This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

61062 

Vol. 76, No. 191 

Monday, October 3, 2011 

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). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0717; FRL–9473–7] 

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 regulating these sources. 

DATES: Comments must be received on 

or before December 2, 2011. Anyone 

wishing the opportunity for the oral 

presentation of data, views, or 

arguments, must submit a request on or 

before October 18, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0717, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://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 http://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 http:// 

www.regulations.gov or e-mail. http:// 

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 

http://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. 

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 e-mail 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 

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 

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2By 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. 

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. 

provisions and administrative rules are 

contained in enclosures 3 and 4 of 

ADEQ’s September 21, 2009 SIP 

revision submittal package.2

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.) 

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

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 

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; 

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61064 Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Proposed Rules 

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). 

5Section 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. 

6For 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. 

• R4–31–905—Plan review and 

approval; 

• R4–31–906—Operation; 

• R4–31–907—Training and public 

education; 

• R4–31–908—Recordkeeping and 

reporting; 

• 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 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 

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 

complete 6 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, ORVR-equipped vehicles 

comprise approximately 64 percent of 

the in-service vehicle fleet nationwide, 

and account for around 74 percent of 

the vehicle miles traveled (VMT) in the 

nationwide fleet. The percentage of nonORVR vehicles and the percentage of 

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 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 submitted amended 

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7EPA most recently approved the definition of 

‘‘area A’’ as part of the Arizona SIP in 2004. See 

69 FR 10161 (March 4, 2004). 

8 In 2009, EPA proposed to classify the PhoenixMesa 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. 

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 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. 

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 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 

non-interference with reasonable further 

progress or attainment of 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

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 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 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 

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61066 Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Proposed Rules 

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. 

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 

determinations on differing levels of 

ORVR use, as appropriate. EPA also 

believes that the Act allows the Agency 

to use an area-specific 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 ORVRequipped 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 

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). 

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, 

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 compliance-related 

provisions. 

3. Compliance With CAA Section 

182(b)(3) Stage II Requirements 

As explained in this subsection, based 

on our review of 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 

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11The 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. 

12The information on the percentage of FFVs in 

the Phoenix metropolitan area that are ORVRequipped 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. 

13The 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. 

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 lowthroughput (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 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 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 ORVRequipped 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 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 gallons of 

gasoline per year are dispensed at this 

facility for service vehicles, which is far 

below the 10,000-gallon per month lowthroughput 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 

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’’) 

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14EPA’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 

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. 

15 Janet Yanowitz and Robert L. McCormick, 

‘‘Effect of E85 on Tailpipe Emissions from LightDuty Vehicles,’’ Journal of the Air & Waste 

Management Association, Volume 59, February 

2009, pages 172–182. 

16Ethanol 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. 

17As 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.’’ 

18Section 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. 

otherwise required.14 (Arizona CBG is a 

boutique fuel established to reduce 

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 Vehicles 15’’ (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 

non-methane 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 

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 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 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 

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Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Proposed Rules 61069 

19Our 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). 

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, 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 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 (Pub. L. 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 

• 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. 

Keith Takata, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2011–25397 Filed 9–30–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0580; FRL–9468–1] 

Revisions to the California State 

Implementation Plan, Sacramento 

Metropolitan Air Quality Management 

District, Ventura County Air Pollution 

Control District, and Placer County Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Sacramento 

Metropolitan Air Quality Management 

District (SMAQMD), Ventura County 

Air Pollution Control District 

(VCAPCD), and Placer County Air 

Pollution Control District (PCAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

organic chemical manufacturing, soil 

decontamination, and polyester resin 

operations. We are proposing to approve 

local rules to regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by November 2, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0580, 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 http://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 http:// 

www.regulations.gov or e-mail. http:// 

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 

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