[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Rules and Regulations]
[Pages 19825-19829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10724]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VT-006-01-1219a; A-1-FRL-5998-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Vermont; VOC Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Vermont on February 4, 1993, August 9, 1993, 
and August 10, 1994. These SIP revisions establish requirements for 
certain categories of sources which emit volatile organic compounds. 
The intended effect of this action is to approve these regulations into 
the Vermont SIP. This action is being taken in accordance with the 
Clean Air Act (CAA).

DATES: This rule is effective June 22, 1998 without further notice, 
unless EPA receives relevant adverse comments by May 22, 1998. If EPA 
receives such comments, then it will publish a timely document 
withdrawing this rule.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection (mail code CAA), U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment at the 
Office Ecosystem Protection, U.S. Environmental Protection Agency, 
Region I, One Congress Street, 11th floor, Boston, MA; and Air 
Pollution Control Division, Agency of Natural Resources, Building 3 
South, 103 South Main Street, Waterbury, VT 05676.

FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 565-3166.

SUPPLEMENTARY INFORMATION: On February 4, 1993, August 9, 1993, and 
August 10, 1994, the State of Vermont submitted formal revisions to its 
State Implementation Plan (SIP). These SIP revisions consist of 
regulations to reduce volatile organic compound (VOC) emissions from 
certain categories of sources.

I. Summary of SIP revision

Background

    On November 15, 1990, amendments to the 1977 CAA were enacted. Pub. 
L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. Secs. 7401-7671q. 
Pursuant to the amended CAA, the entire state of Vermont was designated 
as ``unclassifiable/attainment'' for ground-level ozone. 56 FR 56694 
(Nov. 6, 1991).
    Section 184 of the amended CAA, establishes an Ozone Transport 
Region (OTR) which is comprised of several northeastern states, 
including Vermont. Section 184(b) requires that states in the OTR 
implement reasonably available control technology (RACT) for all VOC 
sources covered by a Control Techniques Guideline (CTG) issued before 
or after the enactment of the Clean Air Act Amendments of 1990 and for 
all major VOC sources (defined as 50 tons of VOC emissions per year for 
sources in the OTR).
    A CTG is a document issued by EPA which establishes a ``presumptive 
norm'' for RACT for a specific VOC source category. Under the pre-
amended CAA, EPA issued CTG documents for 29 categories of VOC sources. 
Section 183 of the amended CAA requires that EPA issue 13 new (i.e., 
post-1990) CTGs. Appendix E of the General Preamble of Title I (57 FR 
18077) lists the categories

[[Page 19826]]

for which EPA plans to issue new CTGs. On November 15, 1993, EPA issued 
a CTG for Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
Distillation Operations and Reactor Processes. Also, on August 27, 
1996, EPA issued a CTG for shipbuilding and repair operations. In 
addition, on May 26, 1996, EPA issued a CTG for wood furniture 
finishing operations. CTGs for the remaining Appendix E categories have 
not yet been issued.

EPA's Evaluation of Vermont's Submittal

    In response to the Section 184(b) RACT requirement, on April 6, 
1992 and August 28, 1992, Vermont submitted negative declarations for 
the following pre-1990 CTG categories:

1. Automobile and Light-Duty Truck Coating Operations
2. Can Coating
3. Coil Coating
4. Fabric Coating
5. Vinyl Coating
6. Coating of Metal Furniture
7. Coating of Large Appliances
8. Coating of Magnet Wire
9. Petroleum Refinery Sources
10. Leaks from Petroleum Refinery Equipment
11. Petroleum Liquid Storage in External Floating Roof Tanks
12. Leaks from Natural Gas/Gasoline Processing Equipment
13. Manufacture of Synthesized Pharmaceutical Products
14. Pneumatic Rubber Tire Manufacturing
15. Graphic Arts Systems
16. Petroleum Solvent Dry Cleaners
17. Leaks from Synthetic Organic Chemical, Polymer, and Resin 
Manufacturing Equipment
18. Manufacture of High-Density Polyethylene, Polypropylene, and 
Polystyrene Resins
19. Air Oxidation Processes in the Synthetic Organic Chemical 
Manufacturing Industry

    Vermont also submitted negative declarations regarding several 
post-1990 CTG categories. On April 20, 1994, Vermont submitted a 
negative declaration for the SOCMI Distillation Operations and Reactor 
Processes CTG. In addition, Vermont submitted a negative declaration 
for the shipbuilding and repair operations CTG on September 30, 1996.
    Through these negative declarations, the State of Vermont is 
asserting that there are no sources within the State that would be 
subject to a rule for that source category. EPA is approving these 
negative declarations as meeting the Section 184(b) RACT requirement 
for the source categories listed. However, if evidence is submitted 
during the comment period that there are existing sources within the 
State of Vermont that, for purposes of meeting the RACT requirement, 
would be subject to one or more of these rules, if developed, EPA would 
be unable to take final approval action on the negative declarations.
    After submitting the above negative declarations, Vermont then 
proceeded with the process of adopting regulations to control VOC 
emissions from the remaining pre-1990 CTG categories (which include 
surface coating processes, solvent metal cleaning, the use of cutback 
asphalt, and gasoline marketing operations) and from major non-CTG 
sources. Vermont's regulation for major non-CTG sources, 5-253.20 
``Other Sources that Emit Volatile Organic Compounds,'' was approved by 
EPA on April 9, 1997 (62 FR 17084) and will not be further discussed in 
this document.
    The VOC regulations included in Vermont's February 4, 1993, August 
9, 1993, and August 10, 1994 SIP submittals which are the subject of 
today's document are listed below.

5-101  Definitions
5-253.1  Petroleum Liquid Storage In Fixed Roof Tanks
5-253.2  Bulk Gasoline Terminals
5-253.3  Bulk Gasoline Plants
5-253.4  Gasoline Tank Trucks
5-253.5  Stage I Vapor Recovery Controls at Gasoline Dispensing 
Facilities
5-253.10  Paper Coating
5-253.12  Coating of Flatwood Paneling
5-253.13  Coating of Miscellaneous Metal Parts
5-253.14  Solvent Metal Cleaning
5-253.15  Cutback and Emulsified Asphalt

    In addition to the above-mentioned rules, Vermont submitted 
revisions to its ``SIP Narrative,'' which contain descriptive material 
on how the state will implement these rules.
    In determining the approvability of a VOC rule, EPA must evaluate 
the rule for consistency with the requirements of the Act and EPA 
regulations, as found in Section 110 and Part D of the Act and 40 CFR 
Part 51 (Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans). The EPA interpretation of these requirements, 
which forms the basis for today's action, appears in various EPA policy 
guidance documents. For the purpose of assisting State and local 
agencies in developing RACT rules, EPA prepared a series of Control 
Technique Guidelines (CTG) documents. The CTGs are based on the 
underlying requirements of the Act and specify the presumptive norms 
for RACT for specific source categories. EPA has not yet developed CTGs 
to cover all sources of VOC emissions. Further interpretations of EPA 
policy are found in those portions of the proposed Post-1987 ozone and 
carbon monoxide policy that concern RACT, 52 FR 45044 (November 24, 
1987) and ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations, Clarification to Appendix D of November 24, 1987 
Federal Register Notice'' (Blue Book) (notice of availability was 
published in the Federal Register on May 25, 1988) and the existing 
CTGs. In general, these guidance documents have been set forth to 
ensure that VOC rules are fully enforceable and strengthen or maintain 
the SIP.
    EPA has evaluated Vermont's VOC regulations and has found that they 
are generally consistent with the following EPA guidance documents: 
Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, 
Automobiles, and Light-Duty Trucks (EPA-450/2-77-008); Control of 
Volatile Organic Compounds from Use of Cutback Asphalt (EPA-450/2-77-
037); Clarification for Final SIP Actions on Asphalt Regulations (EPA 
memorandum, October 4, 1979); Control of Volatile Organic Emissions 
from Storage of Petroleum Liquids in Fixed Roof Tanks (EPA-450/2-77-
036); Control of Hydrocarbons from Tank Truck Gasoline Loading 
Terminals (EPA-450/2-77-026); Control of Volatile Organic Emissions 
from Bulk Gasoline Plants (EPA-450/2-77-035); Hydrocarbon Control 
Strategies for Gasoline Marketing Operations (EPA-450/3-78-017); 
Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume VII: Factory Surface Coating of Flat Wood Paneling 
(EPA-450/2-78-032); Control of Volatile Organic Compound Emissions from 
Solvent Metal Cleaning (EPA-450/2-77-022); and Model Volatile Organic 
Compound Rules for Reasonably Available Control Technology (EPA draft, 
June 1992). This finding is supported by Vermont's SIP Narrative, in 
which the State declares that it will require sources to use EPA test 
methods and otherwise exercise any discretion under its rules in a 
manner that is consistent with the CTGs. As such, EPA believes that the 
submitted rules constitute RACT for the applicable sources.
    Vermont's VOC regulations and EPA's evaluation are detailed in a 
memorandum, dated [date], entitled ``Technical Support Document--
Vermont--VOC Regulations.'' Copies of that document are available, upon 
request, from the EPA Regional Office listed in the ADDRESSES section 
of this document.

[[Page 19827]]

II. Final Action

    EPA is approving the following regulations into the Vermont SIP:

5-101  Definitions
5-253.1  Petroleum Liquid Storage in Fixed Roof Tanks
5-253.2  Bulk Gasoline Terminals
5-253.3  Bulk Gasoline Plants
5-253.4  Gasoline Tank Trucks
5-253.5  Stage I Vapor Recovery Controls at Gasoline Dispensing 
Facilities
5-253.10  Paper Coating
5-253.12  Coating of Flatwood Paneling
5-253.13  Coating of Miscellaneous Metal Parts
5-253.14  Solvent Metal Cleaning
5-253.15  Cutback and Emulsified Asphalt.

    In addition to approving these regulations into Vermont's SIP, EPA 
is also approving revisions to Vermont's SIP narrative, as well as 
negative declarations submitted by Vermont for certain CTG categories, 
as ``additional material'' under Section 52.2370.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve these SIP 
revisions should relevant adverse comments be filed. This rule will be 
effective June 22, 1998 without further notice unless, by May 22, 1998, 
the Agency receives relevant adverse comments.
    If the EPA receives such comments, then EPA will publish a 
subsequent document informing the public that the rule is withdrawn. 
All public comments received will be addressed in a subsequent final 
rule based on this action serving as a proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, the public is advised that this rule 
will be effective June 22, 1998.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State Implementation Plan. Each request for revision to 
the State Implementation Plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under Section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    To reduce the burden of Federal regulations on States and small 
governments, President Clinton issued Executive Order 12875 on October 
26, 1993, entitled ``Enhancing the Intergovernmental Partnership.'' 
Under Executive Order 12875, EPA may not issue a regulation which is 
not required by statute unless the Federal Government provides the 
necessary funds to pay the direct costs incurred by the State and small 
governments or EPA provides to the Office of Management and Budget a 
description of the prior consultation and communications the agency has 
had with representatives of State and small governments and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 12875 requires EPA to develop an effective process permitting 
elected and other representatives of State and small governments ``to 
provide meaningful and timely input in the development of regulatory 
proposals containing significant unfunded mandates.''
    The present action satisfies the requirements of Executive Order 
12875 because it is required by statute and because it does not contain 
a significant unfunded mandate. Section 110(k) of the Clean Air Act 
requires that EPA act on implementation plans submitted by states. This 
rulemaking implements that statutory command. In addition, this rule 
approves preexisting state requirements and does not impose new federal 
mandates binding on State or small governments.
    Under Sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 22, 1998. Filing a 
petition for reconsideration by

[[Page 19828]]

the Administrator of this final rule does not affect the finality of 
this rule for the purposes of judicial review nor does it extend the 
time within which a petition for judicial review may be filed, and 
shall not postpone the effectiveness of such rule or action. This 
action may not be challenged later in proceedings to enforce its 
requirements. (See Section 307(b)(2).) EPA encourages interested 
parties to comment in response to the proposed rule rather than 
petition for judicial review, unless the objection arises after the 
comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Vermont was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: April 1, 1998.
John P. DeVillars,
Regional Administrator, Region I.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart UU--Vermont

    2. Section 52.2370 is amended by adding paragraph (c)(25) to read 
as follows:


Sec. 52.2370  Identification of plan.

* * * * *
    (c) * * *
    (25) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on February 3, 1993, August 9, 
1993, and August 10, 1994.
    (i) Incorporation by reference.
    (A) Letters from the Vermont Air Pollution Control Division dated 
February 4, 1993, August 9, 1993, and August 10, 1994 submitting 
revisions to the Vermont State Implementation Plan.
    (B) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.1, entitled ``Petroleum Liquid 
Storage in Fixed Roof Tanks,'' effective in the State of Vermont on 
November 13, 1992.
    (C) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.2, entitled ``Bulk Gasoline 
Terminals,'' effective in the State of Vermont on November 13, 1992.
    (D) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.3, entitled ``Bulk Gasoline 
Plants,'' effective in the State of Vermont on November 13, 1992.
    (E) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.4, entitled ``Gasoline Tank 
Trucks,'' effective in the State of Vermont on November 13, 1992.
    (F) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.5, entitled ``Stage I Vapor 
Recovery Controls at Gasoline Dispensing Facilities,'' effective in the 
State of Vermont on November 13, 1992.
    (G) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.10, entitled ``Paper 
Coating,'' effective in the State of Vermont on November 13, 1992.
    (H) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.12, entitled ``Coating of Flat 
Wood Paneling,'' effective in the State of Vermont on November 13, 
1992.
    (I) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.13, entitled ``Coating of 
Miscellaneous Metal Parts,'' effective in the State of Vermont on 
August 13, 1993.
    (J) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.14, entitled ``Solvent Metal 
Cleaning,'' effective in the State of Vermont on August 13, 1993.
    (K) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.15, entitled ``Cutback and 
Emulsified Asphalt,'' effective in the State of Vermont on August 17, 
1994.
    (L) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-101, entitled ``Definitions,'' 
effective in the State of Vermont on November 13, 1992.
    (M) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-101, entitled ``Definitions,'' 
effective in the State of Vermont on August 13, 1993.
    (ii) Additional materials.
    (A) Vermont Agency of Natural Resources document entitled ``State 
of Vermont: Air Quality Implementation Plan'' dated August 1993.
    (B) Letter from the Vermont Agency of Natural Resources dated 
September 30, 1996 submitting a negative declaration for the 
shipbuilding and repair Control Techniques Guideline (CTG) category.
    (C) Letter from the Vermont Agency of Natural Resources dated April 
20, 1994 submitting a negative declaration for the synthetic organic 
chemical manufacturing industry (SOCMI) distillation and reactor 
processes CTG categories.
    (D) Letters from the Vermont agency of Natural Resources dated 
April 6, 1992 and August 28, 1992 submitting negative declarations for 
several pre-1990 CTG categories.
    (E) Nonregulatory portions of the submittal.
    3. In Sec. 52.2381, Table 52.2381 is amended by adding a new entry 
to existing state citation ``Chapter 5, Air Pollution Control, 
Subchapter I, Definitions, Section 5-101 Definitions'' and by adding 10 
new entries to existing state citation ``Subchapter II, Prohibitions'' 
to read as follows:


Sec. 52.2381  EPA--Approved Vermont state regulations.

* * * * *

                                     Table 52.2381--EPA-Approved Regulations                                    
                                    [Vermont SIP regulations 1972 to present]                                   
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                                     Date         Date                                            Comments and  
   State citation, title and      adopted by  approved by   Federal Register      52.2370          unapproved   
            subject                 State         EPA           citation                            sections    
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
Section 5-101  Definitions.....     10/29/92      4/22/98  [Insert FR         (c)(25)........  Add definitions  
                                     7/29/93                citation from                       associated with 
                                                            published date].                    VOC RACT rules. 
                                                                                                                

[[Page 19829]]

                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Section 5-253.1  Petroleum          10/29/92      4/22/98  [Insert FR         (c)(25)........                   
 Liquid Storage in Fixed Roof                               citation from                                       
 Tanks.                                                     published date].                                    
Section 5-253.2  Bulk Gasoline      10/29/92      4/22/98  [Insert FR         (c)(25)........                   
 Terminals                                                  citation                                            
                                                            published date].                                    
Section 5-253.3  Bulk Gasoline      10/29/92      4/22/98  [Insert FR         (c)(25)........                   
 Plants                                                     citation from                                       
                                                            published date].                                    
Section 5-253.4  Gasline Tank       10/29/92      4/22/98  [Insert FR         (c)(25)........                   
 Trucks.                                                    citation from                                       
                                                            published date].                                    
Section 5-253.5  Stage I vapor      10/29/92      4/22/98  [Insert FR         (c)(25)........                   
 recovery controls at gasoline                              citation from                                       
 dispensing facilities.                                     published date].                                    
Section 5-253.10  Paper Coating     10/29/92      4/22/98  [Insert FR         (c)(25)........                   
                                                            citation from                                       
                                                            published date].                                    
Section 5-253.12  Coating of        10/29/92      4/22/98  [Insert FR         (c)(25)........                   
 Flatwood Paneling.                                         citation from                                       
                                                            published date].                                    
Section 5-252.13  Coating of         7/29/93      4/22/98  [Insert FR         (c)(25)........                   
 Miscellaneous Metal Parts.                                 citation from                                       
                                                            published date].                                    
Section 5-253.14  Solvent Metal      7/29/93      4/22/98  [Insert FR         (c) 25)........                   
 Cleaning.                                                  citation from                                       
                                                            published date].                                    
Section 5-253.15  Cutback and         8/2/94      4/22/98  [Insert FR         (c)(25)........                   
 Emulsified Asphalt.                                        citation from                                       
                                                            published date].                                    
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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[FR Doc. 98-10724 Filed 4-21-98; 8:45 am]
BILLING CODE 6560-50-P