United States Environmental Protection Agency,

Region IX, Air Division

Technical Support Document

for

EPA’s Notice of Proposed Rulemaking

on Revisions to the 

Arizona State Implementation Plan (SIP)

Arizona Department of Weights and Measures

and

Arizona Department of Environmental Quality

EPA's Analysis of

Arizona Revised Statutes (ARS):

Title 41, Chapter 15

Article 1, 41-2051, subsections (6), (10), (11), (12), and (13); Article 6, 41-2121, subsection (5);

Article 7, 41-2131, 41-2132, and 41-2133

Arizona Administrative Code (AAC):

R20-2-101

R20-2-901 – R20-2-905 and R20-2-907 – R20-2-912

(Vapor Recovery Rules)

August 2011

Prepared by Joanne Wells

Approved by Andrew Steckel
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Arizona Department of Environmental Quality (ADEQ)

Submitted Statutes and Rules:

On September 21, 2009, ADEQ submitted the following statutory provisions and 

administrative rules to update the state’s stage II vapor recovery program in the Arizona 

SIP. 

Arizona Revised Statutes (ARS)

Title 41, Chapter 15, article 1 – General Provisions, Section 41-2051 Definitions, 

subsections (6), (10) to (13);

Title 41, Chapter 15, article 6 – Motor Fuel, Section 41-2121 Definitions, 

subsection (5);

Title 41, Chapter 15, article 7 – Gasoline Vapor Control, Sections 41-2131

Definitions, 41-2132 Stage I and stage II vapor recovery systems, and 41-2133

Compliance schedules.

Arizona Administrative Code (AAC)

Title 20, chapter 2, article 1. Administration and Procedures:

R20-2-101 - Definitions 

Title 20, chapter 2, article 9. Gasoline Vapor Control:

R20-2-901- Material Incorporated by Reference

R20-2-902- Exemptions

R20-2-903- Equipment and Installation

R20-2-904- Application Requirements and Process for Authority to Construct

 Plan Approval

R20-2-905- Initial Inspection and Testing

R20-2-907- Operations (amended on October 8, 1998)

R20-2-908- Training and Public Education (amended on October 8, 1998)

R20-2-909- Recordkeeping and Reporting (amended on October 8, 1998)

R20-2-910-Annual Inspection and Testing

R20-2-911- Compliance Inspections

R20-2-912- Enforcement

This SIP revision submittal is deemed complete as of March 21, 2010 by operation of 

law. The statutory provisions listed above supersede previously-enacted statutory 

provisions that were submitted on February 16, 1993 but on which EPA has not taken 

action. The administrative rules listed above were amended, recodified and renumbered

from applicable SIP rules on October 8, 1998 and amended on June 5, 2004 unless noted 

otherwise above. There are no submittals of these rules on which EPA has not acted. 

Background

Section 182(b)(3) of the Clean Air Act, as amended in 1990, requires gasoline dispensing 

facilities located in nonattainment areas designated as serious or worse to install and 
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operate stage II vapor recovery equipment.

1 Upon enactment of the 1990 Amendments to 

the CAA, a portion of Maricopa County (referred to as the “Phoenix metropolitan area”)

was classified as a “moderate” 1-hour ozone nonattainment area. EPA later reclassified 

the Phoenix metropolitan area as “serious.” The State of Arizona has included these 

requirements into the Arizona Revised Statutes (ARS), Title 41, Chapter 15, and it 

applies to Area A, as defined in ARS Section 49-541, an area larger than the Phoenix 1-

hour ozone nonattainment area. Article 9, Gasoline Vapor Control, of the Arizona 

Administrative Code (AAC) sets out the standards for any required stage I & II vapor 

recovery systems.

In 2004, EPA designated the “Phoenix-Mesa” area as nonattainment for the 1997 8-hour 

ozone standard. The Phoenix-Mesa 8-hour ozone nonattainment area includes a 

somewhat larger portion of Maricopa County than had been included in the 1-hour ozone 

nonattainment area, and also includes a small portion (Apache Junction) of Pinal County. 

The 8-hour area was not classified and EPA was going to treat the area as a "subpart 1 

Basic" nonattainment area, until a court decision in December 2006 vacated our 

implementing regulations in this regard. 

In response to the court’s decision, EPA has proposed to classify the Phoenix-Mesa 8-

hour ozone nonattainment area as "marginal" based on 2001-2003 ozone monitoring data, 

but EPA has not, as of August 5, 2011, finalized that action. The pre-existing 1-hour 

ozone nonattainment area portion of Maricopa County was redesignated to attainment for 

the 1-hour ozone standard, and the 1-hour ozone standard was revoked effective June 15, 

2005, but the 1-hour ozone requirements, such as stage II vapor recovery, that applied to 

the Phoenix metropolitan area by virtue of the area’s designation and classification (i.e., 

“serious” nonattainment) as of June 15, 2004 continue to apply to the area under the antibacksliding provisions of EPA’s Phase I implementation rule governing the transition 

from the 1-hour, to the 8-hour, ozone NAAQS.

Applicable SIP Rules: 

Arizona Administrative Code (AAC)

Title 4, chapter 21, article 9 Gasoline Vapor Control:

R4-31-901 - Definitions. This rule would be superseded in the SIP upon approval 

of submitted Rule R20-2-101.

R4-31-902 - Material Incorporated by Reference. This rule would be superseded 

in the SIP upon approval of submitted Rule R20-2-901.

 

1

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). 
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R4-31-903 - Exemptions. This rule would be superseded in the SIP upon approval 

of submitted Rule R20-2-902. 

R4-31-904 - Equipment and Installation. This rule would be superseded upon 

approval of submitted Rule R20-2-903.

R4-31-905 - Plan Review and Approval. This rule would be superseded upon 

approval of submitted Rules R20-2-904 and R20-2-905. 

R4-31-906 - Operation. This rule would be superseded upon approval of 

submitted Rule R20-2-907.

R4-31-907 - Training and Public Education. This rule would be superseded upon 

approval of submitted Rule R20-2-908.

R4-31-908 - Recordkeeping and Reporting. This rule would be superseded upon 

approval of submitted Rule R20-2-909.

R4-31-909 - Annual Tests. This rule would be superseded upon approval of 

submitted Rule R20-2-910.

R4-31-910 - Enforcement. This rule would be superseded upon approval of

submitted Rule R20-2-912.

There are no rules in the existing SIP that correspond to submitted rule R20-2-

911, and thus, it would be new to the SIP upon its approval.

These rules in the SIP were adopted on August 27, 1993 by the Arizona Department of 

Weights and Measures (ADWM) and submitted by Arizona Department of 

Environmental Quality (ADEQ) on May 27, 1994. EPA approved these rules for 

gasoline vapor control, Arizona Administrative Code (AAC) Title 4, Chapter 31, Article 

9 into the Arizona SIP on November 1, 1994 (59 FR 54521). 

Summary of Submitted Statutes

The following is a summary of each statutory provision submitted on September 21, 2009 

for approval as part of the Arizona SIP:

Title 41, Chapter 15, article 1 – General Provision, Section 41-2051. Definitions

This section includes definitions for certification, Department, diesel fuel, 

director, and E85.

Title 41, Chapter 15, article 6 – Motor Fuel, Section 41-2121. Definitions

This section includes the definition for Gasoline. The definition has been 

amended to exclude “E85.”

Title 41, Chapter 15, article 7 – Gasoline Vapor Control

The following three sections of article 7 are included:

Sections 41-2131. Definitions includes the definitions for Annual throughput, 

Clean air act, Gasoline dispensing site, Stage I vapor collection system, Stage II 

vapor collection system, and Vapor control system.

Section 41-2132. Stage I and stage II vapor recovery systems generally 

includes: designated areas where stage I and stage II are required, requirement for 
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use of only California Air Resources Board (CARB) certified stage I & stage II 

systems and components, plan approval for new and modified systems, training of 

operators, maintenance to ensure “vapor-tight” integrity, and posting of operating 

instructions for dispensing fuel at gasoline dispensing sites. Stage I and stage II 

vapor collection systems are required at gasoline dispensing sites with 

throughputs greater than 10,000 gallons per month, however independent small 

business marketers with throughput of less than 50,000 gallons per month and 

gasoline dispensing sites at manufacturer proving grounds are exempt from stage 

II requirements. 

Section 41-2133 Compliance schedules for gasoline dispensing facilities located 

in designated areas.

There are no previous versions of the ARS provisions listed above in the Arizona SIP

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).

Summary of Rule Revisions

The gasoline vapor control rules set forth in AAC, title 20, chapter 2, articles 1 and 9 

control the emissions of volatile organic compounds (VOCs) during the transfer of 

gasoline into storage tanks (Stage I) and into motor vehicle fuel tanks (Stage II). These 

rules require use of CARB certified Stage II systems, authority to construct plans, 

inspections, testing and maintenance of the vapor control equipment and recordkeeping.

These rules have been revised, recodified, and renumbered. The number for the SIP 

approved rule is shown in the parentheses. The following is a summary of revisions made 

to the SIP approved rules and the summary of one new rule being added to the Arizona 

SIP.

R20-2-101 (R4-31-901) Definitions

25 new definitions were added including: Administrative Order, which includes 

corrective actions that can be taken for a violation of Title 41 Chapter 15, four of the 

definitions identify National Institute of Standards and Technology (NIST) Handbooks 

(44, 112, 130, and 133) which are incorporated by reference and a number of definitions 

related to the NIST or weights and measures. The remaining definitions were added to 

identify agencies (e.g. ADEQ, EPA) or persons (owner or operator), or terms used in the 

rules (e.g. ASTM, certified prover, motor vehicle, etc.). 

R20-2-901 (R4-31-902) Material Incorporated by Reference

Appendix J.4 (San Diego Test Procedure TP-91-2) of EPA technical guidance document 

– Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at 
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Gasoline Dispensing Facilities Vol. II was deleted. Appendix J.5 (San Diego Test 

Procedure TP-91-1) of same document remains in rule. 

San Diego APCD Test Procedure TP-96-1 and five California Air Resources Board

(CARB) test procedures: TP-201.4, TP-201.5, TP-201.2C, TP-201.6, and TP-201.2B 

were added. 

R20-2-902 (R4-31-903) Exemptions

The requirement that the person requesting the exemption based on A.R.S. 41-2132(C)

submit a written throughput report monthly in place of a onetime demonstration was 

added. 

Additional requirements to qualify for exemption as “an independent small business 

marketer” were added.

An exemption from stage II for motor raceways, motor vehicle proving grounds, marine 

and aircraft fueling facilities was added. 

R20-2-903 (R4-31-904) Equipment and Installation

A new provision was added to state when the department would reject a vapor recovery 

system or component from future installation.

The provision which addresses piping was revised to now include Stage I and requires 

that it shall be designed and constructed as certified by CARB. Language has been added 

to prohibit alterations from the CARB certified configuration without department 

approval. 

A new provision has been added to address when deficient fittings, assemblies, or 

components cannot be permanently corrected, then they shall not be used in Arizona. 

New provisions have been added allowing stage I spill containment to have a plugged 

drain if hand-operated pump is kept on site and pressure/vacuum valves are required on 

top of vent lines for gasoline storage tanks for Stage II vapor recovery systems. 

R20-2-904 (R4-31-905 in part) Application Requirements and Process for Authority to 

Construct Plan Approval

This rule has been substantially revised to include additional administrative requirements for 

obtaining approval of an authority to construct plan application. An authority to construct plan 

application approval is required prior to beginning construction or to make major modifications 

to an existing system or component at a site requiring a vapor recovery system. In addition to 

the new administrative requirements, the following rule revisions were made:

The definition of a major modification has been added to the rule. 

The requirements for inspection and testing following the completion of construction 

have been deleted from this rule and this rule references new rule R20-2-905 for the 

initial inspection and testing required.

R20-2-905 (R4-31-905 in part) Initial Inspection and Testing

This new rule addresses the requirements for providing the department with a written 

certification of completion by the contractor and to schedule an inspection that includes tests and 

acceptance criteria specified in the plan approval. The rule also includes:
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An updated list of relevant tests and requirements for the specific vapor recovery system 

installed. 

New administrative requirements for scheduling and cancellation of tests and inspections, 

acceptance of test results and what steps need to be taken if any of the tests fail. 

R20-2-907 (R4-31-906) Operation

This rule addresses the requirements for operating both stage I and II vapor recovery systems and

their components. This rule has been updated to include: 

1. A revised requirement that owner operates systems in compliance with CARB 

certification and not just manufacturer’s specifications.

2. The list of components to be inspected daily has been updated to include new and revised 

requirements. New requirements for inspecting Stage I vapor recovery components have 

also been added.

3. The requirement for owner/ operators to immediately place malfunctioning Stage II 

vacuum-assist vapor recovery equipment out of service and to notify the Department has 

been added to section D. Section D addresses when the owner or operator shall 

immediately stop using any Stage II vapor recovery system or component found to have 

any of the defects listed in this section. 

4. A new requirement for proper operation of Stage I vapor recovery includes fuel transfer 

from a gasoline storage tank to a mobile transporter was added.

5. New requirements to minimize gasoline vapors emitted during underground tank 

tightness testing were also added. 

R20-2-908 (R4-31-907) Training and Public Education

This rule addresses the requirements for training of the operators of gasoline dispensing sites and 

information that must be posted at the facility to educate the public. Only a few minor changes to 

requirements have been made.

R20-2-909 (R4-31-908) Recordkeeping and reporting

This rule addresses the recordkeeping and reporting requirements for owner or operators of 

gasoline dispensing sites employing Stage II vapor recovery. Only a few minor administrative 

changes were made to the rule.

R20-2-910 (R4-31-909) Annual Inspections and Testing

This rule has been completely revised as follows: 

The annual test must be conducted by a registered service representative on or before the 

annual inspection date. This section includes specific requirements for notification of 

Department and scheduling of inspections.

The tests referenced for annual inspection are now listed in new rule R20-2-905. 

New requirements have been added to address testing results and failure of tests, and 

how tests are to be performed 

R20-2-911 (New) Compliance Inspections

This rule was added to allow unannounced compliance inspections of Stage I and Stage II vapor 
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recovery systems by the Department and if a violation of A.R.S. Title 41, chapter 15 or Article 9 

is revealed then the Department shall require the vapor recovery system or component undergo 

the appropriate test specified in R20-2-910.

R20-2-912 (R4-31-910) Enforcement

This rule states that if the Department finds that a Stage II vapor recovery system or component 

is noncompliant, then the department shall issue the owner or operate an administrative order and 

place the system or component out of operation. This rule has been revised to include the 

requirement that the owner/operator may be required to schedule an inspection for the stage II 

vapor recovery system or component before putting a defective or non-compliant component 

back into service. 

Rule Evaluation

EPA is primarily using the following three criteria to evaluate these Statutes and Rules.

a. Rule Stringency – As noted above, CAA § 182(b)(3) requires states with “serious”

(and higher) ozone nonattainment areas to submit SIP revisions that require all owner or 

operators of gasoline dispensing systems to install and operate systems for gasoline vapor 

recovery of emissions from the fueling of motor vehicles (i.e., stage II vapor controls).

Because the Phoenix metropolitan area had been classified as “serious” nonattainment for 

the 1-hour ozone standard and has been designated as nonattainment for the 8-hour ozone 

standard, the section 182(b)(3) stage II vapor recovery requirements continue to apply 

within the Phoenix metropolitan area under EPA’s anti-backsliding rules (see 40 CFR 

51.905(a)(1).

CAA section 182(b)(3) applies to facilities that sell more than 10,000 gallons of gasoline 

per month (50,000 gallons per month in the case of a independent small business 

marketer of gasoline as defined in section 324 of the CAA). CAA section 182(b)(3) also 

specifies a compliance schedule, which is generally six months to two years after the date 

of adoption of the state requirements for the installation and operation of systems for 

gasoline vapor recovery of emissions from the fueling of motor vehicles.

b. Enforceability – CAA §110(a)(2)(A) requires that regulations submitted to EPA for 

SIP approval must be clear and legally enforceable. 

c. Anti-Backsliding - CAA §110(l) and §193 restricts certain SIP revisions that would 

relax existing SIP-approved requirements. 

The State of Arizona has included the CAA § 182(b)(3) requirements into the Arizona 

Revised Statutes (ARS), Title 41, Chapter 15 and Article 9, Gasoline Vapor Control of 

the Arizona Administrative Code (AAC) which sets out the standards for any required 

stage I & II vapor recovery systems. In general, the revisions of these rules and the one 

new rule are as stringent as the Draft Model Rule and the requirements outlined in the 

“Gasoline Vapor Recovery Guidelines,” EPA Region IX, (April 2000). (See Guidance 

documents 1 and 2.) 
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However, the submitted statutes and rules provide exemptions for gasoline dispensing 

sites at manufacturer’s proving grounds and motor raceways, for marine and aircraft 

fueling facilities, and for E85 dispensing pumps. The exemption for motor proving 

grounds is acceptable because the motor proving grounds that had been operating in the 

nonattainment area has been closed and because such dispensing sites fall below the 

10,000 gallon per month low-volume threshold exemption under section 182(b)(3) (i.e., 

based on the usage rates at the relocated facility, now operating in Yuma County. (See 

letter from ADWM to EPA dated August 1, 2011.) 

To the extent that the motor raceways exemption refers to street-legal vehicle refueling, 

the information gathered by ADWM indicates that the volume of refueling falls far below 

the 10,000 gallon per month low-volume threshold exemption under section 182(b)(3). 

(See letter from ADWM to EPA dated August 1, 2011.) As to extent that the motor 

raceways exemption applies to race cars, the exemption is acceptable because these types 

of vehicles are not “motor vehicles” as defined in CAA section 216(2). The same is true 

for marine and aircraft fueling facilities.

As to E85 dispensing pumps in the Phoenix metropolitan area, we believe that a waiver 

of stage II vapor recovery requirements is appropriate based on our determination that 

onboard refueling vapor recovery (ORVR) is in “widespread use” within the class of 

vehicles (i.e., flex-fuel vehicles, or FFVs) that can use E85. Such waivers are allowed 

under CAA section 202(a)(6). A more detailed discussion on these exemptions is 

included in the preamble to the proposed rule for which this TSD was prepared.

In summary, we have determined that these rules comply with section 182(b)(3). The 

inspection, testing, recordkeeping, reporting and other requirements generally ensure that 

the submitted rules can be enforced and the revisions to the rules have expanded these 

requirements, improved the clarity, and therefore have improved enforceability, and 

overall have strengthened the Arizona vapor control rules. Also, we find that the revision 

would not interfere with RFP and attainment of the NAAQS, consistent with the 

requirements of CAA section 110(l) [see CAA section 110(l) discussion in the preamble 

to the direct final rule].

Rule Deficiencies

We have identified no deficiencies with these rules sufficient for EPA to propose less 

than full approval.

Additional Recommendations for Next Rule Revision

The following revisions are not currently the basis for rule disapproval, but are recommended for 

the next time the rule is amended.

For clarity, we suggest including definitions for “vapor-tight” used in ARS 41-2131 and 

41-2132, and “topping off” used in ARS 41-2132 as had been included in R4-31-901 but 

not retained in R20-20-2-101. We also suggest including a definition for “motor vehicle 
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proving grounds” used in R20-2-902 to clarify that the exemption applies only to ORVRequipped vehicles, and a definition for “registered service representative.”

For clarity, enforceability and prevention of possible high emitting sources in the 

future, we recommend eliminating the exemption for “independent small business 

marketers” (ISBM) which is currently allowed in Title 41, Chapter 15, article 7 –

Gasoline Vapor Control, Section 41-2132 since we understand from discussions 

with staff at ADWM that this exemption is currently not used. 

EPA Action

We believe that the submitted Arizona statutes and rules for Stage I and II vapor recovery are 

enforceable, more stringent than the current SIP rules, and comply with the specific requirements 

for gasoline vapor recovery under the CAA. These statutes and rules should be given full 

approval for incorporation into the Arizona SIP under section 110(k)(3) of the CAA as amended 

in 1990, superseding the precursor SIP rules cited above. 

Guidance Documents

Guidance and policy documents we use to help evaluate these rules include the following:

1. Draft Model Rule, Gasoline Dispensing Facility - Stage II Vapor Recovery, EPA (August 

17, 1992).

2. Gasoline Vapor Recovery Guidelines, EPA Region IX (April 24, 2000).

3. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA (May 

25, 1988). [The Bluebook]

4. Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA 

Region 9 (August 21, 2001). [The Little Bluebook]

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, to Regional Air Division Directors, dated 

December 12, 2006.