth prohibitions on land disposal of specified hazardous wastes. Authorizes the Administrator to promulgate regulations prohibiting one or more methods of land disposal of specified identified or listed hazardous wastes (in addition to specified wastes referred to under this Act). Directs the Administrator to specify each such hazardous waste for which it may reasonably be anticipated that one or more methods of land disposal may not be protective of human health and the environment for as long as the waste remains hazardous, taking into account specified factors. Directs the Administrator, in promulgating such regulations, to consider each hazardous waste which is prohibited from one or more methods of land disposal by any State. Prohibits the land disposal of specified hazardous wastes within 12 months of the enactment of this Act, unless the Administrator determines the prohibition on one or more methods of land disposal is not required in order to protect human health and the environment for as long as the waste remains hazardous. Requires that such prohibition is to be applied, taking into account specified factors, to specified forms, compounds, and concentrations of the following hazardous wastes: (1) cyanides; (2) arsenic; (3) candmium; (4) chromium; (5) lead; (6) mercury; (7) nickel; (8) selenium; (9) thallium; (10) highly acidic (having a pH of two or less) liquid wastes; (11) polychlorinated biphenyls (PCBs); and (12) halogenated organic compounds. Authorizes the Administrator to substitute more stringent concentration levels where necessary to protect human health and the environment. Sets forth a schedule for additional prohibition determinations. Directs the Administrator to submit to Congress, within six months after enactment of this Act, a schedule for reviewing all hazardous wastes listed in specified Federal regulations which are not covered by a land disposal prohibition under this Act. Directs the Administrator to complete such review and promulgate regulations in accordance with a specified timetable with deadlines from 18 to 54 months after enactment of this Act. Requires that hazardous wastes identified or listed within 54 months after enactment of this Act be added to such schedule. Directs the Administrator to determine, within such 54 months, whether all remaining indentified or listed hazardous wastes should be prohibited from one or more methods of land disposal. Directs the Administrator, in the case of any hazardous waste identified or listed after such 54 months, to make such prohibition determination within six months. Sets forth criteria upon which such prohibition determinations are to be made. Prohibits land disposal of any identified or listed hazardous waste for which the Administrator has failed to make a determination within the specified deadline. Sets forth effective dates for prohibitions. Provides for variances in specified cases. Authorizes the Administrator to revise such regulations to add additional hazardous wastes to be prohibited from one or more methods of land disposal. Authorizes the Administrator to impose conditions, including but not limited to pretreatment and detoxification prior to land disposal, and limitations on waste dilution. Requires, within 12 months after enactment of this Act, notification to the Administrator by: (1) the owner or operator of any facility producing a fuel from any hazardous waste alone or with other material or from used oil alone or with other material; (2) the owner or operator of any facility burning fuel containing any hazardous waste or used oil; and (3) any person who distributes or markets fuel containing hazardous waste or used oil. Requires that such notification describe the location, the facility, the identified or listed hazardous waste involved, and the production or energy recovery activity. Exempts facilities, such as residential boilers, from such notification requirements where the Administrator determines that such notification is not necessary for obtaining sufficient information respecting current practices of facilities using hazardous waste for energy recovery. Directs the Administrator, within two years after the enactment of this Act, to promulgate regulations establishing health and environmental standards applicable to owners or operators of facilities producing fuel from hazardous wastes or burning hazardous wastes for energy recovery and to distributors or marketers of such fuels. Prohibits producers, distributors, or marketers of fuels containing hazardous wastes from distributing or marketing such fuels unless the invoice or bill of sale bears a conspicuous warning and lists the hazardous wastes contained in such fuel. Exempts oil or petroleum refining waste containing oil from such labeling requirement under certain conditions. Directs the Administrator, within two years after the date of enactment of this Act and after opportunity for public hearing, to promulgate regulations establishing standards applicable to transporters of fuel produced from any identified or listed hazardous waste alone or in combination with any other material. Directs the Administrator to promulgate regulations requiring any facility operating under an interim status permit to obtain a final permit before expanding its capacity by more than ten percent (except capacity for storage or treatment in tanks or containers and enclosed waste piles). Authorizes the Administrator to establish standards for any interim status permit facility expanding its capacity by ten percent or less. Allows such standards for facilities expanding by ten percent or less to vary from the interim permit status standards for facilities which do not expand capacity. Requires landfill disposal facilities operating under an interim status permit to comply with monitoring and corrective action requirements applicable to facilities for which a final permit is issued. Requires any new, replacement, or laterally expanded unit of a landfill or surface impoundment operating under an interim status permit to be subject to requirements respecting liners and leachate collection systems or equivalent protection applicable to facilities for which a final permit is issued. Limits to ten years the duration of any permit for hazardous waste treatment, storage, or disposal. Allows renewals of such permits. Directs the Administrator to issue final permits or final denials of permit applications: (1) for land disposal facilities within four years of the enactment of this Act; and (2) for any other treatment, storage, or disposal facilities within eight years of such enactment. Provides that such time periods shall also apply in the case of any authorized State hazardous waste program. Requires facilities operating under interim status permits to submit applications for final permit review within the applicable time period, with specified exceptions. Authorizes the Administrator, after notice and opportunity for hearing, to promulgate permit application requirements and permit conditions applicable to owners and operators of a class of facilities, upon determination that facilities in the class should be subject to similar design, operating, and management requirements. Limits such classes to facilities which treat or store hazardous waste in containers, tanks, or enclosed piles. Authorizes the Administrator, after notice and opportunity for informal hearing, to issue a class permit for a facility which meets such conditions and requirements. Authorizes the Administrator, in establishing class permit requirements and conditions, to provide that certain conditions shall be established for each facility on a site-specific basis. Directs the Administrator to promulgate regulations with respect to the reuse, recycling, and reclamation of identified or listed hazardous waste which protect human health and the environment. Declares that adequate provision shall be given to the present and future needs of the recycling and resource recovery interest in the area encompassed by the comprehensive planning process in determining the size of waste-to-energy facilities. Authorizes the Administrator to make grants to local government authorities to construct (and acquire lands for) demonstration recycling intermediate processing centers. Sets forth requirements for such grants. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the "Superfund Act") to revise provisions relating to the State share of the costs of remedial actions in response to a release of a hazardous substance at a disposal facility owned by a State or local government. Requires that such facility be operated, as well as owned, by the State or local government in order for such provisions to apply. Directs the President to use money in the Hazardous Substance Response Trust Fund to reimburse any State for the amount paid in excess of ten percent of the costs of remedial action at a facility owned, but not operated, by such State or local government. Amends the Solid Waste Disposal Act to authorize the Administrator to bring suit or to take other appropriate action, if the past (or present) handling, storage, treatment, transportation, or disposal may present an imminent and substantial endangerment to health or the environment. Revises provisions relating to citizen suits to provide that only the prevailing or substantially prevailing party may be awarded litigation costs. Revises preservation of rights provisions to declare that nothing in the Solid Waste Disposal Act shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or requirement relating to the management of solid waste or hazardous waste, or to seek any other relief (including relief against the Administrator or a State agency). Directs the Administrator to request the Attorney General to file, and represent the Administrator in, any civil action which the Administrator is authorized to bring under the Solid Waste Disposal Act. Grants the Administrator, if the Attorney General does not give notice and file such action within specified deadlines, exclusive authority to commence and conduct the litigation and any appeals of such action and to designate EPA Attorneys for such purposes, except in the case of actions before the U.S. Supreme Court. Grants EPA officers or employees specified law enforcement powers in the investigation of any activity for which a criminal penalty is provided under the Solid Waste Disposal Act. Revises citizen suit provisions of such Act to allow any person to commence civil actions to: (1) immediately restrain any person contributing to the handling, storing, treating, transporting, or disposing of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or (2) order the Administrator to perform any act or duty which is not discretionary under such Act and to supply appropriate civil penalties. Provides that specified prohibitions against the open dumping of solid waste or hazardous waste apply whether or not a State plan has been submitted and approved. Authorizes the Administrator and duly designated agents and employees of EPA to initiate and conduct investigations under the criminal provisions of the Act, and to refer investigation results to the Attorney General for appropriate prosecution. Revises provisions for Federal enforcement of hazardous waste management requirements under the Solid Waste Disposal Act to authorize the Administrator to assess a civil penalty for any past or current violation. Provides for criminal penalties for persons who knowingly: (1) cause specified hazardous waste to be transported; (2) treat, store, or dispose of such waste in violation of any material condition or requirement of specified permits or of any applicable interim status regulation or standards; (3) omit material information used for purposes of compliance with regulations promulgated by the Administrator (or by a State program); (4) fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of such compliance; or (5) transport, or cause to be transported without a manifest any hazardous waste required to be so accompanied. Raises the maximum criminal penalties for these and other violations, under specified conditions. Revises provisions relating to conditions for knowing endangerment. Raises the penalties for knowing endangerment. Revises provisions for review of certain actions of the Administrator relating to permits for treatment, storage, or disposal of hazardous waste and authorized State hazardous waste programs. Provides that action of the Administrator with respect to which review could have been obtained under such provisions of the Solid Waste Disposal Act shall not be subject to judicial review in civil or criminal proceedings for enforcement. Revises findings and objectives of the Solid Waste Disposal Act. Revises provisions for identification and listing of hazardous waste under such Act to add requirements with respect to specified wastes. Directs the Administrator, where appropriate, to list as subject to hazardous waste management provisions: (1) within ten months of enactment of this act, additional wastes containing chlorinated dioxins or dibenzofurans or polychlorinated biphenyl (PCBs) and (2) within one year after such enactment, wastes containing remaining halogenated dioxins and-dibenzofurans. Directs the Administrator, within six months after such enactment, to determine whether or not to list as subject to such requirements specified wastes. Directs the Administrator to also list those hazardous wastes which shall be subject to hazardous waste management requirements because they contain hazardous constituents (such as identified carcinogens, mutagens, or teratagens) at concentration levels in excess of levels which endanger human health and the environment. Sets forth delisting procedures. Directs the Administrator, when evaluating a petition to exclude a waste generated at a particular facility, to: (1) consider factors, other than those for which the site was listed, which could cause the waste to be hazardous; (2) provide notice and opportunity for comment on such additional factors before granting or denying such petition; and (3) make a final decision on each such petition within 12 months after granting a temporary exclusion from regulation of such waste. Revises provisions relating to restrictions on recycled oil to specify that such regulations should not discourage the re-refining of used oil. Authorizes the Administrator, in authorizing a State program, to base findings on the Federal program in effect one year prior to submission of a State's application or in effect on January 26, 1983, whichever is later. Authorizes the Administrator to provide for a shorter period prior to the effective date, or an immediate effective date for regulations at the time of promulgation under specified circumstances. Sets forth requirements covering prior releases of hazardous wastes. Provides that the hazardous waste treatment, storage, and disposal facility standards shall address releases of hazardous constituents attributable to the migration of waste from all solid waste management units at a facility, whether waste was placed in such units before or after the date of permit issuance. Requires that such standards provide for compliance schedules and financial assurances to ensure adequate cleanup of such releases where such cleanup cannot be completed prior to permit issuance. Directs the Administrator to annually undertake a thorough inspection of each landfill facility operated by a State or local government and subject to regulation under hazardous waste management provisions. Requires that the record of such inspection be available to the public. Requires that authorized State hazardous waste programs provide for availability of specified information to the public. Directs the Administrator to establish an Office of Ombudsman to receive individual complaints, grievances, and requests for information submitted by any person with respect to any program or requirement under the Solid Waste Disposal Act. Directs the Ombudsman to render assistance with respect to such submissions and make appropriate recommendations to the Administrator. Provides that the establishment of such Office shall not affect any procedures for grievances, appeals, or administrative matters. Requires, within two years after enactment of this Act, that standards for hazardous waste facilities require the application of the best available control technology economically achievable. Provides that all used oil shall be considered a hazardous waste twelve months after the enactment of this Act. Provides for an exemption from hazardous waste standards for certain recycled oil. Directs the Administrator to issue hazardous waste treatment, storage, or disposal permits to used oil recyclers who meet specified requirements. Sets forth provisions relating to the use of recovered materials by Federal agencies. Sets forth definitions of "recycled paper" and "wastepaper". Requires that each procuring agency develop an affirmative procurement program to assure that items composed of recovered materials will be purchased to the maximum extent practicable consistent with Federal procurement law. Sets forth minimum requirements relating to such programs. Includes recycled paper and tires among the three product categories for which the Administrator must prepare final guidelines by specified deadlines. Directs the Office of Procurement Policy to biannually report to the Congress on actions taken by Federal agencies and the progress made in implementation of Federal procurement provisions under the Solid Waste Disposal Act, including agency compliance in reviewing and eliminating specifications that discriminate against recycled materials. Revises the deadline for elimination of such specifications. Makes certain clerical corrections.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 3 May 1983

    Committee

    Consideration and Mark-Up Session Held by Subcommittee on Commerce, Transportation and Tourism Prior to Introduction (Apr 27, 83).

    Source: Committee

  2. 3 May 1983

    Introduced

    Referred to House Committee on Energy and Commerce.

    Source: IntroReferral

  3. 3 May 1983

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 3 May 1983

    Introduced

    Introduced in House

    Source: IntroReferral

  5. 12 May 1983

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

  6. 12 May 1983

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  7. 17 May 1983

    Introduced

    Referred to House Committee on The Judiciary Sequentially, for a Period Ending not Later than Jun 15, 83.

    Source: IntroReferral

  8. 17 May 1983

    Reported

    Reported to House (Amended) by House Committee on Energy and Commerce. Report No: 98-198 (Part I).

    Source: Committee

  9. 17 May 1983

    Reported

    Reported to House (Amended) by House Committee on Energy and Commerce. Report No: 98-198 (Part I).

    Source: Committee

  10. 1 June 1983

    Referred

    Referred to Subcommittee on Monopolies and Commercial Law.

    Source: Committee

  11. 7 June 1983

    Committee

    Forwarded by Subcommittee to Full Committee (Amended).

    Source: Committee

  12. 7 June 1983

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

  13. 7 June 1983

    Committee

    Subcommittee Hearings Held.

    Source: Committee

  14. 9 June 1983

    Committee

    Supplemental Report Filed by House Committee on Energy and Commerce. Report No: 98-198 (Part II).

    Source: Committee

  15. 9 June 1983

    Committee

    Supplemental Report Filed by House Committee on Energy and Commerce. Report No: 98-198 (Part II).

    Source: Committee

  16. 14 June 1983

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

  17. 14 June 1983

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  18. 15 June 1983

    Introduced

    House Committee on The Judiciary Granted an Extension for Further Consideration Ending not Later Than June 17, 1983.

    Source: IntroReferral

  19. 17 June 1983

    Calendars

    Placed on Union Calendar No: 165.

    Source: Calendars

  20. 17 June 1983

    Reported

    Reported to House (Amended) by House Committee on The Judiciary. Report No: 98-198 (Part III).

    Source: Committee

  21. 17 June 1983

    Reported

    Reported to House (Amended) by House Committee on The Judiciary. Report No: 98-198 (Part III).

    Source: Committee

  22. 19 July 1983

    Floor

    Committee on Rules Granted an Open Rule Providing One Hour Debate; Making in Order the Commerce Committee Substitute as Original Text; Waiving Points of Order Against the Substitute.

    Source: Floor

  23. 20 July 1983

    Reported

    Rules Committee Resolution H.Res.274 Reported to House.

    Source: Floor

  24. 4 August 1983

    Floor

    Called up by House by Rule.

    Source: Floor

  25. 4 August 1983

    Passed

    Rule Passed House.

    Source: Floor

  26. 6 October 1983

    Floor

    Considered by House Unfinished Business.

    Source: Floor

  27. 31 October 1983

    Floor

    Considered by House Unfinished Business.

    Source: Floor

  28. 3 November 1983

    Passed

    Passed House (Amended) by Voice Vote.

    Source: Floor

  29. 3 November 1983

    Passed

    Passed/agreed to in House: Passed House (Amended) by Voice Vote.

    Source: Floor

  30. 3 November 1983

    Floor

    Separate Vote Demanded on Amendments Adopted by the Committee of the Whole.

    Source: Floor

  31. 3 November 1983

    Passed

    House Agreed to Amendments Adopted by the Committee of the Whole.

    Source: Floor

  32. 3 November 1983

    Reported

    The Clerk Reported Committee Amendments.

    Source: Floor

  33. 9 November 1983

    Introduced

    Received in the Senate and read twice and referred to the Committee on Environment and Public Works.

    Source: IntroReferral

  34. 25 July 1984

    ResolvingDifferences

    Senate insists on its amendments, asks for a conference, appoints conferees Stafford; Chafee; Simpson; Symms; Randolph; Mitchell; Lautenberg.

    Source: ResolvingDifferences

  35. 25 July 1984

    Vote

    Passed/agreed to in Senate: Passed Senate in lieu of S. 757 with an amendment and an amendment to the Title by Yea-Nay Vote. 93-0. Record Vote No: 196.

    Source: Floor

  36. 25 July 1984

    Floor

    Senate struck all after the Enacting Clause and substituted the language of S. 757 amended.

    Source: Floor

  37. 25 July 1984

    Discharge

    Senate Committee on Environment and Public Works discharged by Unanimous Consent.

    Source: Discharge

  38. 25 July 1984

    Committee

    Senate Committee on Environment and Public Works discharged by Unanimous Consent.

    Source: Committee

  39. 10 August 1984

    Passed

    House Agreed to Request for Conference and Speaker Appointed Conferees: Dingell, Florio, Mikulski, Tauzin, Eckart, Dowdy, Broyhill, Lent, Ritter, Rostenkowski, Gibbons, Conable, Duncan, Waxman, Scheuer, Madigan, Shelby, Breaux, Pickle.

    Source: ResolvingDifferences

  40. 10 August 1984

    Passed

    House Disagreed to Senate Amendments by Unanimous Consent.

    Source: ResolvingDifferences

  41. 10 August 1984

    Passed

    Resolving differences -- House actions: House Disagreed to Senate Amendments by Unanimous Consent.

    Source: NotUsed

  42. 18 September 1984

    ResolvingDifferences

    Conference held.

    Source: ResolvingDifferences

  43. 18 September 1984

    ResolvingDifferences

    Conference committee actions: Conference held.

    Source: ResolvingDifferences

  44. 25 September 1984

    ResolvingDifferences

    Conference held.

    Source: ResolvingDifferences

  45. 25 September 1984

    ResolvingDifferences

    Conference committee actions: Conference held.

    Source: ResolvingDifferences

  46. 26 September 1984

    ResolvingDifferences

    Conference held.

    Source: ResolvingDifferences

  47. 26 September 1984

    ResolvingDifferences

    Conference committee actions: Conference held.

    Source: ResolvingDifferences

  48. 28 September 1984

    Passed

    Conferees agreed to file conference report.

    Source: ResolvingDifferences

  49. 28 September 1984

    Passed

    Conference committee actions: Conferees agreed to file conference report.

    Source: ResolvingDifferences

  50. 3 October 1984

    ResolvingDifferences

    Conference report filed: Conference Report 98-1133 Filed in House.

    Source: ResolvingDifferences

  51. 3 October 1984

    Passed

    House Agreed to Conference Report by Voice Vote.

    Source: ResolvingDifferences

  52. 3 October 1984

    Passed

    Conference report agreed to in House: House Agreed to Conference Report by Voice Vote.

    Source: ResolvingDifferences

  53. 3 October 1984

    ResolvingDifferences

    Conference Report 98-1133 Filed in House.

    Source: ResolvingDifferences

  54. 5 October 1984

    Passed

    Senate agreed to conference report by Voice Vote.

    Source: ResolvingDifferences

  55. 5 October 1984

    Passed

    Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.

    Source: ResolvingDifferences

  56. 28 October 1984

    Floor

    Measure Signed in Senate.

    Source: Floor

  57. 29 October 1984

    Floor

    Presented to President.

    Source: Floor

  58. 29 October 1984

    President

    Presented to President.

    Source: President

  59. 8 November 1984

    Became law

    Became Public Law No: 98-616.

    Source: President

  60. 8 November 1984

    Became law

    Signed by President.

    Source: BecameLaw

  61. 8 November 1984

    President

    Signed by President.

    Source: President

Votes

· Official source

Yes 0 · No 0 · Abstain · Absent/not voting 0

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