21702 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

shall be submitted and shall be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

VI. Reference

The following reference has been

placed on display in the Dockets

Management Branch (address above)

and may be seen by interested persons

between 9 a.m. and 4 p.m., Monday

through Friday.

1. Memorandum from M. DiNovi,

Chemistry Review Branch, CFSAN, FDA, to

P. Hansen, Biotechnology Policy Branch,

CFSAN, FDA, dated April 28, 1994.

List of Subjects in 21 CFR Part 172

Food additives, Reporting and

recordkeeping requirements.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 172 is

amended as follows:

PART 172—FOOD ADDITIVES

PERMITTED FOR DIRECT ADDITION

TO FOOD FOR HUMAN

CONSUMPTION

1. The authority citation for 21 CFR

part 172 continues to read as follows:

Authority: Secs. 201, 401, 402, 409, 701,

721 of the Federal Food, Drug, and Cosmetic

Act (21 U.S.C. 321, 341, 342, 348, 371, 379e).

2. Section 172.800 is amended by

adding new paragraph (c)(12) to read as

follows:

§ 172.800 Acesulfame potassium.

* * * * *

(c) * * *

(12) Alcoholic beverages.

* * * * *

Dated: April 24, 1995.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 95–10897 Filed 5–2–95; 8:45 am]

BILLING CODE 4160–01–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 95–5–6924; FRL–5190–8]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Mojave

Desert Air Quality Management District

and San Bernardino County Air

Pollution Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on January 19,

1995. The revisions concern rules from

the Mojave Desert Air Quality

Management District (MDAQMD) and

the San Bernardino County Air

Pollution Control District (SBCAPCD).

This approval action will incorporate

these rules into the federally approved

SIP. The intended effect of approving

these rules is to regulate emissions of

volatile organic compounds (VOCs) in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The revised rules

control VOC emissions from the

loading, transfer, and storage of organic

liquids, including gasoline. Thus, EPA

is finalizing the approval of these

revisions into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

EFFECTIVE DATE: This action is effective

on June 2, 1995.

ADDRESSES: Copies of the rules and

EPA’s evaluation report for each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

available for inspection at the following

locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

Mojave Desert Air Quality Management

District (formerly San Bernardino

County APCD), 15428 Civic Drive,

Suite 200, Victorville, CA 92392–

2383.

FOR FURTHER INFORMATION CONTACT:

Duane F. James, Rulemaking Section

(A–5–3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1191.

SUPPLEMENTARY INFORMATION:

Background

On January 19, 1995, in 60 FR 3794,

EPA proposed to approve the following

rules into the California SIP:

MDAQMD’s Rule 461, ‘‘Gasoline

Transfer and Dispensing,’’ and Rule 462,

‘‘Organic Liquid Loading,’’ and

SBCAPCD’s Rule 463, ‘‘Storage of

Organic Liquids’’ (the NPRM). Rules 461

and 462 were adopted by MDAQMD on

May 25, 1994, and Rule 463 was

adopted by SBCAPCD on November 2,

1992. These rules were submitted by the

California Air Resources Board to EPA

on January 11, 1993 (Rule 463) and July

13, 1994 (Rules 461 and 462). These

rules were submitted in response to

EPA’s 1988 SIP-Call and the CAA

section 182(a)(2)(A) requirement that

nonattainment areas fix their reasonably

available control technology (RACT)

rules for ozone in accordance with EPA

guidance that interpreted the

requirements of the pre-amendment Act.

A detailed discussion of the background

for each of the above rules and

nonattainment areas is provided in the

NPRM cited above.

EPA has evaluated all of the above

rules for consistency with the

requirements of the CAA and EPA

regulations and EPA interpretation of

these requirements as expressed in the

various EPA policy guidance documents

referenced in the NPRM cited above.

EPA has found that the rules meet the

applicable EPA requirements. A

detailed discussion of the rule

provisions and evaluations has been

provided in the NPRM and in technical

support documents available at EPA’s

Region IX office, dated July 14, 1994

(Rule 463) and August 26, 1994 (Rules

461 and 462).

Response to Public Comments

A 30-day public comment period was

provided in the NPRM. EPA received no

comments on Rules 461, 462, and 463.

EPA Action

EPA is finalizing action to approve

the above rules for inclusion into the

California SIP. EPA is approving the

submittal under section 110(k)(3) as

meeting the requirements of section

110(a) and Part D of the CAA. This
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21703

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of VOCs in

accordance with the requirements of the

CAA.

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.

Regulatory Process

The OMB has exempted this action

from review under Executive Order

12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: April 6, 1995.

Nora L. McGee,

Acting Regional Administrator.

Part 52, 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. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraphs (c) (191)(i)(C) and

(198)(i)(E) to read as follows:

52.220 Identification of plan.

* * * * *

(c) * * *

(191) * * *

(i) * * *

(C) San Bernardino County Air

Pollution Control District.

(1) Rule 463, adopted on November 2,

1992.

* * * * *

(198) * * *

(i) * * *

(E) Mojave Desert Air Quality

Management District.

(1) Rules 461 and 462, adopted on

May 25, 1994.

* * * * *

[FR Doc. 95–10816 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 52

[WA25–1–6520a; FRL–5190–1]

Approval and Promulgation of

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection

Agency (EPA) is approving in part,

disapproving in part, and taking no

action on the Regulations of the

Southwest Air Pollution Control

Authority (SWAPCA) for the control of

air pollution in Clark, Cowlitz, Lewis,

Skamania, and Wahkiakum Counties,

Washington, as revisions to the

Washington State Implementation Plan

(SIP). These Regulations were submitted

by the Director of the Washington State

Department of Ecology (WDOE) on April

11, 1994. In accordance with

Washington statutes, SWAPCA rules

must be at least as stringent as the

WDOE statewide rules.

DATES: This action will be effective on

July 3, 1995 unless adverse or critical

comments are received by June 2, 1995.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Air Programs Branch (AT–

082), EPA, Docket # WA25–1–6520,

1200 Sixth Avenue, Seattle, Washington

98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center, EPA,

401 M Street, SW, Washington, D.C.

20460. Copies of material submitted to

EPA may be examined during normal

business hours at the following

locations: EPA, Region 10, Air Programs

Branch, 1200 Sixth Avenue (AT–082),

Seattle, Washington 98101, and

Washington Department of Ecology, PO

Box 47600, Olympia, Washington

98504.

FOR FURTHER INFORMATION CONTACT:

Kelly McFadden, Air Programs Branch

(AT–082), EPA, Region 10, Seattle,

Washington 98101, (206) 553–1059.

SUPPLEMENTARY INFORMATION:

I. Background

On April 11, 1994, the Director of

WDOE submitted to EPA Region 10

regulations for SWAPCA affecting Clark,

Cowlitz, Lewis, Skamania, and

Wahkiakum Counties. SWAPCA and

WDOE held joint public hearings on

June 15, 1993 and September 21, 1993,

to receive public comments on the

revisions to SWAPCA’s rules and the

submittal to EPA as a revision to the

Washington SIP.

SWAPCA requested that the WDOE

submit these additions to EPA for

incorporation into the Washington SIP.

II. Description of Plan Revisions

The SWAPCA amendments submitted

by WDOE on April 11, 1994 for

inclusion into the Washington SIP are

local air pollution regulations which are

at least as stringent as the statewide

rules of the WDOE. EPA is approving in

part, disapproving in part, and taking no

action on the various portions of

SWAPCA’s submitted regulations. In

this rulemaking, EPA is approving the

following sections, except as noted,

adopted by SWAPCA on September 21,

1993 under SWAPCA Regulation 400,

General Regulations for Air Pollution

Sources, as a revision to the Washington

SIP:

400–010 Policy and Purpose

400–020 Applicability

400–030 Definitions, except the

second sentences of (14) and (43)

400–040 General Standards for

Maximum Emissions, except (1) (c)

and (d), (2), (4), and the exception

provision of (6)(a)

400–050 Emission Standards for

Maximum Emissions, except the

exception provision in (3)

400–052 Stack Sampling of Major

Combustion Sources

400–060 Emission Standards for

General Process Units

400–070 Emission Standards for

Certain Source Categories, except

(7)

400–081 Startup and Shutdown

400–090 Voluntary Limits on

Emissions

400–100 Registration and Operating

Permits, except the first sentence of

(3) (a)(iv), (a)(v) and (5)

400–101 Sources Exempt From

Registration Requirements

400–105 Records, Monitoring and

Reporting

400–107 Excess Emissions

400–110 New Source Review

400–112 Requirements for New

Sources in Nonattainment Area

400–113 Requirements for New

Sources in Attainment or

Nonclassifiable Areas