ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0717; FRL-]

Approval and Promulgation of Implementation Plans; Arizona; 

Update to Stage II Gasoline Vapor Recovery Program; Change in 

the Definition of “Gasoline” to Exclude “E85”

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Under the Clean Air Act, EPA is proposing to approve 

certain revisions to the Arizona State Implementation Plan

submitted by the Arizona Department of Environmental Quality. 

These revisions concern amendments to the statutory and 

regulatory provisions adopted by the State of Arizona to 

regulate volatile organic compound emissions from the transfer 

of gasoline from storage tanks to motor vehicle fuel tanks at 

gasoline dispensing sites, i.e., stage II vapor recovery. The 

revisions would also amend the definition of “gasoline” to 

explicitly exclude E85 and thereby amend the requirements for 

fuels available for use in the Phoenix metropolitan area as well 

as the requirements for vapor recovery. In proposing approval of

the revisions, EPA is proposing to waive the statutory stage II 

vapor recovery requirements at E85 dispensing pumps within the 

Phoenix area. Lastly, EPA is proposing to correct an EPA 

rulemaking that approved a previous version of the Arizona rules 
2

regulating these sources. 

DATES: Comments must be received on or before [Insert date 60 

days from the date of publication in the Federal Register].

Anyone wishing the opportunity for the oral presentation of 

data, views, or arguments, must submit a request on or before

[Insert date 15 days from the date of publication in the Federal 

Register].

ADDRESSES: Submit comments, identified by docket number EPAR09-OAR-2010-0717, by one of the following methods:

1. Federal eRulemaking Portal: www.regulations.gov. Follow 

the on-line instructions.

2. E-mail: steckel.andrew@epa.gov.

3. Mail or deliver: Andrew Steckel (AIR-4), U.S. Environmental 

Protection Agency Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105-3901. 

Instructions: All comments will be included in the public 

docket without change and may be made available online at 

www.regulations.gov, including any personal information 

provided, unless the comment includes Confidential Business 

Information (CBI) or other information whose disclosure is 

restricted by statute. Information that you consider CBI or 

otherwise protected should be clearly identified as such and 

should not be submitted through www.regulations.gov or e-mail. 
3

www.regulations.gov is an “anonymous access” system, and EPA 

will not know your identity or contact information unless you 

provide it in the body of your comment. If you send e-mail 

directly to EPA, your e-mail address will be automatically 

captured and included as part of the public comment. If EPA 

cannot read your comment due to technical difficulties and 

cannot contact you for clarification, EPA may not be able to 

consider your comment. Electronic files should avoid the use of 

special characters, any form of encryption, and be free of any 

defects or viruses.

Docket: The index to the docket for this action is available 

electronically at www.regulations.gov and in hard copy at EPA 

Region IX, 75 Hawthorne Street, San Francisco, California. While 

all documents in the docket are listed in the index, some

information may be publicly available only at the hard copy 

location (e.g., copyrighted material), and some may not be 

publicly available in either location (e.g., CBI). To inspect 

the hard copy materials, please schedule an appointment during 

normal business hours with the contact listed in the FOR FURTHER 

INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: For further information on the 

revisions to the Arizona State Implementation Plan submitted by 

the Arizona Department of Environmental Quality, contact Mr. 
4

Andrew Steckel, EPA Region IX, 75 Hawthorne Street (AIR-4), San 

Francisco, CA 94105, phone number (415) 947-4115, fax number 

(415) 947-3579, or by email at steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, “we,”

“us,” and “our” refer to EPA.

Table of Contents

I. The State’s Submittal

A. What did the State submit for EPA Action?

B. Are there other versions of these provisions in the 

Arizona SIP?

C. What are the relevant statutory provisions?

D. What is the purpose of the submitted SIP revision? 

II. EPA’s Evaluation and Action.

A. How is EPA evaluating the statutes and rules?

B. Do the statutes and rules meet the evaluation 

criteria?

1. Clean Air Act Requirements

2. Arizona’s Stage II Vapor Recovery Requirements

3. Compliance with CAA Section 182(b)(3) Stage II 

Requirements

4. Compliance with CAA Section 110(l)

C. Correction of Previous Rulemaking

III. Proposed Action and Request for Public Comment.
5

IV. Statutory and Executive Order Reviews

I. The State’s Submittal

A. What did the State submit for EPA Action?

On September 21, 2009, the Arizona Department of 

Environmental Quality (ADEQ) submitted a revision to the Arizona 

state implementation plan (SIP) updating the gasoline vapor 

recovery program that was originally submitted and approved by 

EPA in 1994 to meet certain applicable requirements of the Clean 

Air Act, as amended in 1990 (CAA or “Act”).

1 The specific 

revisions include statutory provisions and administrative rules

regulating the emissions of volatile organic compounds (VOC) due 

to the transfer of gasoline from storage tanks (typically 

underground) to motor vehicle fuel tanks at gasoline stations in 

the Phoenix metropolitan area. The statutory provisions and 

administrative rules are contained in enclosures 3 and 4 of 

ADEQ’s September 21, 2009 SIP revision submittal package.2

 

1 Gasoline dispensing pump vapor control devices, commonly referred to as 

“stage II” vapor recovery, are systems that control VOC vapor releases during 

the refueling of motor vehicles. This process takes the vapors normally 

emitted directly into the atmosphere when pumping gas and recycles them back 

into the fuel storage tank, preventing them from polluting the air. For more 

information on Stage II vapor recovery systems, please see EPA’s proposed 

rule, “Air Quality: Widespread Use for Onboard Refueling Vapor Recovery and 

Stage II Waiver,” 76 FR 41731, at 41734 (July 15, 2011).

2 By letter dated April 12, 2011, ADEQ substituted the statutes and rules in 

enclosures 3 and 4 as submitted on September 21, 2009 with official,

published versions of the same statutes and rules in keeping with the 

requirements. ADEQ did so in response to an EPA request for the official, 

published versions of the statutes and rules to comply with the requirements

established by the Office of the Federal Register for incorporating such 

materials by reference into the Code of Federal Regulations. 
6

ADEQ’s submittal represents an update to the stage II 

requirements but is comprehensive in that the submitted 

statutory and regulatory provisions also address general 

requirements related to stage I vapor recovery.3 While ADEQ’s 

submittal relates almost entirely to the state’s vapor recovery 

program, it also amends the State’s fuels program by amending 

the definition of the term “gasoline” to exclude “E85,” a change 

that affects both the gasoline fuels program established for the 

Phoenix metropolitan area and the stage II vapor recovery 

program because both programs now rely on that particular 

definition. ADEQ’s September 21, 2009 SIP revision submittal 

also contains adequate documentation of public notice, 

opportunity for comment, and a public hearing on the proposed 

SIP revision (see enclosure 5 of the submittal). The public 

participation materials submitted by ADEQ demonstrate compliance 

with the procedural requirements set forth in section 110(l) of 

the Clean Air Act (CAA or “Act”). (The substantive requirements 

of section 110(l) are discussed in section II.B.4 of this 

document.)

 

3 “Stage I” vapor recovery refers to the collection of VOC emissions expelled 

from underground storage tanks at gasoline stations when being refilled by 

tank trucks. The Maricopa County Air Quality Department (MCAQD) implements 

its own stage I vapor recovery regulation within the Phoenix metropolitan 

area, Regulation III, Rule 353 (“Transfer of Gasoline into Stationary Storage 

Dispensing Tanks”). EPA approved MCAQD rule 353 and incorporated it into the 

Arizona SIP. See 61 FR 3578 (February 1, 1996). MCAQDM’s stage I vapor 

recovery program and related rule are not affected by today’s proposed 

action. 
7

Table 1 lists the statutory provisions, and table 2 lists 

the administrative rules, that were submitted by ADEQ on 

September 21, 2009 and that we are proposing to approve in 

today’s action.

Table 1 - Submitted Statutory Provisions

Arizona Revised 

Statutes Title Submitted

Title 41, 

chapter 15, 

article 1, 

section 41-2051

Definitions: subsection 6 

(“Certification”), subsection 10 

(“Department”), subsection 11 

(“Diesel fuel”), subsection 12 

(“Director”), and subsection 13 

(“E85”).

09/21/09

Title 41, 

chapter 15, 

article 6, 

section 41-2121

Definitions: subsection 5 

(“Gasoline”)

09/21/09

Title 41, 

chapter 15, 

article 7, 

section 41-2131

Definitions: subsection 1 

(“Annual throughput”), subsection 

2 (“Clean air act”), subsection 3 

(“Gasoline dispensing site”), 

subsection 4 (“Stage I vapor 

collection system”), subsection 5 

(“Stage II vapor collection 

system”), and subsection 6 

(“Vapor control system”).

09/21/09

Title 41, 

chapter 15, 

article 7, 

section 41-2132

Stage I and stage II vapor 

recovery systems

09/21/09

Title 41, 

chapter 15, 

article 7, 

section 41-2133

Compliance schedules 09/21/09

Table 2 - Submitted Rules
8

Arizona 

Administrative 

Code

Rule Title

Effective 

Date (for 

state 

purposes)

Submitted

Title 20, chapter 

2, article 1, 

section R20-2-101

Definitions 06/05/04 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-901

Material 

Incorporated by 

Reference

06/05/04 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-902

Exemptions 06/05/04 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-903

Equipment and 

Installation

06/05/04 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-904

Application 

Requirements and 

Process for 

Authority to 

Construct Plan

Approval

06/05/04 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-905

Initial 

Inspection and 

Testing

06/05/04 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-907

Operation 10/08/98 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-908

Training and 

Public Education

10/08/98 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-909

Recordkeeping and 

Reporting

10/08/98 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-910

Annual Inspection 

and Testing

06/05/04 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-911

Compliance 

Inspections

06/05/04 09/21/09

Title 20, chapter 

2, article 9, 

section R20-2-912

Enforcement 06/05/04 09/21/09
9

On March 21, 2010, the submittal of these rules for ADEQ

was deemed by operation of law to meet the completeness criteria 

in 40 CFR part 51, appendix V, which must be met before formal 

EPA review.

B. Are there other versions of these provisions in the Arizona 

SIP?

On November 1, 1994 (59 FR 54521), we approved Arizona’s 

stage II vapor recovery rules that had been adopted by the 

Arizona Department of Weights and Measures (ADWM) on August 27, 

1993 and submitted to us by ADEQ on May 27, 1994. Specifically, 

we approved the following sections of title 4, chapter 31, 

article 9 (“Gasoline Vapor Control”) of the Arizona 

Administrative Code (AAC):

R4-31-901 - Definitions;

R4-31-902 - Material incorporated by reference;

R4-31-903 – Exemptions; 

R4-31-904 - Equipment and installation;

R4-31-905 - Plan review and approval; 

R4-31-906 – Operation;

R4-31-907 - Training and public education;

R4-31-908 - Recordkeeping and reporting;
10

R4-31-909 - Annual tests; and

R4-31-910 – Enforcement.

In our 1994 final rule, we made an error in how we codified 

the stage II vapor recovery rules into the Arizona SIP, and are

proposing to correct that error in today’s proposed action (see 

section II.C of this document).

The Arizona statutory provisions that establish stage II 

vapor recovery requirements were originally submitted to EPA on 

November 13, 1992, and later re-submitted on February 16, 1993, 

but, in approving the amended Stage II vapor recovery rules 

submitted in 1994, EPA inadvertently neglected to approve the 

statutory provisions that had been submitted the previous year. 

Thus, there are no previous versions of the ARS provisions 

listed in table 1 with the exception of ARS 41-2121, paragraph 

(5), which defines the term “gasoline.” We approved an earlier 

version of the definition for “gasoline” (then codified in 

paragraph (4) of ARS section 41-2121) in connection with our 

approval of the carbon monoxide redesignation request and 

maintenance plan for Tucson area. See 65 FR 36353 (June 8, 

2000), as corrected at 65 FR 50651 (August 21, 2000) and 69 FR 

12802 (March 18, 2004).

C. What are the relevant statutory provisions?

Under CAA section 182(b)(3), Stage II vapor recovery 
11

systems are required to be used at larger gasoline dispensing 

facilities located in Serious, Severe, and Extreme nonattainment 

areas for ozone.4 Based on deadlines established in the Act, 

within 24 months from the effective date of the initial area 

designation and classification, states must adopt a Stage II 

program into their SIPs, and the controls must be installed 

according to specified deadlines following state rule adoption. 

For existing facilities the installation deadlines depend on the 

date the facilities were built and the monthly volume of 

gasoline dispensed. See CAA sections 182(b)(3)(A)-(B), and 

324(a)-(c).5 

However, the CAA provides discretionary authority to the 

EPA Administrator to, by rule, revise or waive the section 

182(b)(3) Stage II requirement after the Administrator 

determines that On-Board Refueling Vapor Recovery (ORVR) is in 

 

4 See CAA section 182(b)(3), 42 U.S.C. 7511a(b)(3). Originally, the section 

182(b)(3) Stage II requirement also applied in all Moderate ozone 

nonattainment areas. However, under section 202(a)(6) of the CAA, 42 U.S.C. 

7521(a)(6), the requirements of section 182(b)(3) no longer apply in Moderate 

ozone nonattainment areas after EPA promulgated ORVR standards on April 6, 

1994, 59 FR 16262, codified at 40 CFR parts 86 (including 86.098-8), 88 and 

600. Under implementation rules issued in 2004 for the 1997 8-hour ozone 

standard, EPA retained the Stage II-related requirements under section 

182(b)(3) as they applied for the 1-hour ozone standard. 40 CFR 51.900(f)(5). 

5 Section 182(b)(3)(B) has the following effective date requirements for 

implementation of Stage II after the adoption date by a state of a Stage II 

rule: 6 months after adoption of the state rule, for gas stations built 

after the enactment date (which for newly designated areas would be the 

designation date); 1 year after adoption date, for gas stations pumping at 

least 100,000 gal/month based on average monthly sales over 2-year period 

before adoption date; 2 years after adoption, for all others.
12

widespread use throughout the motor vehicle fleet. See CAA 

section 202(a)(6). ORVR consists of an activated carbon canister 

installed in the vehicle into which vapors being expelled from 

the vehicle fuel tanks are forced to flow. There the vapors are 

captured by the activated carbon in the canister. When the 

engine is started, the vapors are drawn off of the activated 

carbon and into the engine where they are burned as fuel. EPA 

promulgated ORVR standards on April 6, 1994, 59 FR 16262.

EPA first began the phase-in of ORVR by requiring that 40 

percent of passenger cars manufactured in model year 1998 be 

equipped with ORVR. The ORVR requirement for passenger cars was 

increased to 100 percent by model year 2000. Phase-in continued 

for other vehicle types and ORVR has been a requirement on 

virtually all new gasoline-powered motor vehicles (passenger 

cars, light trucks, and complete6 heavy-duty gasoline powered 

vehicles under 10,000 lbs gross vehicle weight rating (GVWR))

sold since model year 2006. See 40 CFR part 86. Currently, ORVRequipped vehicles comprise approximately 64 percent of the inservice vehicle fleet nationwide, and account for around 74 

percent of the vehicle miles traveled (VMT) in the nationwide 

fleet. The percentage of non-ORVR vehicles and the percentage of 

 

6 For purposes of ORVR applicability, a “complete” vehicle means a vehicle 

that leaves the primary manufacturer's control with its primary load carrying 

device or container attached.
13

VMT driven by those vehicles declines each year as these older 

vehicles wear out and are removed from service. Since certain 

vehicles are not required to have ORVR, including motorcycles 

and incomplete heavy-duty gasoline powered trucks chassis, under 

current requirements the nationwide motor vehicle fleet would 

never be entirely equipped with ORVR.

Recently, EPA proposed criteria for determining whether 

ORVR is in “widespread use” for purposes of controlling motor 

vehicle refueling emissions throughout the motor vehicle fleet. 

See 76 FR 41731 (July 15, 2011). In EPA’s July 15, 2011 action, 

EPA also proposed, based on the proposed criteria, to establish 

June 30, 2013 as the date on which “widespread use” will occur 

nationally, and to establish June 30, 2013 as the date on which 

a nationwide waiver of Stage II gasoline vapor recovery systems 

will be effective. While, if finalized as proposed, our July 15, 

2011 proposal would establish a nationwide date for determining 

when ORVR is in “widespread use” and for waiving the Stage II 

requirement, it also proposes to allow individual states to

submit SIP revisions that demonstrate that ORVR widespread use 

has occurred (or will occur) on a date earlier than June 30, 

2013 for areas in their states, and to request that the EPA 

revise or waive the section 182(b)(3) requirement as it applies 

to only those areas. See 76 FR at 41733. Consistent with EPA’s 
14

July 15, 2011 proposal to allow States to submit such SIP 

revisions, EPA is today proposing to approve an area-specific

revision to the Arizona SIP and to approve a waiver for a 

specific portion of the motor vehicle fleet in the Phoenix 

metropolitan area.

D. What is the purpose of the submitted SIP revision? 

Under the Clean Air Act, as amended in 1990, the “Phoenix 

area,” defined by the Maricopa Association of Governments’ 

(MAGs’) urban planning area boundary (but later revised to 

exclude the Gila River Indian Community at 70 FR 68339 (November 

10, 2005)), was classified as a “moderate” nonattainment area 

for the 1-hour ozone national ambient air quality standard 

(NAAQS). See 56 FR 56694, at 56717 (November 6, 1991). Later, 

the Phoenix area was reclassified as “serious” for the 1-hour 

ozone standard (62 FR 60001, November 6, 1997). 

As noted above, section 182(b)(3) of the Act required

States with ozone nonattainment areas such as the Phoenix area

to adopt and submit a SIP revision requiring gasoline dispensing 

facilities to install and operate stage II vapor recovery 

equipment. In response, in 1993, ADEQ submitted the statutory 

provisions and rules establishing stage II vapor recovery 

requirements in the Phoenix area, the only area in Arizona

subject to section 182(b)(3) of the Act. In May 1994, ADEQ 
15

submitted amended stage II vapor recovery rules, which EPA then 

approved later that year. See 59 FR 54521 (November 1, 1994).

More recently, the Arizona Legislature has amended the 

relevant statutes (1) to require ADWM to adopt rules to enhance 

compliance with the stage II vapor recovery requirements, (2) to 

explicitly exclude “E85” from the definition of “gasoline,” and 

(3) to extend the geographic area to which stage II vapor 

recovery requirements apply to “area A.”7 Since our approval of 

the stage II vapor recovery rules in 1994, ADWM has renumbered

and recodified its gasoline vapor recovery rules and amended 

them to enhance compliance with the requirements. The purpose of 

ADEQ’s September 21, 2009 SIP revision is to incorporate the 

statutory and regulatory changes described above into the 

Arizona SIP.

EPA’s “Technical Support Document for EPA’s Notice of 

Proposed Rulemaking on Revisions to the Arizona State 

Implementation Plan” (August 2011) (TSD) has more information 

about the statutory provisions and rules and our evaluation, and 

can be found in the docket for this action.

II. EPA’s Evaluation and Action

A. How is EPA evaluating the statutes and rules?

Since 1994, when EPA last approved Arizona’s stage II vapor 

 

7 EPA most recently approved the definition of “area A” as part of the Arizona 

SIP in 2004. See 69 FR 10161 (March 4, 2004).
16

recovery rules, EPA has designated a larger area referred to the 

“Phoenix-Mesa” area as nonattainment for the 1997 8-hour ozone 

standard (69 23858, April 30, 2004),

8 approved the State’s 1-hour 

ozone redesignation request and maintenance plan for the Phoenix 

area (70 FR 34362, June 14, 2005), and revoked the 1-hour ozone 

standard (replaced by the 1997 8-hour ozone standard) effective 

June 15, 2005 (69 FR 23951, April 30, 2004). Notwithstanding the 

redesignation of the Phoenix area and the revocation of the 1-

hour ozone standard, the Phoenix area remains subject to the CAA 

section 182(b)(3) stage II requirement by virtue of its 

classification as “serious” for the 1-hour ozone standard on the 

effective date of the area’s designation as “nonattainment” for 

the 8-hour ozone standard (i.e., on June 15, 2004) under the 

anti-backsliding provisions of EPA’s rules governing the 

transition from the 1-hour to the 8-hour ozone standard. See 40 

CFR 51.905(a). Thus, we have evaluated the submitted statutory 

provisions and rules to ensure Arizona’s stage II program 

complies with section 182(b)(3) of the Act. In addition, we have 

evaluated the submitted statutory provisions and rules for 

enforceability (see CAA section 110(a)(2)), and for noninterference with reasonable further progress or attainment of 

 

8 In 2009, EPA proposed to classify the Phoenix-Mesa nonattainment area as 

“marginal” for the 1997 8-hour ozone standard. See 74 FR 2936 (January 16, 

2009). EPA has not taken final action on the January 2009 proposed rule.
17

the NAAQS (see CAA section 110(l)). 

Guidance and policy documents that we used to evaluate the 

submitted statutory provisions and rules for enforceability and 

compliance with CAA section 182(b)(3) stage II vapor requirement 

requirements include the following:

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, 

and Deviations,” EPA, May 25, 1988 (the Bluebook).

2. “Guidance Document for Correcting Common VOC & Other Rule 

Deficiencies,” EPA Region 9, August 21, 2001 (the Little 

Bluebook).

3. “Draft Model Rule, Gasoline Dispensing Facility - Stage II 

Vapor Recovery,” EPA (August 17, 1992).

4. “Gasoline Vapor Recovery Guidelines,” EPA Region IX (April 

24, 2000).

5. “Removal of Stage II Vapor Recovery in Situations Where 

Widespread Use of Onboard Vapor Recovery is Demonstrated,” 

memorandum from Stephen D. Page, Director, EPA Office of 

Air Quality Planning and Standards, and Margo Tsirigotis 

Oge, Director, EPA Office of Transportation and Air 

Quality, to Regional Air Division Directors, dated December 

12, 2006 (“2006 Page/Oge Memorandum”).

9

 

9 In EPA’s recent national rulemaking regarding waiver of Stage II 

requirements, we indicate that the Agency continues to believe the 2006 

Page/Oge Memorandum is sound guidance in areas where Stage II is currently
18

6. “Removal of Stage II Vapor Recovery from Refueling of 

Corporate Fleets,” memorandum from Stephen D. Page, 

Director, EPA Office of Air Quality Planning and Standards, 

and Margo Tsirigotis Oge, Director, EPA Office of 

Transportation and Air Quality, to Regional Air Division 

Directors, dated November 28, 2007 (“2007 Page/Oge

Memorandum”).

All of the above documents can be found in the docket for this 

rulemaking.

B. Do the statutes and rules meet the evaluation criteria?

1. Clean Air Act Requirements

As discussed in section I.C. of this document, CAA section 

182(b)(3) requires States with ozone nonattainment areas 

classified as “moderate” or worse to adopt regulations requiring 

owners or operators of gasoline dispensing systems to install 

and operate stage II vapor recovery equipment at their 

facilities. The Act specifies that these State rules must apply 

to any facility that dispenses more than 10,000 gallons of 

gasoline per month, or, in the case of an independent small 

business marketer (as defined in CAA section 324), any facility 

 

being implemented, and is unaffected by the proposed national widespread use

determination. See 76 FR 41731, at 41737 (July 15, 2011). In today’s action, 

we rely primarily on the principles and rationale set forth in the 2006 

Page/Oge Memorandum rather than those set forth in EPA’s July 15, 2011 

proposed rule.
19

that dispenses more than 50,000 gallons of gasoline per month. 

Section 202(a)(6) of the Act required EPA to promulgate 

standards requiring that new light-duty vehicles be equipped 

with onboard refueling vapor recovery (ORVR) systems. ORVR 

regulations were promulgated by EPA on April 6, 1994 (see 59 FR 

16262, 40 CFR 86.001 and 40 CFR 86.098). Upon promulgation of 

the ORVR rules, under CAA section 202(a)(6) the stage II 

requirement of section 182(b)(3) no longer applied to moderate 

areas, but only to serious and worse areas. Since model year 

2000, all passenger cars have been required to have ORVR, and 

since 2006, virtually all new gasoline powered motor vehicles 

(passenger cars, light trucks, and complete heavy-duty gasoline 

powered vehicles) have been required to be equipped with ORVR. 

The CAA anticipates that, over the long-term, ORVR will 

reduce the benefit from, and the need for, stage II vapor 

recovery systems at gasoline dispensing sites in ozone 

nonattainment areas. Section 202(a)(6) of the CAA allows EPA to 

revise or waive the application of stage II vapor recovery 

requirements for areas classified as serious, severe, or extreme 

for ozone, as appropriate, after such time as EPA determines 

that ORVR systems are in widespread use throughout the motor 

vehicle fleet. CAA section 202(a)(6) does not specify which 

motor vehicle fleet must be the subject of a widespread use 
20

determination before EPA may revise or waive the section 

182(b)(3) stage II requirement. Nor does the CAA identify what 

level of ORVR use in the motor vehicle fleet must be reached 

before it is “widespread.” To date, EPA has issued two 

memoranda addressing when ORVR widespread use might be found for 

particular fleets.10

EPA expects the possibility of different rates of 

implementation of ORVR across different geographic regions and 

among different types of motor vehicle fleets within any region. 

Given this, EPA does not believe the CAA section 202(a)(6) must 

be read narrowly to allow a widespread use determination and 

waiver of the stage II requirement for a given area or area’s 

fleet only if ORVR use has become widespread through the entire 

United States, or only if ORVR use has reached a definite level 

in each area. Rather, EPA believes that section 202(a)(6) allows 

the Agency to apply the widespread use criterion to either the 

entire motor vehicle fleet in a State or nonattainment area, or 

to special segments of the overall fleet for which ORVR use is 

shown to be sufficiently high, and to base widespread use 

 

10 “Removal of Stage II Vapor Recovery in Situations Where Widespread Use of 

Onboard Vapor Recovery is Demonstrated,” memorandum from Stephen D. Page, 

Director, EPA Office of Air Quality Planning and Standards, and Margo 

Tsirigotis Oge, Director, EPA Office of Transportation and Air Quality, to 

Regional Air Division Directors, dated December 12, 2006; and “Removal of 

Stage II Vapor Recovery from Refueling of Corporate Fleets,” memorandum from 

Stephen D. Page, Director, EPA Office of Air Quality Planning and Standards, 

and Margo Tsirigotis Oge, Director, EPA Office of Transportation and Air 

Quality, to Regional Air Division Directors, dated November 28, 2007.
21

determinations on differing levels of ORVR use, as appropriate. 

EPA also believes that the Act allows the Agency to use an areaspecific rulemaking approving a SIP revision to issue the 

section 202(a)(6) waiver for a relevant fleet in a nonattainment 

area. 

One metric that EPA has recommended in determining whether 

ORVR use is widespread within a given motor vehicle fleet 

considers when VOC emissions resulting from the application of 

ORVR controls alone equal the VOC emissions when both stage II 

vapor recovery systems and ORVR controls are used, after 

accounting for incompatibility excess emissions. The 

incompatibility excess emissions factor relates to losses in 

control efficiency when certain types of stage II and ORVR are 

used together. EPA believes that one reasonable widespread use 

metric based on comparable VOC emissions will likely have been 

reached when the percentage of motor vehicles in service with 

ORVR, the vehicle miles traveled (VMT) by ORVR-equipped 

vehicles, or the gasoline dispensed to ORVR-equipped vehicles 

reaches 95 percent. See the 2006 Page/Oge Memorandum, page 2.

Application of the 95 percent criterion could lead, for example, 

to waiver of stage II vapor recovery requirements at gasoline 

dispensing sites that exclusively fuel new automobiles at 

assembly plants and rental cars at rental car facilities given 
22

the high percentage (essentially 100%) of ORVR-equipped vehicles 

associated with such facilities.

2. Arizona’s Stage II Vapor Recovery Requirements 

Arizona’s stage II vapor recovery requirements are set 

forth in state law (codified in the Arizona Revised Statutes) 

and administrative rules adopted by ADWM (codified in the 

Arizona Administrative Code). Arizona Revised Statutes (ARS) 

section 41-2132 (“Stage I and stage II vapor recovery systems”) 

requires gasoline dispensing sites to be equipped with a stage 

II vapor collection system. The requirement applies within “an 

ozone nonattainment area designated as moderate, serious, severe 

or extreme by the United States environmental protection agency 

under § 107(d) of the clean air act, area A or other 

geographical area... .” ARS section 41-2132(C). “Area A” is 

defined in ARS section 49-541 and it includes all of the 

metropolitan Phoenix former 1-hour ozone nonattainment area plus 

additional areas in Maricopa County to the north, east, and 

west, as well as small portions of Yavapai County and Pinal 

County. ADEQ did not submit ARS section 49-541 to EPA as part of 

the stage II vapor recovery SIP update revision on September 21, 

2009, but EPA has previously approved the current definition of 

“area A” from ARS section 49-541 into the SIP. See 69 FR 10161 

(March 4, 2004). 
23

ARS 41-2132 also provides an exemption for gasoline 

dispensing sites with a throughput of less than 10,000 gallons 

per month or less than 50,000 gallons per month in the case of 

an independent small business marketer as defined in section 324 

of the Clean Air Act, and for gasoline dispensing sites that are

located on a manufacturer’s proving ground. ARS 41-2133 sets 

forth certain compliance schedules related to the stage II vapor 

recovery requirements in ARS 41-2132.

The stage II vapor recovery requirements in ARS 41-2132 

rely upon the definitions of certain terms, such as “gasoline,” 

“stage II vapor collection system,” and “E85,” among others, 

which are codified in ARS sections 41-2015, 41-2121, and 41-

2131, and ADEQ included the relevant definitions, along with ARS 

sections 41-2132 and 41-2133, in the SIP revision submittal 

dated September 21, 2009. See table 1 of this document. The 

definition of “gasoline,” which is codified in paragraph (5) of 

ARS 41-2121, specifically excludes “diesel fuel” and “E85.”

ARS section 41-2132(G) directs ADWM to adopt by rule

standards for the installation and operation of stage I and 

stage II vapor recovery systems. ADWM’s rules for such systems 

are codified at title 20, chapter 2, article 9 (“Gasoline Vapor 

Recovery”), of the Arizona Administrative Code (AAC). These 

rules rely upon certain definitions in AAC, title 20, chapter 2, 
24

article 1 (“Administration and Procedures”), section R20-2-101 

(“Definitions”). ADEQ submitted these rules and definition to 

EPA as part of the stage II SIP revision dated September 21, 

2009 – see table 2 of this document. 

We previously approved ADWM’s stage II vapor recovery rules 

(59 FR 54521, November 1, 1994), and in so doing, found them to 

comply with CAA section 182(b)(3), to be consistent with EPA 

guidance on stage II vapor recovery regulations, and to be 

enforceable. Thus, our action today is based on an evaluation of 

the changes in ADWM’s rules as submitted on September 21, 2009 

relative to those that were approved in 1994 and that are 

incorporated into the existing Arizona SIP. 

In addition to renumbering and recodification, ADWM’s vapor 

recovery rules have been amended to delete, modify, and add 

certain definitions; to approve use of certain CARB test 

procedures not previously approved; to include general 

requirements for stage I vapor recovery systems; to add 

exemptions for motor raceways, motor vehicle proving grounds, 

and marine and aircraft refueling facilities; to clarify and 

expand application requirements; and to enhance compliancerelated provisions. 

3. Compliance with CAA Section 182(b)(3) Stage II Requirements

As explained in this subsection, based on our review of 
25

Arizona’s stage II requirements set forth in certain statutes

and administrative rules, we conclude that the state meets the 

CAA section 182(b)(3) stage II requirements. First, the state is

requiring stage II vapor recovery controls in an area that 

encompasses all of the 1-hour ozone “serious” nonattainment area 

consistent with compliance schedules set forth in the Act. The 

state also provides low-volume throughput exemptions that are 

consistent with those allowed for in CAA section 182(b)(3). 

State law, however, also provides an exemption for a “gasoline 

dispensing site that is located on a manufacturer’s proving 

ground.” See ARS 41-2132(C). This exemption is not specifically 

allowed under CAA section 182(b)(3); however, ADWM indicates 

that the one facility to which the exemption had applied has 

closed at its location within the nonattainment area, and the 

equipment has been removed to a new location outside of the 

nonattainment area.11 Furthermore, ADWM reports that, at the 

facility’s new location, the fuel throughput is less than the 

low-throughput (i.e., 10,000-gallon per month) threshold 

exemption authorized in section 182(b)(3). Assuming that the 

fuel usage rate at the relocated facility is representative of 

 

11 The information concerning the application of the exemption for gasoline 

dispensing sites located on a manufacturers’ proving ground is contained in a 

letter from Duane M. Yantorno, Director, Transportation Fuels and Air Quality 

Program, Arizona Department of Weights and Measures, to Andrew Steckel, 

Chief, Rules Office, Air Division, EPA Region IX, dated August 1, 2011.
26

the throughput at gasoline dispensing sites that would be 

covered by the State’s exemption for manufacturer’s proving 

ground in the event that such an exempt facility would locate 

once again within the nonattainment area, the exemption is 

acceptable under section 182(b)(3).

Because the state submitted the definition of “gasoline” in 

ARS 41-2121 for our approval as part of the September 21, 2009 

SIP revision, we must consider whether the exclusion in ARS 41-

2121 of “E85” from the definition of gasoline comports with 

section 182(b)(3) vapor recovery requirements. By excluding 

“E85” from the definition of gasoline, Arizona’s stage II vapor 

recovery law (ARS 41-2132) would not apply to E85 dispensing 

pumps within the ozone nonattainment area. 

E85 is a motor vehicle fuel that is a blend of as little as 

15 percent gasoline and up to 85 percent ethanol. (In wintertime 

applications, the ratio may be 30 percent gasoline and 70 

percent ethanol.) E85 can only be used in specially designed 

flexible fuel vehicles (FFVs), which have mostly been 

manufactured since 1998. Since these are newer vehicles, most of 

them are equipped with ORVR, and every FFV built today has ORVR. 

Thus, most vehicles refueling at E85 dispensing pumps are 

already having their evaporative emissions captured, as in the 

cases of late model rental cars refueling at rental car 
27

facilities and newly manufactured cars being fueled for the 

first time at automobile assembly plants. At the time EPA 

released the 2006 Page/Oge Memorandum, EPA estimated that 59 

percent of FFVs in use nationwide were equipped with ORVR, and 

we noted that the percentage of FFVs with ORVR will continue to 

climb as older vehicles are taken out of service and new models 

join the fleet. We also noted that the percentage of FFVs 

equipped with ORVR varies across different ozone nonattainment 

areas. In the Phoenix metropolitan area, ADWM estimates, based 

on a vehicle database for 2008 provided by the Arizona 

Department of Transportation’s Motor Vehicle Division, that 

approximately 87 percent of FFVs in the Phoenix metropolitan 

area are equipped with ORVR.12 Given how close the ORVR-equipped 

percentage for FFVs in the Phoenix metropolitan area (87 percent 

in 2008 and climbing) is to the ORVR widespread use threshold 

based on comparable VOC emissions (95 percent), discussed above, 

we conclude that ORVR is in widespread use in the FFV vehicle 

fleet in the Phoenix metropolitan area for the purposes of CAA 

section 202(a)(6) so long as the change in emissions due to use 

of E85 does not interfere with attainment and RFP of any of the 

 

12 The information on the percentage of FFVs in the Phoenix metropolitan area 

that are ORVR-equipped is from a report titled “Widespread Use Analysis for 

E85 Stage II Waiver Request,” sent to EPA by Duane M. Yantorno, Director, 

Transportation Fuels and Air Quality Programs, ADWM, via email on October 25, 

2010.
28

NAAQS. As discussed in section II.B.4 of this document, we 

conclude that allowing for greater use of ethanol (by amending

the definition of “gasoline” to exclude E85) in the Phoenix 

metropolitan area would not interfere with attainment and RFP of 

any of the NAAQS, and thus, under CAA section 202(a)(6), we 

propose to waive the stage II vapor recovery requirements for 

E85 dispensing pumps in the Phoenix metropolitan area.

As noted above, in general, ADWM’s revisions clarify and 

improve the existing stage II vapor recovery rules that we 

previously approved. The only significant changes potentially 

affecting approvability with respect to CAA section 182(b)(3) 

are the new exemptions for motor raceways, and for marine and 

aircraft refueling facilities. 

ADWM has provided us information concerning the dispensing 

of gasoline at the one motor raceway, the Phoenix International 

Raceway, to which the exemption applies.

13 At the Phoenix 

International Raceway, two types of fuel activities occur: the 

first is the fueling for service vehicles, and the second is the 

fueling for race cars during the racing event. According to the 

information provided ADWM by the facility, approximately 8,000 

 

13 The information concerning the application of the exemption for motor 

raceways in the Phoenix metropolitan area is contained in a letter from Duane 

M. Yantorno, Director, Transportation Fuels and Air Quality Program, Arizona 

Department of Weights and Measures, to Andrew Steckel, Chief, Rules Office, 

Air Division, EPA Region IX, dated August 1, 2011.
29

gallons of gasoline per year are dispensed at this facility for 

service vehicles, which is far below the 10,000-gallon per month 

low-throughput threshold exemption in CAA section 182(b)(3)

Thus, as applied to service vehicles, the exemption for gasoline 

dispensing sites at motor raceways is acceptable.

The facility’s fixed gasoline dispensers, which are used to 

fuel service vehicles, are not used for race car fueling.

Instead, for race events, the fuels are special blends that are 

trucked into the facility by the supplier and dispensed from a 

mobile truck into gas cans to be used during the racing event. 

We believe it is reasonable to interpret CAA section 182(b)(3) 

as applying to “motor vehicles” as defined in CAA section 216(2)

(“As used in this part, ... (2) The term “motor vehicle” means 

any self-propelled vehicle designed for transporting persons or 

property on a street or highway”), and as such, the motor 

raceway exemption as it applies to refueling of race cars, which 

are not designed for street or highway use, is acceptable under 

section 182(b)(3). The same is also true for the exemption for 

marine and aircraft refueling facilities, which refuel mobile 

sources that clearly are not motor vehicles as defined in CAA 

section 216(2). In sum, for the reasons stated above, the new 

exemptions in ADWM’s Stage II vapor recovery rules for motor 

raceways, and for marine and aircraft refueling facilities are 
30

acceptable.

4. Compliance with CAA Section 110(l)

Under CAA section 110(l), EPA must not approve a SIP 

revision if the revision would interfere with any applicable 

requirement concerning reasonable further progress (RFP) and 

attainment of any of the NAAQS or any other applicable 

requirement under the Act. With respect to this SIP revision, we 

find that the only potentially significant adverse effect on 

emissions and, thus, potential for interference stems from the 

exclusion of E85 from the definition of “gasoline” in ARS 41-

2121, which would allow for increased use of E85 (by FFVs) as a 

motor fuel in the Phoenix metropolitan area, and the relative 

difference in emissions from FFVs using E85 relative to the same 

vehicles using the specially formulated gasoline (referred to as 

“Arizona Cleaner Burning Gasoline,” or “Arizona CBG”) otherwise 

required.

14 (Arizona CBG is a boutique fuel established to reduce 

 

14 EPA’s guidance for States in developing their Stage II SIPs in the early 

1990s suggested that States use the same definition of “gasoline” as the one 

found in EPA’s Standard of Performance for Bulk Gasoline Terminals at 40 CFR 

60.501, which includes “any petroleum distillate or petroleum 

distillate/alcohol blend having a Reid vapor pressure of 27.6 kilopascals or 

greater which is used as a fuel for internal combustion engines.” EPA 

recommended using this definition to most broadly reach situations in which 

refueling of motor vehicles results in evaporative VOC emissions that 

contribute to ozone nonattainment concentrations, and to avoid a narrow 

interpretation of what is “gasoline” that would allow significant VOC 

emissions from motor vehicle refueling activities in nonattainment areas to 

go uncontrolled. 

In the existing SIP, Arizona includes a definition of “gasoline,” AAC R4-31-

901(5), that is consistent with the NSPS definition. The SIP revision for 
31

vehicle emissions in the Phoenix metropolitan area and to help 

meet CAA air quality planning requirements.) The gasoline 

portion of E85 must continue to meet the specifications for 

Arizona CBG pursuant to AAC R20-2-718(B).

We would normally look to EPA’s motor vehicle emissions 

model (the most recent of which is “MOVES2010”) to estimate 

changes in vehicle emissions resulting from combustion of 

different fuel types, but MOVES2010 is only designed to estimate 

the effects of ethanol in gasoline up to 10% by volume, and thus 

is not capable of estimating vehicle emissions using E85. (EPA 

is planning on evaluating recently completed and ongoing studies 

using E85 this year in order to add an E85 option to the next 

version of MOVES.) However, we did review a recently published 

study in the Journal of the Air & Waste Management Association 

titled “Effect of E85 on Tailpipe Emissions from Light-Duty 

 

which we are proposing approval in today’s action would replace the existing 

SIP definition of “gasoline” from Arizona’s rules for gasoline vapor recovery 

(AAC title 20, chapter 2, article 9) with the definition of “gasoline” from 

Arizona’s statutes governing motor fuel (ARS section 41-2121(5)). The 

definition of “gasoline” in ARS section 41-2121(5) is as inclusive as the 

existing SIP definition in AAC R4-31-901(5), except for the explicit 

exclusion of E85. Given that E85 can only be used by FFVs, and based on our 

proposed “widespread use” determination with respect to the FFV fleet in the 

Phoenix area that would be fueled at E85 dispensing pumps, we find the 

exception for E85 from the definition of “gasoline” acceptable under section 

182(b)(3). Moreover, to allow for the distribution and sale of E85 in the 

Phoenix area, a change in the term of “gasoline” (to exclude E85) for stage 

II vapor recovery purposes alone would not have sufficed. Because of the 

boutique fuel requirements of Arizona CBG that have been approved into the 

Arizona SIP, a change in the definition of “gasoline” as a motor fuel (to 

exclude E85) was also necessary. 
32

Vehicles15” (herein, the “E85 Vehicle Emissions Study”), which 

provides us with insight into the potential emissions effects.

The E85 Vehicle Emissions Study compiled the results from 

previous published studies but also analyzed a significantly 

larger database compiled by EPA for vehicle certification 

purposes. Though the results vary by pollutant and between “tier 

1” (i.e., model year (MY) 1994-2003) and “tier 2” (MY 2004-2008) 

vehicles, in general, the study suggests that FFVs emit fewer 

oxides of nitrogen (NOx), carbon monoxide, and particulate matter 

(PM) relative to the same FFVs using gasoline. However, with 

respect to VOCs, FFVs may well emit greater VOCs than the same 

FFVs using gasoline [based on the measurement results for nonmethane organic gases (NMOGs)].

16

Thus, with respect to nitrogen dioxide, carbon monoxide and 

particulate matter, because emissions using E85 would be lower 

than those using CBG, the incremental substitution of CBG with 

E85 would not interfere with RFP or attainment of the ambient 

 

15 Janet Yanowitz and Robert L. McCormick, “Effect of E85 on Tailpipe 

Emissions from Light-Duty Vehicles,” Journal of the Air & Waste Management 

Association, Volume 59, February 2009, pages 172-182.

16 Ethanol itself contains no lead (Pb) or sulfur, but the ethanol portion of 

E85 does contain some Pb and sulfur due to the addition of a denaturant, 

which can comprise up to 5% of the ethanol portion of E85. The denaturant 

used by ethanol producers is typically gasoline (either RFG or conventional 

gasoline, depending on where the ethanol plant is located), which has sulfur 

and Pb specifications similar to those for CBG. Therefore, a gallon of E85 

would have less sulfur and Pb than a gallon of CBG (due to the dilution 

provided by the ethanol), and thus the emissions of sulfur dioxide and Pb

from use of E85 in FFVs would be less than the corresponding emissions from 

use of CBG in those vehicles. Therefore, there would be no interference with 

RFP or attainment of the Pb and sulfur dioxide NAAQS. 
33

standards for those pollutants. 

We also believe that the net effect on ozone conditions in 

the Phoenix 8-hour ozone nonattainment area would be beneficial 

despite the potential higher VOC emission rate by E85-fueled 

FFVs (relative to CBG-fueled FFVs) because of the offsetting 

effect of NOx emissions reductions (from use of E85 relative to 

Arizona CBG) and because of the extension of Stage II vapor 

recovery requirements to “Area A,” an area that is larger than 

the area formerly designated as nonattainment for the 1-hour 

ozone standard and that includes the fast-growing region west of 

the City of Phoenix.17

Therefore, we have determined that this SIP revision, 

including the change in the definition of “gasoline” to exclude 

“E85,” would not interfere with RFP and attainment for any of 

the NAAQS.

C. Correction of Previous Rulemaking

On November 1, 1994, we took direct final action to approve 

the administrative rules adopted by the Arizona Department of 

Weights and Measures providing for the installation and 

operation of stage II vapor recovery systems. 59 FR 54521, 

November 1, 1994. We incorporated the approved rules into the 

 

17 As submitted in 1993, ARS section 41-2132(C) established the stage II 

vapor recovery requirement within the ozone nonattainment area, but the

current version of this statute, which is included in today’s proposed 

approval, extends the requirement to “Area A.” 
34

Arizona SIP by adding a new paragraph (69) to 40 CFR 52.120(c), 

which reads: “Maricopa County Bureau of Air Pollution Control 

stage II vapor recovery program, adopted on August 27, 1993.” 

The descriptive reference in paragraph (69) was erroneous in 

that administrative rules governing the vapor recovery program 

in the Phoenix metropolitan area in Maricopa County, and adopted 

on August 27, 1993, were adopted by the Arizona Department of 

Weights and Measures, not the Maricopa County Bureau of Air 

Pollution Control (since renamed the Maricopa County Air Quality 

Department). Moreover, the descriptive reference to the vapor 

recovery program alone does not inform the public and regulated 

community that our approval relates to specific rules, and thus 

is potentially confusing to the public and regulated community

as to the contents of the SIP.

We are therefore, under section 110(k)(6) and 301(a) of the 

Clean Air Act,18 proposing to correct our previous codification 

of our approval of the stage II vapor recovery rules adopted by 

ADWM on August 27, 1993, and submitted by ADEQ on May 27, 1994, 

to identify the appropriate regulatory agency and to identify 

 

18 Section 110(k)(6) of the CAA provides that, whenever EPA determines that 

the Agency’s action approving, disapproving, or promulgating any plan or plan 

revision, area designation, redesignation, classification, or 

reclassification was in error, EPA may in the same manner as the approval, 

disapproval, or promulgation revise such action as appropriate without 

requiring any further submission from the State. Section 301(a) of the CAA 

authorizes EPA to prescribe such regulations as are necessary to carry out 

the Agency’s functions under the CAA.
35

the specific rules that were approved. 

III. Proposed Action and Request for Public Comment.

As authorized in section 110(k)(3) of the Act, EPA is 

proposing to approve the statutory provisions and updated 

administrative rules establishing certain vapor recovery 

requirements in the Phoenix metropolitan area as a revision to 

the Arizona SIP. Specifically, we are proposing to approve

Arizona Revised Statutes (ARS) sections listed in table 1 of 

this document and the Arizona Administrative Code (AAC) sections 

listed in table 2 of this document.

19 Second, as authorized under 

CAA section 202(a)(6), we are proposing to waive the stage II 

vapor recovery requirements at E85 dispensing pumps in the 

Phoenix area under CAA section 202(a)(6) based on our conclusion 

that ORVR is in widespread use among the FFVs that use such 

facilities. 

In so doing, we propose to conclude that the submitted 

statutory provisions and updated administrative rules meet the 

related requirements for stage II vapor recovery under CAA 

section 182(b)(3) and would not interfere with attainment and 

RFP of any of the NAAQS or any other CAA applicable requirement, 

 

19 Our proposed approval of the statutory provisions and administrative rules 

would supersede the previously-approved versions of the administrative rules 

in the Arizona SIP (i.e., AAC Article 9 (“Gasoline Vapor Control”), Rules R4-

31-901 through R4-31-910, adopted by the Arizona Department of Weights and 

Measures on August 27, 1993, submitted on May 27, 1994, and approved on 

November 1, 1994 (59 FR 54521).
36

consistent with the requirements of CAA section 110(l). Final 

EPA approval of the updated statutory provisions and rules and 

incorporation of them into the Arizona SIP would make them 

federally enforceable.

Lastly, under section 110(k)(6) and 301(a) of the CAA, we 

are proposing to correct and clarify the incorporation of the 

previous version of these administrative rules into the Arizona 

SIP.

We will accept comments from the public on this proposed 

approval for the next 30 days.

IV. Statutory and Executive Order Reviews 

Under the Clean Air Act, the Administrator is required to 

approve a SIP submission that complies with the provisions of 

the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role 

is to approve State choices, provided that they meet the 

criteria of the Clean Air Act. Accordingly, this action merely 

proposes to approve State law as meeting Federal requirements 

and does not impose additional requirements beyond those imposed 

by State law. For that reason, this proposed action:

• is not a “significant regulatory action” subject to review 

by the Office of Management and Budget under Executive 

Order 12866 (58 FR 51735, October 4, 1993) given the 
37

limited nature of this SIP revision (as to geographic scope 

and vehicle applicability); 

• does not impose an information collection burden under the 

provisions of the Paperwork Reduction Act (44 U.S.C. 3501 

et seq.);

• is certified as not having a significant economic impact on 

a substantial number of small entities under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.);

• does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Public Law 104-4);

• does not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999);

• is not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 

(62 FR 19885, April 23, 1997);

• is not a significant regulatory action subject to Executive 

Order 13211 (66 FR 28355, May 22, 2001);

• is not subject to requirements of Section 12(d) of the 

National Technology Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the Clean Air Act; 

and
38

• does not provide EPA with the discretionary authority to 

address disproportionate human health or environmental 

effects with practical, appropriate, and legally 

permissible methods under Executive Order 12898 (59 FR 

7629, February 16, 1994).

In addition, this proposed rule does not have tribal 

implications as specified by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is not approved to apply in 

Indian country located in the State, and EPA notes that it will 

not impose substantial direct costs on tribal governments or 

preempt tribal law.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, 

Intergovernmental relations, Ozone, Reporting and recordkeeping 

requirements, Volatile organic compounds.

Dated: September 19, 2011

______/s/____________________

Keith Takata

Acting Regional Administrator,

Region IX.