Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations 53001 

Agency is therefore removing the rule 

issued for the chemical substance that 

was the subject of PMN P–14–605. EPA 

intends to publish a proposed SNUR for 

this chemical substance under separate 

notice and comment procedures. 

For further information regarding 

EPA’s direct rulemaking process for 

issuing SNURs, see 40 CFR part 721, 

subpart D, and the Federal Register of 

July 27, 1989 (54 FR 31314). 

III. Good Cause Finding 

EPA determined that there is good 

cause to first; promulgate this final rule 

without opportunity for notice and 

comment in accordance with section 

553(b)(B) of the Administrative 

Procedure Act (APA), and second; make 

the rule effective on the date of 

publication in accordance with section 

553(d) of the APA. Good cause exists 

because the direct final rule was 

allowed to become effective in violation 

of § 721.170(d)(4)(i)(B). 

IV. Statutory and Executive Order 

Reviews 

This action removes regulatory 

requirements that were not intended to 

go into effect. As such, the Agency has 

determined that this removal will not 

have any adverse impacts, economic or 

otherwise. The statutory and Executive 

Order review requirements applicable to 

this action were discussed in the June 

5, 2015 Federal Register. Those review 

requirements do not apply to this action 

because it is a removal and does not 

contain any new or amended 

requirements. 

V. Congressional Review Act (CRA) 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

Section 808 of the CRA allows the 

issuing agency to make a rule effective 

sooner than otherwise provided by CRA 

if the agency makes a good cause 

finding that notice and public procedure 

is impracticable, unnecessary, or 

contrary to the public interest. As 

required by 5 U.S.C. 808(2), this 

determination is supported by a brief 

statement in Unit III. 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: August 20, 2015. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–671q, 7542, 9601–9657, 

11023, 11048. 

§ 9.1 [Amended] 

■ 2. In the table in § 9.1, under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances,’’ remove § 721.10842. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.10842 [Removed] 

■ 4. Remove § 721.10842. 

[FR Doc. 2015–21800 Filed 9–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0256; FRL–9927–14– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; Arizona; 

Phased Discontinuation of Stage II 

Vapor Recovery Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a state 

implementation plan (SIP) revision from 

the Arizona Department of 

Environmental Quality related to the 

removal of ‘‘Stage II’’ vapor recovery 

equipment at gasoline dispensing 

facilities in the Phoenix-Mesa area. 

Specifically, the EPA is approving a SIP 

revision that eliminates the requirement 

to install and operate such equipment at 

new gasoline dispensing facilities, and 

that provides for the phased removal of 

such equipment at existing gasoline 

dispensing facilities from October 2016 

through September 2018. The EPA has 

previously determined that onboard 

refueling vapor recovery is in 

widespread use nationally and waived 

the stage II vapor recovery requirement. 

The EPA is approving this SIP revision 

because the resultant short-term 

incremental increase in emissions 

would not interfere with attainment or 

maintenance of the national ambient air 

quality standards or any other 

requirement of the Clean Air Act and 

because it would avoid longer-term 

increases in emissions from the 

continued operation of stage II vapor 

recovery equipment at gasoline 

dispensing facilities in the PhoenixMesa area. 

DATES: This direct final rule is effective 

on November 2, 2015 unless the EPA 

receives adverse comments by October 

2, 2015. If adverse comments are 

received, the EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R09– 

OAR–2014–0256, by one of the 

following methods: 

1. Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Email: Jeffrey Buss at buss.jeffrey@

epa.gov. 

3. Fax: Jeffrey Buss, Air Planning 

Office (AIR–2), at fax number 415–947– 

3579. 

4. Mail: Jeffrey Buss, Air Planning 

Office (AIR–2), U.S. Environmental 

Protection Agency, Region IX, 75 

Hawthorne, San Francisco, California 

94105. 

5. Hand or Courier Delivery: Jeffrey 

Buss, Air Planning Section (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, 75 Hawthorne, San 

Francisco, California 94105. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. Special arrangements should 

be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R09–OAR–2014– 

0256. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 


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53002 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations 

1Under Arizona law, the Arizona Department of 

Environmental Quality (ADEQ) is responsible for 

adopting and submitting the Arizona SIP and SIP 

revisions. Within the Maricopa County portion of 

the Phoenix-Mesa area, the Maricopa Association of 

Governments (MAG) is responsible for developing 

regional ozone air quality plans. 

2 Ground-level ozone is an oxidant that is formed 

from photochemical reactions in the atmosphere 

between volatile organic compounds (VOC) and 

oxides of nitrogen (NOX) in the presence of 

sunlight. These two pollutants, referred to as ozone 

precursors, are emitted by many types of pollution 

sources including on-road motor vehicles (cars, 

trucks, and buses), nonroad vehicles and engines, 

power plants and industrial facilities, and smaller 

area sources such as lawn and garden equipment 

and paints. 

3See 44 FR 8202 (February 8, 1979). 

4 ‘‘Area A’’ is defined in Arizona Revised Statutes 

(ARS) section 49–541, and it includes all of the 

Phoenix metropolitan 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. Area A 

roughly approximates the boundaries of the 

Phoenix-Mesa area designated by the EPA for the 

1997 8-hour ozone standard. 

5See 59 FR 16262 (April 6, 1994). 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through www.regulations.gov or email 

that you consider to be CBI or otherwise 

protected from disclosure. The 

www.regulations.gov Web site is an 

anonymous access system, which means 

the EPA will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an email comment directly to the 

EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Planning Office (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, 75 Hawthorne Street, San 

Francisco, California 94105. The EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection during normal 

business hours. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, Office of Air Planning, U.S. 

Environmental Protection Agency, 

Region 9, (415) 947–4152, email: 

buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. State Submittal 

III. Analysis of the State Submittal 

A. SIP Revision Procedural Requirements 

B. SIP Revision Substantive Requirements 

IV. The EPA’s Action and Request for Public 

Comment 

V. Incorporation by reference 

VI. Statutory and Executive Order Reviews 

I. Background 

Under the Clean Air Act (CAA or 

‘‘Act’’), the EPA has promulgated 

national ambient air quality standards 

(NAAQS or ‘‘standards’’) for certain 

pervasive air pollutants. The NAAQS 

are concentration levels the attainment 

and maintenance of which EPA has 

determined to be requisite to protect 

public health (i.e., the ‘‘primary’’ 

NAAQS) and welfare (i.e., the 

‘‘secondary’’ NAAQS). Under the CAA, 

states are required to develop and 

submit plans, referred to as state 

implementation plans (SIPs) to 

implement, maintain, and enforce the 

NAAQS.1 Ozone is one of the air 

pollutants for which the EPA has 

established NAAQS.2 The original 

NAAQS for ozone, established by the 

EPA in 1979, was 0.12 parts per million 

(ppm), 1-hour average (‘‘1-hour ozone 

standard’’).3

Under the CAA, the EPA is also 

responsible for designating areas of the 

country as attainment, nonattainment, 

or unclassifiable for the various 

NAAQS. States with ‘‘nonattainment’’ 

areas are required to submit revisions to 

their SIPs that include a control strategy 

necessary to demonstrate how the area 

will attain the NAAQS. 

Under the CAA Amendments of 1990, 

the ‘‘Phoenix metropolitan 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, 56 FR 

56694 (November 6, 1991), and later 

reclassified as a ‘‘Serious’’ 

nonattainment area, 62 FR 60001 

(November 6, 1997), for the 1-hour 

ozone standard. 

States with ‘‘Serious,’’ ‘‘Severe,’’ or 

‘‘Extreme’’ ozone nonattainment areas 

were required under CAA section 

182(b)(3) to submit SIP revisions that 

require the use of ‘‘Stage II’’ vapor 

recovery systems at gasoline dispensing 

facilities (GDFs) located within the 

nonattainment area. 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 

underground fuel storage tank, 

preventing them from polluting the air. 

In response to this requirement, the 

State of Arizona promulgated and 

submitted certain statutes and 

regulations that require use of Stage II 

vapor recovery systems in the Phoenix 

metropolitan area, and later extended 

the requirements to a larger geographic 

area referred to as ‘‘Area A.’’ 4 The EPA 

approved the state’s Stage-II-related 

statutes and regulations as a revision to 

the Arizona SIP. See 59 FR 54521 

(November 1, 1994) and 77 FR 35279 

(June 13, 2012). 

The 1990 amended CAA anticipates 

that, over time, Stage II vapor recovery 

requirements at GDFs would be 

replaced by ‘‘onboard refueling vapor 

recovery’’ (ORVR) systems that the EPA 

was to establish for new motor vehicles 

under CAA section 202(a)(6). ORVR 

consists of an activated carbon canister 

installed in a motor vehicle. The carbon 

canister captures gasoline vapors during 

refueling. 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. In 1994, the EPA 

promulgated its ORVR standards,5 with 

a minimum 95% vapor capture 

efficiency, which fully applied to all 

new light duty vehicles by 2000. The 

ORVR requirements were phased in to 

apply to heavier classes of vehicles as 

well—reaching full effect for all new 

vehicles with a gross vehicle weight 

rating of up to 10,000 pounds by 2006. 

Recognizing that, over time, the number 


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6The Phoenix-Mesa 1997 8-hour ozone 

nonattainment area covers a much larger portion of 

Maricopa County than the Phoenix metropolitan 1- 

hour ozone area and also includes the Apache 

Junction portion of Pinal County. The precise 

boundaries of the Phoenix-Mesa 1997 8-hour ozone 

nonattainment area and the Phoenix metropolitan 

1-hour ozone nonattainment are found in 40 CFR 

81.303. 

7The nonattainment area for the 2008 8-hour 

ozone standard was expanded slightly to the south 

and west in Maricopa County as compared to the 

boundary established for the 1997 8-hour ozone 

standard. See 40 CFR 81.303 for the exact 

boundaries of the Phoenix-Mesa 2008 8-hour ozone 

nonattainment area. For both 8-hour ozone 

standards, the nonattainment area is referred to as 

the ‘‘Phoenix-Mesa’’ area. The applicable 

attainment date for areas initially classified as 

‘‘Marginal’’ nonattainment areas for the 2008 8-hour 

ozone standard is July 20, 2015. 

8 ‘‘Guidance on Removing Stage II Gasoline Vapor 

Control Programs from State Implementation Plans 

and Assessing Comparable Measures,’’ EPA Office 

of Air Quality Planning and Standards, August 7, 

2012. 

of vehicles with ORVR as a percentage 

of the overall motor vehicle fleet would 

increase with the turnover of older 

models not equipped with ORVR with 

newer models equipped with ORVR, 

CAA section 202(a)(6) also permits the 

EPA to promulgate a determination that 

ORVR is in ‘‘widespread use’’ 

throughout the motor vehicle fleet and 

to revise or waive Stage II vapor 

recovery requirements for Serious, 

Severe and Extreme ozone 

nonattainment areas. 

Meanwhile, the EPA has taken certain 

actions that affect SIP planning in 

general, and the Phoenix metropolitan 

area and Stage II vapor recovery SIP 

requirements in particular, including 

the following: 

• Revision of the NAAQS for ozone, 

setting it at 0.08 ppm averaged over an 

8-hour timeframe (referred to herein as 

the ‘‘1997 8-hour ozone standard’’) (62 

FR 33856, July 18, 1997), and 

designation of the Phoenix-Mesa area 6

as a ‘‘Marginal’’ nonattainment area (69 

FR 23857, April 30, 2004; 77 FR 28424, 

May 14, 2012); 

• Redesignation of the Phoenix 

metropolitan area from nonattainment 

to attainment for the 1-hour ozone 

standard (70 FR 34362; June 14, 2005), 

and revocation of the 1-hour ozone 

standard, effective June 15, 2005 (40 

CFR 50.9(b)); 

• Revision of the 8-hour ozone 

standard down to 0.075 ppm (the 2008 

8-hour ozone standard) (73 FR 16436, 

March 27, 2008), and designation of the 

Phoenix-Mesa area as a ‘‘Marginal’’ 

nonattainment area for the 2008 8-hour 

ozone standard (77 FR 30088, May 21, 

2012); 7

• Determination that ORVR systems 

are in ‘‘widespread use’’ in the nation’s 

motor vehicle fleet (77 FR 28772, May 

16, 2012; and 40 CFR 51.126); and 

• Redesignation of the Phoenix-Mesa 

ozone area from nonattainment to 

attainment for the 1997 8-hour ozone 

standard (79 FR 55645, September 17, 

2014). 

In the wake of the EPA’s ‘‘widespread 

use’’ determination, states, such as 

Arizona, that were required to 

implement Stage II vapor recovery 

programs under CAA section 182(b)(3) 

are now permitted to remove the 

requirement from their SIPs under 

certain circumstances. On August 7, 

2012, the EPA released its ‘‘Guidance on 

Removing Stage II Gasoline Vapor 

Control Programs from State 

Implementation Plans and Assessing 

Comparable Measures’’ 8 (‘‘Stage II 

Guidance’’) to aid in the development of 

SIP revisions to remove Stage II controls 

from GDFs. The Stage II Guidance also 

provides a series of equations to 

determine the emissions impacts of 

removing Stage II controls. 

In summary, the State of Arizona 

established Stage II vapor recovery 

requirements in the Phoenix 

metropolitan area to address CAA 

requirements for ‘‘Serious’’ 

nonattainment areas for the 1-hour 

ozone standard and later extended the 

requirements to a larger geographic area 

known as Area A that roughly 

approximates the boundaries of the 

Phoenix-Mesa 1997 8-hour ozone area. 

The Phoenix metropolitan area has been 

redesignated to attainment for the 1- 

hour ozone standard, and the PhoenixMesa area has been redesignated to 

attainment for the 1997 8-hour ozone 

standard, but the Phoenix-Mesa area 

remains designated ‘‘Marginal’’ 

nonattainment for the 2008 8-hour 

ozone standard. Under 40 CFR 51.126, 

Stage II vapor recovery is no longer a 

SIP requirement in ozone nonattainment 

areas, and existing SIP provisions 

establishing Stage II vapor recovery 

requirements may be rescinded under 

certain circumstances. In this action, 

and for the reasons set forth in the 

following section of this document, the 

EPA is approving the State of Arizona’s 

revisions to its SIP that eliminate Stage 

II requirements for new GDFs and that 

provide for the phased removal of Stage 

II vapor recovery equipment at existing 

GDFs within the geographic area 

referred to as ‘‘Area A,’’ which roughly 

approximates the boundaries of the 

Phoenix-Mesa area for the 1997 8-hour 

ozone standard. 

II. State Submittal 

On September 2, 2014, ADEQ 

submitted a SIP revision to phase-out 

Stage II vapor recovery requirements in 

Area A by eliminating the requirement 

to install Stage II equipment at new 

GDFs and by providing for a phased 

decommissioning process to remove 

Stage II equipment at existing GDFs 

beginning in October 2016 and ending 

in September 2018. The SIP submittal 

includes the SIP revision itself, ‘‘MAG 

State Implementation Plan Revision for 

the Removal of Stage II Vapor Recovery 

Controls in the Maricopa Eight-Hour 

Ozone Nonattainment Area’’ (‘‘Stage II 

Vapor Recovery SIP Revision’’ or ‘‘SIP 

Revision’’), as well as supporting 

materials related to legal authority and 

completeness. The Stage II Vapor 

Recovery SIP Revision includes 

nonregulatory materials, such as a 

narrative and supporting technical 

analysis, and includes a law (House Bill 

2128) passed by the Arizona Legislature 

and signed by the Governor providing 

for the phase-out of the Stage II vapor 

recovery requirements. 

Effective for State law purposes upon 

the Governor’s signature (i.e., on April 

22, 2014), HB 2128 (in relevant part) 

amends Arizona Revised Statutes (ARS) 

sections 41–2131 (‘‘Definitions’’), 41– 

2132 (‘‘Stage I vapor recovery systems’’), 

41–2133 (‘‘Compliance schedules’’), and 

adds new section 41–2135 (‘‘Stage II 

vapor recovery systems’’). The new 

section ARS 41–2135 retains the 

existing Stage II control requirements 

for existing GDFs and establishes a 

phased decommissioning process to 

remove Stage II controls beginning 

October 1, 2016 and ending September 

30, 2018. 

The two-year period for 

decommissioning is based on the 

expectation of the Arizona Department 

of Weights and Measures (ADWM) of 

the time necessary to safely 

decommission Stage II controls at the 

over 1,000 existing GDFs in Area A. 

Decommissioning is expected to be 

spread evenly over each of the 24 

months from October 2016 through 

September 2018 and to occur for 

existing GDFs during the month when 

the annual scheduled Stage II controls 

test would have occurred. HB 2128 

repeals the new section 41–2135 on 

September 30, 2018 coinciding with the 

completion of the Stage II 

decommissioning process. To address 

the potential for adverse impacts 

relative to attainment and maintenance 

of the NAAQS, the SIP submittal 

includes a year-by-year analysis of the 

changes in VOC emissions taking into 

account both the elimination of Stage II 

controls at new GDFs and the phase-out 

of Stage II controls at existing GDFs 

from October 2016 through September 

2018. 


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53004 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations 

9See Table A–1 of the Stage II Guidance. 10Table A–6 of the EPA’s Stage II Guidance cites 

the percentages of State/Area GDF using vacuum 

assist Stage II technology. The listed percentage for 

the Phoenix-Mesa area is 85%. 

III. Analysis of the State Submittal 

A. SIP Revision Procedural 

Requirements 

CAA sections 110(a)(1), 110(a)(2), and 

110(l) require a state to provide 

reasonable public notice and 

opportunity for public hearing prior to 

the adoption and submittal of a SIP or 

SIP revision. To meet this requirement, 

every SIP submittal should include 

evidence that adequate public notice 

was given and a public hearing (if 

requested) was held consistent with 

EPA’s implementing regulations in 40 

CFR 51.102. 

Appendix B of the Stage II Vapor 

Recovery SIP Revision documents the 

public process followed by MAG and 

ADEQ in developing, adopting, and 

submitting this SIP revision. 

Specifically, on May 2 and 3, 2014, 

ADEQ and MAG published a notice, in 

a newspaper of general circulation in 

the Phoenix area, of a joint public 

hearing to be held on June 3, 2014 and 

the availability of the draft version of 

the Stage II vapor recovery SIP revision 

for public review and comment. ADEQ 

and MAG conducted the public hearing 

on June 3, 2014. ADEQ and MAG 

received no comments on the draft SIP 

revision. On August 27, 2014, MAG’s 

Regional Council adopted the Stage II 

Vapor Recovery SIP Revision. ADEQ 

subsequently adopted and submitted the 

SIP revision to EPA by letter dated 

September 2, 2104. As such, ADEQ and 

MAG have satisfied applicable statutory 

and regulatory procedural requirements 

for adoption and submittal of this SIP 

revision. 

B. SIP Revision Substantive 

Requirements 

As discussed above, pursuant to the 

EPA’s determination of ‘‘widespread 

use’’ (of ORVR systems in the motor 

vehicle fleet), Stage II vapor recovery 

controls are no longer a SIP 

requirement, and thus, states are 

allowed to rescind such control 

requirements in their SIPs if doing so is 

consistent with the general SIP revision 

requirements of CAA section 110(l) and 

section 193. In relevant part, CAA 

section 110(l) prohibits the EPA from 

approving a SIP revision if that revision 

would interfere with any applicable 

requirement concerning reasonable 

further progress towards, or attainment 

of, any of the NAAQS, or any other 

applicable requirement of the CAA. 

Section 193 provides, in relevant part, 

that no control requirement in effect, or 

required to be adopted, before 

November 15, 1990 (i.e., the effective 

date of the CAA Amendments of 1990) 

in any area which is a nonattainment 

area for any air pollutant may be 

modified after November 15, 1990 in 

any manner unless the modification 

insures equivalent or greater emission 

reductions of such air pollutant. 

Arizona’s Stage II vapor recovery 

controls were developed in response to 

the CAA Amendments of 1990 and thus 

were adopted and approved in the years 

following the 1990 CAA Amendments. 

Thus, the requirements of section 193 

do not apply to this particular SIP 

revision. 

As described in the Background 

section of this document, Stage II and 

ORVR are two types of emission control 

systems that capture fuel vapors from 

vehicle gas tanks during refueling. Stage 

II controls are installed in the 

dispensing pumps while ORVR is 

installed as part of the motor vehicle. 

Stage II and ORVR were initially both 

required by the 1990 CAA 

Amendments, but Congress recognized 

that Stage II and ORVR would 

eventually become largely redundant 

technologies as the percentage of the 

nation’s motor vehicle fleet equipped 

with ORVR increases, and provided 

authority to the EPA to allow states to 

remove Stage II from their SIPs after the 

EPA finds that ORVR is in widespread 

use. The EPA’s Stage II Guidance 

projects that, by 2015, over 84% of all 

the gasoline dispensed in the nation 

will be dispensed to ORVR-equipped 

motor vehicles.9 As such, Stage II and 

ORVR have become largely redundant 

technologies, and Stage II control 

systems are achieving an ever-declining 

emissions benefit as more ORVRequipped vehicle continue to enter the 

on-road motor vehicle fleet. In addition, 

the EPA’s Stage II Guidance recognizes 

that, in areas where certain types of 

vacuum-assist Stage II control systems 

are used, the limited compatibility 

between ORVR and some configurations 

of this Stage II hardware may ultimately 

result in an area-wide emissions 

disbenefit. The disbenefit can result 

when the Stage II controls pull air into 

the underground tank instead of 

gasoline vapors when both vacuumassist Stage II controls and ORVR are 

active during refueling. This increases 

the pressure in the underground tank 

and can cause venting of excess 

emissions into the air. 

The Phoenix-Mesa ozone 

nonattainment area is an area where the 

vast majority of Stage II systems that 

have been installed use vacuum assist 

technologies.10 As documented in 

chapter 2 of the Stage II Vapor Recovery 

SIP Revision and in MAG’s technical 

support document (appendix A, exhibit 

1 of the SIP Revision), MAG used the 

equations recommended by the EPA in 

its Stage II Guidance to calculate the 

areawide emission reduction benefits/

disbenefits associated with Stage II 

controls on vehicle refueling emissions 

in the Phoenix-Mesa ozone 

nonattainment area. More specifically, 

MAG developed year-by-year estimates 

of areawide VOC emissions from motor 

vehicle refueling with use of Stage II 

controls in the Phoenix-Mesa area 

taking into account the fraction of 

gasoline throughput covered by Stage II 

controls, the fraction of gasoline 

dispensed to ORVR-equipped vehicles, 

the Stage II control in-use control 

efficiency, the fraction of gasoline 

dispensed through vacuum-assisted 

Stage II control, and the compatibility 

factor for the increase in underground 

storage tank vent emissions relative to 

normal conditions. 

Based on MAG’s estimates, assuming 

Stage II requirements remain in place, 

the VOC emissions reductions benefits 

from Stage II controls would continue a 

steady decline until 2018 when the 

implementation of Stage II controls will 

first result in an emissions disbenefit. 

Without rescission of Stage II control 

requirements, the disbenefit would then 

increase over time in concert with the 

increase in the frequency of refueling by 

ORVR-equipped vehicles at vacuumassist Stage II GDFs. 

The Stage II Vapor Recovery SIP 

Revision is intended to minimize the 

temporary increases in VOC emissions 

during the decommissioning process 

and to avoid the long-term disbenefit by 

eliminating the requirement for 

installing Stage II equipment at new 

GDFs and phasing-out the Stage II 

requirement for (and providing for the 

removal of Stage II equipment at) 

existing GDFs from October 2016 

through September 2018. To estimate 

the emissions impacts due to the SIP 

Revision, MAG developed year-by-year 

VOC estimates for the foregone 

emissions reductions due to 

construction of new GDFs from 2014 

through 2017 without Stage II controls 

and due to the decommissioning of 

Stage II controls at existing GDFs during 

the 2017 ozone season. Table 1 below 

compares the VOC emissions impacts 

with and without the Stage II Vapor 

Recovery SIP Revision in the PhoenixMesa area based on MAG’s estimates. 


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Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations 53005 

11Under the SIP Revision, the phase-out for 

existing GDFS begins in October 2016, and thus 

does not affect the 2016 ozone season. 

12The EPA-approved MAG Eight-Hour Ozone 

Maintenance Plan anticipates VOC emissions 

between 653.9 mtpd (June ozone episode, 2005) and 

659.0 mtpd (June ozone episode, 2015) during the 

relevant period. See our proposed approval of the 

maintenance plan and redesignation request at 79 

FR 16734, at 16744 (March 26, 2014). 

TABLE 1—COMPARISON OF VOC EMISSIONS IMPACTS IN THE PHOENIX-MESA AREA WITH AND WITHOUT THE STAGE II 

VAPOR RECOVERY SIP REVISION

Year 

Column 1: 

Emission reduction 

benefits from 

Stage II controls 

(summer, mtpd) a

Column 2: 

Emission reduction 

benefits from 

Stage II controls with 

SIP Revision 

(summer, mtpd) b

Column 3: 

Emission Impact 

of SIP Revision 

(summer, mtpd) c

2014 ......................................................................................................... 0.725 0.710 0.015 

2015 ......................................................................................................... 0.462 0.443 0.019 

2016 ......................................................................................................... 0.238 0.223 0.015 

2017 ......................................................................................................... 0.060 0.029 0.031 

2018 ......................................................................................................... ¥0.108 ¥0.023 ¥0.085 

2019 ......................................................................................................... ¥0.244 0 ¥0.244 

2020 ......................................................................................................... ¥0.359 0 ¥0.359 

a Column 1 is from table 2–3 of the Stage II Vapor Recovery SIP Revision. 

b Column 2 is derived by combining column 1 with the estimates of total temporary increases in VOC emissions from the SIP Revision shown 

in table 2–7 of the Stage II Vapor Recovery SIP Revision, except for year 2018 during which a disbenefit of 0.023 mtpd is expected due to existing facilities that have not removed Stage II controls by the beginning of the 2018 ozone season. c Column 3 is derived by subtracting column 2 from column 1. 

Note: Negative values in the columns listing emission reduction benefits indicate increases in emissions. 

As shown in table 1, without the 

Stage II Vapor Recovery SIP Revision, 

the emissions benefits from 

implementation of Stage II controls in 

the Phoenix-Mesa area would decline 

until 2018 when implementation of 

Stage II would result in an emissions 

increase due to the incompatibility 

between ORVR-equipped vehicles and 

vacuum-assist Stage II technology. With 

the SIP Revision, table 1 shows that the 

emissions reduction benefits from 

implementation of Stage II in the 

Phoenix-Mesa area would be reduced 

slightly due to the construction and 

operation of new GDFs without Stage II 

controls and due to the phase-out of 

Stage II vapor controls at existing GDFs 

during the 2017 ozone season.11 The 

temporary emissions increases due to 

the SIP Revision (relative to the scenario 

in which Stage II requirements remain 

fully implemented) will occur during 

years 2014 through 2017 and range from 

0.015 mtpd to 0.031 mtpd. Beginning in 

2018 and increasing in magnitude 

thereafter, the SIP Revision will result 

in fewer VOC emissions than would 

otherwise have occurred if Stage II 

requirements were to remain fully 

implemented in the Phoenix-Mesa area 

(once again, due to the incompatibility 

of ORVR-equipped vehicles and 

vacuum-assist Stage II technologies). 

For perspective, we note that the 

temporary increases in VOC emissions 

during years 2014 through 2017 due to 

the SIP Revision would represent an 

approximate 0.002 percent to 0.005 

percent increase in the overall VOC 

emissions inventory in the PhoenixMesa area.12 Such increases would have 

negligible impacts on ozone 

concentrations in the area. More 

importantly, the schedule for the phaseout of Stage II controls under the SIP 

Revision will maintain most of the 

emissions reductions benefits associated 

with Stage II control through 2017 while 

avoiding the more significant increases 

in VOC emissions that would otherwise 

occur beginning in 2019 and beyond 

due to the incompatibility effects 

described above between ORVRequipped vehicles and vacuum-assist 

Stage II technologies. In 2018, the 

scheduled phase-out will reduce the 

emissions increase (due to ORVR and 

Stage II incompatibilities) that would 

otherwise be expected but would not 

entirely avoid an emissions increase 

because some existing GDFs will not yet 

have removed Stage II controls by the 

beginning of the 2018 ozone season. All 

Stage II controls will be 

decommissioned by September 30, 2018 

under the Stage II Vapor Recovery SIP 

Revision. Lastly, the phase-out of Stage 

II controls by the end of the 2018 ozone 

season will support longer-term regional 

efforts to attain or maintain the 1997 

and 2008 8-hour ozone standards in the 

Phoenix-Mesa area. 

We find MAG’s methods and 

assumptions, as documented in chapter 

2 of the Stage II Vapor Recovery SIP 

Revision and in MAG’s technical 

support document, to be reasonable, and 

we find that MAG’s emissions estimates 

provide a reasonable basis upon which 

to evaluate the ozone impacts of the SIP 

Revision. Moreover, based on MAG’s 

emissions estimates and for the reasons 

provided above, we conclude that the 

SIP Revision would not interfere with 

reasonable further progress toward, or 

attainment of, any of the NAAQS and 

would not interfere with any other 

applicable requirement of the CAA. 

Thus, we conclude that the SIP Revision 

is approvable under CAA section 110(l). 

IV. The EPA’s Action and Request for 

Public Comment 

The EPA is taking direct final action 

to approve the Stage II Vapor Recovery 

SIP Revision submitted by ADEQ on 

September 2, 2014 to provide for the 

phased removal of ‘‘Stage II’’ vapor 

recovery equipment at gasoline 

dispensing facilities in the PhoenixMesa area. Specifically, the EPA is 

approving a SIP revision that eliminates 

the requirement to install and operate 

such equipment at new gasoline 

dispensing facilities, and that provides 

for the phased removal of such 

equipment at existing gasoline 

dispensing facilities from October 2016 

through September 2018. 

The EPA is approving this SIP 

revision because Stage II vapor recovery 

controls are no longer a SIP requirement 

under CAA section 182(b)(3) due to 

EPA’s ‘‘widespread use determination’’ 

for ORVR. Additionally, we are 

approving this SIP revision because the 

temporary incremental increase in VOC 

emissions from 2014 through 2018 

would not interfere with reasonable 

further progress toward, or attainment 

of, any of the NAAQS, and because this 

SIP revision avoids the longer-term VOC 

emissions increases associated with 

continued implementation of Stage II 

controls in the Phoenix-Mesa area. As 


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53006 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations 

13Approval of these statutory provisions as 

revisions to the Arizona SIP supersedes the 

following existing SIP provisions in the Arizona 

SIP: ARS section 41–2131, as approved at 77 FR 

35279 (June 13, 2012); ARS section 41–2132, as 

approved at 77 FR 35279 (June 13, 2012); and ARS 

section 41–2133, as approved at 77 FR 35279 (June 

13, 2012). 

part of this final action, the EPA is 

approving the specific statutory 

provisions that provide for the phaseout of Stage II controls in Area A, i.e., 

sections 5 through 8, and 10 through 12 

of House Bill 2128, amending ARS 

sections 41–2131, 41–2132, 41–2133 

and adding section 41–2135.13

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial SIP revision and 

anticipate no adverse comments. In the 

Proposed Rules section of this Federal 

Register publication, however, we are 

publishing a separate document that 

will serve as the proposal to approve the 

state SIP revision if relevant adverse 

comments are filed. This rule will be 

effective November 2, 2015 without 

further notice unless we receive relevant 

adverse comments by October 2, 2015. 

If we receive such comments, we will 

withdraw this action before the effective 

date by publishing a separate document 

withdrawing the direct final action. All 

public comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if the EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of this rule, 

the EPA may adopt as final those 

provisions of the rule that are not the 

subject of an adverse comment. If we do 

not receive any comments, this action 

will be effective on November 2, 2015. 

V. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of certain 

sections of House Bill 2128 amending 

various sections of the Arizona Revised 

Statutes related to stage II vapor 

recovery systems in Area A, effective 

April 22, 2014, as described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

VI. 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 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this 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); 

• 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 the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 2, 

2015. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the Proposed Rules 

section of this Federal Register, rather 

than file an immediate petition for 

judicial review of this direct final rule, 

so that the EPA can withdraw this direct 

final rule and address the comment in 

the proposed rulemaking. This action 

may not be challenged later in 

proceedings to enforce its requirements 

(see section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 30, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Editorial note: This document was 

received for publication by the Office of the 

Federal Register on August 27, 2015. 


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Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations 53007 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(171) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(171) The following plan was 

submitted on September 2, 2014 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Arizona Department of 

Environmental Quality. 

(1) House Bill 2128, effective April 22, 

2014, excluding sections 1 through 4, 

and 9 (including the text that appears in 

all capital letters and excluding the text 

that appears in strikethrough). 

(ii) Additional materials. 

(A) Arizona Department of 

Environmental Quality. 

(1) MAG 2014 State Implementation 

Plan Revision for the Removal of Stage 

II Vapor Recovery Controls in the 

Maricopa Eight-Hour Ozone 

Nonattainment Area (August 2014), 

adopted by the Regional Council of the 

Maricopa Association of Governments 

on August 27, 2014, excluding appendix 

A, exhibit 2 (‘‘Arizona Revised Statutes 

Listed in Table 1–1’’). 

[FR Doc. 2015–21681 Filed 9–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2015–0001] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Associate 

Administrator for Mitigation has 

resolved any appeals resulting from this 

notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

Dated: August 20, 2015. 

Roy E. Wright, 

Deputy Associate Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 


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