[Federal Register Volume 64, Number 207 (Wednesday, October 27, 1999)]
[Rules and Regulations]
[Pages 57777-57781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26849]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC-2012a; FRL-6457-1]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Stage II Gasoline Vapor Recovery and RACT 
Requirements for Major Sources of VOC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the District 
of Columbia State Implementation Plan (SIP). These revisions amend the 
requirements for all major volatile organic compounds (VOC) sources to 
implement reasonably available control technology (RACT) in the 
District of Columbia. These revisions also revise Stage II gasoline 
vapor recovery requirements. The intended effect of this action is to 
approve the revisions to the District's VOC regulations because they 
strengthen the SIP. This action is being taken in accordance with the 
requirements of the Clean Air Act.

DATES: This rule is effective on December 13, 1999 without further 
notice, unless EPA receives adverse comment by November 26, 1999. If 
EPA receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103 and the District of 
Columbia Department of Public Health, Air Quality Division, 51 N 
Street, N.E., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Cristina Fernandez, (215) 814-2178, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of the SIP Revisions

    On June 21, 1985, the Mayor of the District of Columbia submitted a 
formal revision of the District of Columbia SIP. This 1985 submittal 
consisted of D.C. Law 5-165, ``The District of Columbia Air Pollution 
Control Act of 1984''. This law covered a variety of air pollution 
control programs including RACT requirements for major sources of VOC 
and Stage II gasoline vapor recovery requirements.
    On October 22, 1993, the District of Columbia submitted a revision 
to its SIP for VOC RACT to comply with the RACT fix-up and catch-up 
requirements of the Clean Air Act (the Act). This 1993 submittal 
consisted of D.C. Law 10-24, ``Air Pollution Control Act of 1984 
National Ambient Air Quality Standards Attainment Amendment Act of 
1993''. The revision consists of new regulations which require sources 
that emit or have the potential to emit 50 tons per year (tpy) or more 
of VOC in the District ozone nonattainment area to comply with the RACT 
requirements, as well as amendments to Title 20 District of Columbia 
Municipal Regulations (DCMR) Chapter 7--Volatile Organic Compounds.
    On April 8, 1993, the District of Columbia Department of Consumer 
and Regulatory Affairs (DCRA), Environmental Regulation Administration 
submitted a negative declaration for 25 source categories of VOC 
covered by control technique guideline documents (CTG) issued prior to 
November 15, 1990. A negative declaration is a certification that no 
sources exist in the District for specified source categories.
    On September 4, 1997, the District of Columbia submitted a 
supplement to its October 22, 1993, VOC RACT SIP revision. This 
supplement included a negative declaration for additional categories of 
VOC sources covered by CTGs prior to November 15, 1990 and non-CTG 
major sources, to certify that no such sources are located in the 
District.
    On December 16, 1998, the District of Columbia Department of Health 
submitted a revision to its SIP regarding RACT for solvent cleaning 
(degreasing) activities and offset lithography printing operations. 
Amendments to Appendix 5-1, Test Methods for Sources of Volatile 
Organic Compounds and to the definitions and abbreviations were also 
included in this submittal.
    Portions of the June 21, 1985 and October 22, 1993 submittal have 
already been approved into the District's SIP. These include most of 
the definitions in Section 199 of Title 20 of the DCMR, the monitoring, 
reporting and record keeping requirements in Sections 500, 501, and 502 
applicable to the VOC sources covered under Chapter 7--Volatile Organic 
Compounds, and Section 710--Engraving and Plate Printing. The 
deficiencies previously

[[Page 57778]]

identified by EPA in the District's VOC RACT regulations have either 
been rendered moot by the submittal of a negative declaration or 
corrected by the District of Columbia in its October 22, 1993 
submittal.
    For Section 701--Storage of Petroleum Products, Section 702--
Control of VOC Leaks from Petroleum Refinery Sources and Section 709--
Cutback Asphalt of Title 20 of the DCMR, Chapter 7--Volatile Organic 
Compounds, the District decided to take no action on the deficiencies 
identified by EPA because the District has determined that there are no 
sources located in the District subject to these regulations. A 
negative declaration has been submitted by the District of Columbia 
that covers these sources categories. If new major sources in these 
source categories were to locate in the District, they would be subject 
to the SIP's more stringent provisions for New Source Review (NSR).
    Chapter 5--Source Monitoring and Testing of Title 20 of the DCMR 
has been amended by the District of Columbia in its October 22, 1993 
and December 16, 1998 submittals. The District has amended Section 
500--Records and Reports by adding subsections 500.6 and 500.7 to 
address EPA's requirement that owners and operators of stationary 
sources must maintain written records for at least two years. The 
District of Columbia has also amended Section 502--Sampling Test and 
Monitoring by adding subsections 503.13, 502.17 and appendix No. 5 to 
address the federal requirement for specifying the applicable test 
methods for sources of VOC.
    Title 20 of the DCMR, Chapter 7--Volatile Organic Compounds has 
been amended by the District of Columbia in their October 22, 1993 
submittal. The District of Columbia amended Section 703--Terminal Vapor 
Recovery--Gasoline or Volatile Organic Compounds regarding bulk 
gasoline plants and bulk gasoline terminals by adding subsection 703.7 
and by modifying subsections 703.1 and 703.4. The District also added 
subsection 703.6 regarding leaks from gasoline tank trucks and vapor 
collection systems.
    The October 22, 1993 submittal amended requirements in Section 
705--Stage II Gasoline Vapor Recovery that established Stage II 
gasoline vapor controls to be applied to any facility that dispenses 
more than 10,000 gallons per month or 50,000 gallons per month in the 
case of independent small businesses marketers. Language was also 
incorporated to indicate that applicability will be based upon the 
average monthly throughput determined for the two year period prior to 
November 15, 1992 and that any periods of facility inactivity would not 
be included. The regulation stated the average monthly throughput shall 
be calculated using a thirty day rolling average. Also, the term 
``selling'' was replaced in the regulation with the term 
``dispensing''. EPA has determined that the District of Columbia has 
complied with section 182 (b)(3) of the Act and is approving the 
revised Section 705--Stage II Gasoline Vapor Recovery as a revision to 
the District of Columbia's SIP.
    The December 16, 1998 submittal amended Chapter 1 by adding and 
revising definitions; Chapter 5 by adding test methods for degreasing 
and offset lithography to Appendix 5-1, and Chapter 7 by adding new 
sections 708.9 through 708.12 and 716 to regulate solvent cleaning 
(degreasing) activities and offset lithography printing operations.

II. Final Action

    EPA is approving revisions to the District of Columbia SIP 
submitted on June 21, 1985, October 22, 1993, and December 16, 1998. 
The revisions to Title 20 DCMR, Chapter 7--Volatile Organic Compounds 
consist of the District's revised Stage II gasoline vapor recovery 
requirements and RACT requirements for major sources of VOC.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipate no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on December 13, 1999 without further 
notice unless EPA receives adverse comment by November 26, 1999. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under E.O. 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Orders on Federalism

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If EPA complies by consulting, E.O. requires EPA to 
provide to the Office of Management and Budget a description of the 
extent of EPA's prior consultation with representatives of affected 
state, local, and tribal governments, the nature of their concerns, 
copies of written communications from the governments, and a statement 
supporting the need to issue the regulation. In addition, E.O. 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of state, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule. On August 4, 1999, President Clinton issued 
a new executive order on federalism, Executive Order 13132 [64 FR 43255 
(August 10, 1999)] which will take effect on November 2, 1999. In the 
interim, the current Executive Order 12612 [52 FR 41685 (October 30, 
1987)] on federalism still applies. This rule will not have a 
substantial direct effect on States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 12612. The rule affects only one State, and does not 
alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act.

C. Executive Order 13045

    E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that the EPA determines (1) is ``economically 
significant,'' as defined under E.O. 12866, and (2) the environmental 
health or safety risk addressed by the rule has a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children and explain why the planned regulation is

[[Page 57779]]

preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency. This final rule is not subject 
to E.O. 13045 because it is not an economically significant regulatory 
action as defined by E.O. 12866, and it does not address an 
environmental health or safety risk that would have a disproportionate 
effect on children.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If EPA complies by 
consulting, Executive Order 13084 requires EPA to provide to the Office 
of Management and Budget, in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected and 
other representatives of Indian tribal governments ``to provide 
meaningful and timely input in the development of regulatory policies 
on matters that significantly or uniquely affect their communities.'' 
Today's rule does not significantly or uniquely affect the communities 
of Indian tribal governments. This action does not involve or impose 
any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, 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).

F. Unfunded Mandates

    Under Section 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 
annual costs to State, local, or tribal governments in the aggregate; 
or to 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 annual 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.

G. 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).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action to approve amendments to the District of 
Columbia's VOC RACT rules and its Stage II Vapor Recovery Program must 
be filed in the United States Court of Appeals for the appropriate 
circuit by December 27, 1999. Filing a petition for reconsideration by 
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).)

List of Subjects in 40 CFR Part 52

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

    Dated: October 5, 1999.
Thomas Voltaggio,
Acting Regional Administrator, Region III.

    40 CFR part 52 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 J--District of Columbia

    2. In Sec. 52.470, the entries for Chapter 1, Section 199; Chapter 
5, Section 599; all of Chapter 7; and all of Chapter 9 in the ``EPA 
Approved Regulations for the District of Columbia'' table in paragraph 
(c) are revised. The entry for Chapter 5, Sections 500.6 is added to 
this table after the existing entry for Chapter 5, Sections 500.4 and 
500.5. The entry for Chapter 5, Sections 502.17 is added to this table 
after the existing entry for Chapter 5, Sections 502.1 through 502.15. 
The entry for Appendices is added to this table after the revised entry 
for Chapter 9. The amendments read as follows:


Sec. 52.470  Identification of plan.

* * * * *
    (c) EPA approved regulations.

[[Page 57780]]



                                  EPA-Approved District of Columbia Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation                Title/subject      effective    EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
                                               Chapter 1--General
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Section 199.......................  Definitions and         10/02/98  10/27/99............  Added/revised
                                     Abbreviations.                   [Insert Federal        definitions,
                                                                       Register cite].       effective 03/15/85:
                                                                                             condensate, dry
                                                                                             cleaning facility,
                                                                                             external floating
                                                                                             roof, petroleum
                                                                                             refinery complex,
                                                                                             solvent recovery
                                                                                             dryer, vapor
                                                                                             mounted seal, waxy
                                                                                             heavy pour crude
                                                                                             oil effective 10/02/
                                                                                             98: Director,
                                                                                             volatile organic
                                                                                             compounds
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                    Chapter 5--Source Monitoring and Testing
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Section 500.6.....................  Records and Reports.    09/30/93  10/27/99............  ....................
                                                                      [Insert Federal
                                                                       Register cite].
 
*                  *                  *                  *                  *                  *
                                                        *
Section 502.17....................  Sampling Tests, and     09/30/93  10/27/99............  ....................
                                     Measurements.                    [Insert Federal
                                                                       Register cite].
 
*                  *                  *                  *                  *                  *
                                                        *
Section 599.......................  Definitions and         09/30/93  10/27/99............  ....................
                                     Abbreviations.                   [Insert Federal
                                                                       Register cite].
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                     Chapter 7--Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 700.......................  Organic Solvents....    03/15/85  10/27/99............
                                                                      [Insert Federal
                                                                       Register cite].
Section 701.1 through 701.3.......  Storage of Petroleum    03/15/85  10/27/99............
                                     Products.                        [Insert Federal
                                                                       Register cite].
Section 702.......................  Control of VOC leaks    03/15/85  10/27/99............
                                     from Petroleum                   [Insert Federal
                                     Refinery Equipment.               Register cite].
Section 703.2, 703.3..............  Terminal Vapor          03/15/85  10/27/99............
                                     Recovery--Gasoline               [Insert Federal
                                     or VOCs.                          Register cite].
Section 703.1, 703.4 through 703.7  Terminal Vapor          09/30/93  10/27/99............
                                     Recovery--Gasoline               [Insert Federal
                                     or VOCs.                          Register cite].
Section 704.......................  Stage I--Vapor          03/15/85  10/27/99............
                                     Recovery.                        [Insert Federal
                                                                       Register cite].
Section 705.4 through 705.14......  Stage II--Gasoline      03/15/85  10/27/99............
                                     Vapor Recovery.                  [Insert Federal
                                                                       Register cite].
Section 705.1 through 705.3.......  Stage II--Gasoline      09/30/93  10/27/99............
                                     Vapor Recovery.                  [Insert Federal
                                                                       Register cite].
Section 706.......................  Petroleum dry           03/15/85  10/27/99............
                                     Cleaners.                        [Insert Federal
                                                                       Register cite].
Section 707.......................  Perchloroethylene       03/15/85  10/27/99............
                                     Dry Cleaning.                    [Insert Federal
                                                                       Register cite].
Section 708.1 through 708.8.......  Solvent Cleaning....    03/15/85  10/27/99............
                                                                      [Insert Federal
                                                                       Register cite].
Section 708.9 through 708.12......  Solvent Cleaning....    10/02/98  10/27/99............
                                                                      [Insert Federal
                                                                       Register cite].
Section 709.......................  Asphalt Operations..    03/15/85  10/27/99............
                                                                      [Insert Federal
                                                                       Register cite].
Section 710.......................  Engraving and Plate     03/15/85  8/4/92 57 FR 34249..
                                     Printing.
Section 711.......................  Pumps and               03/15/85  10/27/99............
                                     Compressors.                     [Insert Federal
                                                                       Register cite].
Section 712.......................  Waste Gas Disposal      03/15/85  10/27/99............
                                     from Ethylene                    [Insert Federal
                                     Producing Plant.                  Register cite].
Section 713.......................  Waste Gas Disposal      03/15/85  10/27/99............
                                     from Blow-down                   [Insert Federal
                                     Systems.                          Register cite].

[[Page 57781]]

 
Section 715.......................  Reasonably Available    09/30/93  10/27/99............
                                     Control Technology.              [Insert Federal
                                                                       Register cite].
Section 716.......................  Offset Lithography..    10/02/98  10/27/99............
                                                                      [Insert Federal
                                                                       Register cite].
Section 799.......................  Definitions and         10/02/98  10/27/99............
                                     Abbreviations.                   [Insert Federal
                                                                       Register cite].
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                   Chapter 9--Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants
----------------------------------------------------------------------------------------------------------------
Section 904.......................  Oxygenated Fuels....    09/30/93  1/26/95.............
                                                                      60 FR 5134..........
----------------------------------------------------------------------------------------------------------------
                                                   Appendices
----------------------------------------------------------------------------------------------------------------
Appendix 1........................  Emission Limits for     03/15/85  8/28/95.............
                                     Nitrogen Oxide.                  60 FR 44431.........
Appendix 2........................  Table of Allowable      03/15/85  8/28/95.............
                                     Particulate                      60 FR 44431.........
                                     Emissions from
                                     Process Sources.
Appendix 3........................  Allowable VOC           03/15/85  8/28/95.............
                                     Emissions Under                  60 FR 44431.........
                                     Section 710.
Appendix 5........................  Test Methods for        10/02/98  10/27/99............
                                     Sources of Volatile              [Insert Federal
                                     Organic Compounds.                Register cite].
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

    3. Section 52.478 is added to read as follows:


Sec. 52.478  Rules and Regulations.

    (a) On April 8, 1993, the District of Columbia submitted a letter 
to EPA declaring that there are no sources located in the District 
belonging to the following VOC categories:
    (1) Automobile and light-duty truck manufacturing;
    (2) Coating of cans, coils, paper, fabric and vinyl, metal 
furniture, large appliances, magnet wire, miscellaneous metal parts and 
products, and flatwood paneling;
    (3) Storage of petroleum liquids in fixed-roof tanks and external 
floating-roof tanks;
    (4) Bulk gasoline plants and terminals;
    (5) Petroleum refinery sources;
    (6) Petroleum refinery equipment leaks;
    (7) Manufacture of synthesized pharmaceutical products, pneumatic 
rubber tires, vegetable oil, synthetic organic chemicals (fugitive VOCs 
and air oxidation), and high density polyethylene, polypropylene and 
polystyrene resins;
    (8) Graphic arts systems;
    (9) Storage, transportation and marketing of VOCs (fugitive VOCs 
from oil and gas production and natural gas and gasoline processing).
    (b) On September 4, 1997, the District of Columbia submitted a 
letter to EPA declaring that there are no sources located in the 
District which belong to the following VOC categories:
    (1) Coating of plastic parts (business machines and other);
    (2) Aerospace;
    (3) Shipbuilding and repair;
    (4) Automobile refinishing;
    (5) Industrial wastewater;
    (6) Distillation or reactor or batch processes in the synthetic 
organic chemical manufacturing industry;
    (7) Volatile organic storage;
    (8) Wood furniture coatings;
    (9) Offset lithography;
    (10) Clean-up solvents.

[FR Doc. 99-26849 Filed 10-26-99; 8:45 am]
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