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be reviewed and modified as part of the

maintenance plan.’’

Response to CACI Comment 7: The

reader is referred to EPA’s responses to

CACI’s Comment 1 and CPA’s Comment

2. In addition, EPA notes that it does not

have the discretion to unilaterally

withhold action on the submittals of the

1989 and 1990 Reg. 7 revisions until the

State submits its redesignation request

and maintenance plan. EPA will work

with the State in developing its

redesignation request and maintenance

plan, if so requested, to determine if any

modifications to Reg. 7 are legally

supported.

Final Action

EPA is approving Colorado’s Ozone

SIP revisions, submitted by the

Governor on September 27, 1989, and

August 30, 1990. These revisions consist

of amendments to Reg. 7.

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 any 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.

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 CAA 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, I

certify that it does not have significant

impact on any small entities affected.

Moreover, due to the nature of the

federal-state relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

This action has been classified as a

Table 2 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993,

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The Office of

Management and Budget has exempted

this regulatory action from Executive

Order 12866 review.

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by July 31, 1995. 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)).

Approval of this specific revision to

the SIP does not indicate EPA approval

of the SIP in its entirety.

Executive Order 12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of 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

Colorado was approved by the Director of the

Federal Register on July 1, 1980.

Authority: 42 U.S.C. 7401–7671q.

Dated: April 19, 1995.

William P. Yellowtail,

Regional Administrator.

40 CFR part 52, subpart G, 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 G—Colorado

2. Section 52.320 is amended by

adding paragraph (c)(70) to read as

follows:

§ 52.320 Identification of plan.

* * * * *

(c) * * *

(70) Revisions to the Colorado State

Implementation Plan were submitted by

the Governor on September 27, 1989,

and August 30, 1990. The revisions

consist of amendments to the Ozone

provisions in Regulation No. 7,

‘‘Regulation To Control Emissions of

Volatile Organic Compounds.’’

(i) Incorporation by reference.

(A) Revisions to Regulation No. 7,

Sections 7.I (Applicability), 7.II (General

Provisions), 7.III (General Requirements

for Storage and Transfer of Volatile

Organic Compounds), 7.IV (Storage of

Highly Volatile Organic Compounds),

7.V (Disposal of Volatile Organic

Compounds), 7.VI (Storage and Transfer

of Petroleum Liquid), 7.VIII (Petroleum

Processing and Refining), 7.IX (Surface

Coating Operations), 7.X (Use of

Solvents for Degreasing and Cleaning),

7.XI (Use of Cutback Asphalt), 7.XII

(Control of VOC Emissions from Dry

Cleaning Facilities Using

Perchloroethylene as a Solvent), 7.XIII

(Graphic Arts), 7.XIV (Pharmaceutical

Synthesis), 7.XV (Control of Volatile

Organic Compound Leaks from Vapor

Collection Systems Located at Gasoline

Terminals, Bulk Plants, and Gasoline

Dispensing Facilities), and Appendices

A (Criteria for Control of Vapors from

Gasoline Transfer to Storage Tanks), B

(Criteria for Control of Vapors from

Gasoline Transfer at Bulk Plants-Vapor

Balance System), and D (Test

Procedures for Annual Pressure/

Vacuum Testing of Gasoline Transport

Trucks). The following new emission

sources and appendices were added to

Regulation No. 7: 7.IX.A.7 (Fugitive

Emission Control), 7.IX.N. (Flat Wood

Paneling Coating), 7.IX.O. (Manufacture

of Pneumatic Rubber Tires), and

Appendix E (Emission Limit Conversion

Procedure). These revisions became

effective on October 30, 1989, and

August 30, 1990.

(ii) Additional material.

(A) February 5, 1992, letter from John

Leary, Acting Director, Colorado Air

Pollution Control Division, to Douglas

Skie, EPA. This letter contained the

State’s commitment to conduct capture

efficiency testing using the most recent

EPA capture efficiency protocols, and

the commitment to adopt federal

capture efficiency test methods after

they are officially promulgated by EPA.

[FR Doc. 95–13118 Filed 5–26–95; 8:45 am]

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