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HEARING REQUESTS |
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| Item 1. |
Docket No. 2002-0091-AIR. Consideration of application by Ennis Tractebel for
new Air Quality Permit No. 46665 to authorize the construction of a natural gas
fired combined cycle electric generating facility. The proposed facility would be
located at 4001 West Ennis Avenue, Ennis, Ellis County, Texas. The Commission
will also consider requests for hearing or reconsideration, related responses and
replies, public comment, and the Executive Director's Response to Comments. (Jim
Linville, Garrett Arthur) |
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| Deny hearing request of Mr. Helstrom, but approve hearing request of the 4 remaining requesters and
forward to Alternative Dispute Resolution for 4 to 6 weeks, and if mediation fails forward to State
Office of Administrative Hearings, to consider limited issue as recommended by Commission,
RM/KW. All Agree |
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| Item 2. |
Docket No. 2002-0031-MWD. Consideration of permit application # 14263-001
submitted by AquaSource Development Company for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. 14263-001, to
authorize the discharge of treated domestic wastewater at a daily average flow not to
exceed 225,000 gallons per day. The facility is located approximately 2,500 feet
southwest of the intersection of State Highway 114 and John Day Road in Denton
County, Texas. The Commission will also consider hearing requests, related
responses and replies, public comment and the Executive Director's Response to
Comments. (Kathy H. Brown, Curtis B. Seaton) |
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| Deny hearing request and approve ED Response to Comments, approve permit, RH/RM. All Agree |
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AIR QUALITY ENFORCEMENT AGREED ORDERS |
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| Item 3. |
Docket No. 2001-0480-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of D & H Pump Service, Inc.
in El Paso County; TNRCC ID No. EE-2122-O; for air quality violations pursuant to
the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex.
Water Code, and the rules of the Texas Natural Resource Conservation Commission.
(Shannon Strong) |
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| Issue agreed order, RM/RM. All Agree |
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| Item 4. |
Docket No. 1999-1278-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Amoco Oil Company in Galveston County;
TNRCC ID No. GB-0004-L; for air quality violations pursuant to the Tex. Clean Air
Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural
Resource Conservation Commission. (David Speaker) |
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| Issue agreed order, RM/RH. All Agree |
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INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
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| Item 5. |
Docket No. 2001-0210-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of U.S. Denro Steels, Inc. dba
Jindal United Steel Corporation in Chambers County; TPDES Permit No.
01332-000; for water quality violations pursuant to Tex. Health & Safety Code ch.
341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource
Conservation Commission. (Catherine Sherman, Laurie Eaves) |
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| Issue agreed order, RM/KW. All Agree |
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MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER |
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| Item 6. |
Docket No. 2000-0452-MSW-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Thomas K. Lane dba
Laboratory Testing Supply, CAPCON Division in Henderson County; TNRCC ID
No. FO293; for municipal solid waste violations pursuant to the Tex. Solid Waste
Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code,
and the rules of the Texas Natural Resource Conservation Commission. (Elisa
Roberts) |
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| Issue default order, RH/RM. All Agree |
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
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| Item 7. |
Docket No. 1999-0787-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against IBP, Inc. in Anderson County; TNRCC Permit No.
01958; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code
and the rules of the Texas Natural Resource Conservation Commission. (Elisa
Roberts) |
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| Issue agreed order, KW/RH. All Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER |
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| Item 8. |
Docket No. 2000-1241-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Soheb Corporation dba
Lasses Food Mart in Bexar County; TNRCC PST Facility No. 39438; LPST
Facility ID No. 111109; for petroleum storage tank violations pursuant to chs. 7 and
26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation
Commission. (Elisa Roberts) |
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| Issue default order, RH/RM. All Agree |
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| Item 9. |
Docket No. 2001-0287-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Restructure Petroleum
Marketing Services, Inc. dba Sea Isle Supermarket in Galveston County; TNRCC
ID No. 0046589; for petroleum storage tank violations pursuant to chs. 7 and 26 of the
Tex. Water Code and the rules of the Texas Natural Resource Conservation
Commission. (Elisa Roberts) |
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| See Item #26 |
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| Item 10. |
Docket No. 2000-1196-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Mariamma Oommen dba
Super Stop Mart in Brazoria County; TNRCC ID No. 0058112; for petroleum
storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules
of the Texas Natural Resource Conservation Commission. (Elisa Roberts) |
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| See Item #27 |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER |
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| Item 11. |
Docket No. 1999-1479-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Wigginton Oil Company, Inc. in McCulloch
County; TNRCC ID Nos. 42522 & 42523; for petroleum storage tank violations
pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Elisa Roberts) |
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| Continued to March 13, 2002, RH/KW. All Agree |
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PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER |
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| Item 12. |
Docket No. 2001-0611-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Kamping Pleasures, Inc.
dba Lake Corpus Christi KOA Kampground in Live Oak County; Public Water
Supply No. 1490004; for drinking water quality violations pursuant to Tex. Health &
Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation
Commission. (Audra Baumgartner, Laurie Eaves) |
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| Issue agreed order, RM/RH. All Agree |
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EMERGENCY ORDERS TO MODIFY, AFFIRM, OR SET ASIDE |
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| Item 13. |
Docket No. 1999-1288-PWS-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on January 28, 2002 by the Executive Director of
the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code
5.501(c)(1) to address the abandonment of a retail public utility (Facility) by James F.
Sawyer and South Midland County Water System in Midland County; to ensure
continued operation of the Facility; and to provide continuous and adequate service to
customers. The Emergency Order re-appointed Phillips Gordon as temporary manager
of the Facility. (Gitanjali Yadav) |
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| See item #28 |
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| Item 14. |
Docket No. 2000-1189-PWS-E. Consideration of whether to Affirm, Modify, or Set
Aside the Emergency Rate Order issued by the Executive Director, without a hearing,
on December 24, 2001 approving the application by John M. Fultz, as Commission
appointed temporary manager for Jim and Charlene Perdue dba Mount Pleasant
Village Water System, for an emergency water rate increase. The order was issued
pursuant to Sections 5.508 and 13.4133, Tex. Water Code and 30 Texas
Administrative Code, Section 35.202. The utility serves approximately 81
connections in Montgomery County, Texas. Along with a monthly surcharge of
$10.73, the Emergency Rate Order authorizes a rate increase from a monthly base rate
including 5,000 gallons of $19.95 per connection to a monthly base rate including zero
gallons of $23.00 per connection. The Emergency Rate Order also increases the
gallonage charge from $1.00 per 1,000 gallons to $3.00 per 1,000 gallons. The new
rates would be effective January 15, 2002 for a period of 15 months or until a final
rate is set, whichever occurs sooner. The application states that the rate increase is
necessary to ensure the provision of continuous and adequate services to the utility's
customers. (John Deering, Michelle Abrams) |
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| Continued to March 27, 2002 |
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MISCELLANEOUS |
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| Item 15. |
Docket Number 2002-0048-MIS. Consideration to appoint two individuals to the
Municipal Solid Waste Management and Resource Recovery Advisory Council.
(Gary Trim) |
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| Approve staff recommendation, RH/RM. All Agree |
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RULE MATTERS |
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| Item 16. |
Docket No. 2001-0122-RUL. Consideration for publication of the following
proposed amendments to 30 TAC Chapter 335, Industrial Solid Waste and Municipal
Hazardous Waste: |
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Section 335.29 Adoption of Appendices by Reference |
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Section 335. 67 Marking |
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Section 335.322 Definitions |
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Section 335.323 Generation Fee Assessment |
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The proposed amendments would add three exemption categories for waste generation
fees under Section 335.323, including conditional exemptions for characteristically
hazardous wastewater transported via hardpiping to a publicly-owned treatment works
(POTW) for treatment; Class 1 industrial wastewater transported via hardpiping to a
POTW for treatment; and hazardous wastewater generated due to de minimis losses of
commercial chemical products at certain facilities and discharged on-site in
accordance with a Texas Pollutant Discharge Elimination System permit or
transported via hardpiping to a POTW. The proposed amendments to Section 335.29
would reference recent federal amendments to Appendix VII and Appendix VIII of 40
Code of Federal Regulations Part 261, as promulgated in the November 8, 2000
publication of the Federal Register (65 FR 67068). The proposed amendment to
Section 335.322 would add a new definition of terminal operation. The proposed
amendments to Section 335.67 would reinsert text describing certain requirements for
hazardous waste container labeling which was inadvertently deleted in a previous
rulemaking. (Michael Bame, Marilyn Querejazu, Don Redmond) (Rule Log No.
2001-103-335-WS) |
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| Approve publication of proposed amendments, RH/RM. All Agree |
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| Item 17. |
Docket No. 2002-0113-RUL. Consideration for publication of the following
proposed amendment and new section in 30 TAC Chapter 290, Public Drinking
Water: |
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Amended - Section 290.251, Purpose, Authority, and Definitions |
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New - Section 290.261, Reporting on Clothes Washing Machines |
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The proposed rules implement House Bill 2403, 77th Legislature, 2001, which
requires that the commission by rule require appropriate trade associations or other
entities to provide certain information related to water consumption factors of certain
clothes washing machines to the commission by January 31st of each year and
requires the commission to report this information to the legislature not later than
February 28th of each year. (Debra Barber) (Rule Log No. 2002-001-290-WT) |
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| Approve publication of proposed amendments, KW/RH. All Agree |
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| Item 18. |
Docket No. 2001-0146-RUL. Consideration for publication of, and hearing on, new
Section 291.145, Preenforcement Threshold of Noncompliance in 30 TAC Chapter
291, Utility Regulations. |
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The proposed new section would implement provisions of Senate Bill 649 (an act
relating to training requirements for applicants for, and recipients of, financial
assistance for water and sewer services under the economically distressed areas
program), 77th Legislature, 2001, which requires the commission to establish, by rule,
criteria to be used to determine if an operating entity needs training. (Elston Johnson,
Bob Tinstman, Debi Dyer) (Rule Log No. 2001-052-291-WT) |
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| Approve publication and hearing, RH/KW. All Agree |
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| Item 19. |
Docket No. 2001-0879-RUL. Consideration for approval of an agreement with the
TXU Electric Company and corresponding revisions to the state implementation plan
(SIP) for ozone control. The agreement and revised SIP would make federally
enforceable certain reductions of local ozone precursor emissions of nitrogen oxides
from sources at Martin Lake Power Plant near Tatum, Rusk County and Monticello
Power Plant near Mount Pleasant, Titus County. (Terry Salem, Alan Henderson)
(Rule Log No. 2001-026-SIP-AI) |
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| Remand to ED |
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| Item 20. |
Docket No. 2001-0878-RUL. Consideration for approval of an agreement with the
Southwestern Electric Power Company and corresponding revisions to the state
implementation plan (SIP) for ozone control. The agreement and revised SIP would
make federally enforceable certain reductions of local ozone precursor emissions of
nitrogen oxides from sources at Wilkes Power Plant in Avinger, Cass County; Pirkey
Power Plant in Hallsville, Harrison County; and Knox Lee Power Plant in Longview,
Gregg County, Texas. (Terry Salem, Alan Henderson) (Rule Log No.
2001-026-SIP-AI) |
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| Remand to ED |
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| Item 21. |
Docket No. 2001-0880-RUL. Consideration for approval of an agreement with the
Eastman Chemical Company, Texas Operations and corresponding revisions to the
state implementation plan (SIP) for ozone control. The agreement and revised SIP
would make federally enforceable certain reductions of local ozone precursor
emissions of nitrogen oxides from sources at Eastman Chemical Company in
Longview, Harrison County, Texas. (Terry Salem, Alan Henderson) (Rule Log No.
2001-026-SIP-AI) |
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| Remand to ED |
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STATE IMPLEMENTATION PLAN |
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| Item 22. |
Docket No. 2001-0881-SIP. Consideration for adoption of revisions to the ozone
state implementation plan (SIP) concerning Gregg, Harrison, Rusk, Smith, and Upshur
Counties in the Northeast Texas area. This SIP revision contains an emissions
summary, photochemical modeling results, a rate-of-progress section, and a control
strategy including Agreed Orders with Eastman Chemical Company, Texas
Operations; TXU Electric Company; and Southwestern Electric Power
Company. A public hearings notice of this proposed SIP revision was published in
the September 28, 2001 issue of the Texas Register (26 TexReg 7648). (Mike Magee,
Alan Henderson) (Rule Log No. 2001-026-SIP-AI) |
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| Remand to ED |
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EXECUTIVE SESSION |
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| Item 23. |
Docket No. 1998-1154-EXE. The Commission will meet in closed session to
deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the Commission's Executive Director, as permitted by Section 551.074
of the Texas Open Meetings Act, Chapter 551 of the Government Code. The
Commission may also meet in open session to take action on this matter as required by
Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government
Code. |
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| No Action Taken |
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| Item 24. |
Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED
MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR
CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE
APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,
DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS
PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as
Chapter 551 of the Government Code. The Commission may also meet in open
session to take action on a legal or personnel matters considered in the closed meeting
as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the
Government Code. |
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| No Action Taken |
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| Item 25. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED
SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS
COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE
OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT
CODE. The Commission may also meet in open session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the
Government Code. |
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| No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC
AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH
AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING
IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED
TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT
(512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA,
SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC
AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE
OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK
DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE
ARRANGEMENTS CAN BE MADE.) REGISTRATION FOR AGENDA
STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN
THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR
MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM. |