Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 35279 

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). 

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. 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW MEXICO REGULATIONS

State citation Title/subject State approval/effective 

date EPA approval date Comments 

New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality 

*******

Part 66 ............................... Cotton Gins ....................... 4/7/2005 ............................ 6/13/2012 [Insert FR page 

number where document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2012–14154 Filed 6–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0717; FRL 9661–3] 

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: Final rule. 

SUMMARY: Under the Clean Air Act, EPA 

is taking final action 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 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 approving the revisions, EPA is 

taking final action to waive the statutory 

stage II vapor recovery requirements at 

E85 dispensing pumps within the 

Phoenix metropolitan area. Lastly, EPA 

is taking final action to correct an EPA 

rulemaking that approved a previous 

version of the Arizona rules regulating 

these sources and to thereby identify the 

appropriate regulatory agency and 

specific rules that were previously 

approved and incorporated by reference 

into the Arizona State Implementation 

Plan. 

DATES: Effective Date: This rule is 

effective on July 13, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2010–0717 for 

this action. The index to the docket is 

available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., Confidential 

Business Information). 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 email at 

steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. EPA’s Proposed Action 

A. The State’s Submittal 

B. Regulatory Context 

C. EPA’s Evaluation of SIP Submittal and 

Proposed Action 

D. Proposed Correction of Previous 

Rulemaking 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. EPA’s Proposed Action 

A. The State’s Submittal 

On October 3, 2011 (76 FR 61062), we 

proposed to approve a revision to the 

Arizona State Implementation Plan (SIP) 

submitted to EPA on September 21, 

2009 by the Arizona Department of 

Environmental Quality (ADEQ). The 

purpose of the SIP revision is to update 

the gasoline vapor recovery program 

that was originally submitted and 

approved by EPA in 1994 to meet 

certain applicable requirements of the 

Clean Air Act, as amended in 1990 

(CAA or ‘‘Act’’).1 The specific revisions 

include statutory provisions and 

administrative rules regulating the 

emissions of volatile organic 

compounds (VOC) due to the transfer of 

gasoline from storage tanks (typically 

underground) to motor vehicle fuel 

tanks at gasoline stations in the Phoenix 

metropolitan area. The statutory 

provisions and administrative rules are 

contained in enclosures 3 and 4 of 

ADEQ’s September 21, 2009 SIP 

revision submittal package.2

ADEQ’s submittal represents an 

update to the stage II requirements but 

is comprehensive in that the submitted 


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35280 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and 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. 

4E85 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 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. 

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,’’ 4 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. In our October 3, 2011 

proposed rule, we concluded that 

ADEQ’s September 21, 2009 SIP 

revision submittal contains adequate 

documentation of public notice, 

opportunity for comment, and a public 

hearing on the proposed SIP revision 

(see enclosure 5 of the submittal) and 

that the public participation materials 

submitted by ADEQ demonstrate 

compliance with the procedural 

requirements set forth in section 110(l) 

of the CAA. 

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 

approving 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 

Under Arizona law, the principal 

stage II vapor recovery requirements are 

found in Arizona Revised Statutes 

(ARS) section 41–2132 (‘‘Stage I and 

stage II vapor recovery systems’’), which 

requires gasoline dispensing sites to be 

equipped with a stage II vapor 

collection system 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. 

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 CAA, 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. 


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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 35281 

5See 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). 

6Section 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. 

7For 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. 

8 ‘‘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’’); and ‘‘Removal of Stage 

Continued 

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 the 

Arizona Department of Weights and 

Measures (ADWM) to adopt rules that 

establish standards for the installation 

and operation of stage I and stage II 

vapor recovery systems. In 1994, EPA 

approved an earlier version of ADWM’s 

rules for stage II vapor recovery. See 59 

FR 54521 (November 1, 1994). Since 

then, in addition to renumbering and 

recodifying the rules, ADWM has 

amended the vapor recovery rules to 

delete, modify, and add certain 

definitions; to approve use of certain 

new test procedures developed by the 

California Air Resources Board (CARB); 

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. 

ADWM’s rules for such systems are 

now 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 definitions to EPA as part of 

the stage II SIP revision dated 

September 21, 2009—see table 2 of this 

document. 

In our October 3, 2011 proposed rule, 

we also explained that in our 1994 final 

rule approving an earlier version of 

ADWM’s vapor recovery rules, we made 

an error in how we codified the stage II 

vapor recovery rules into the Arizona 

SIP, and were thus proposing to correct 

that error. Please see our October 3, 

2011 proposed rule at pages 61063 and 

61064 for additional information on 

these topics. 

B. Regulatory Context 

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.5

More specifically, the Act specifies that 

such systems be installed at 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. 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).6

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 7 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 67 percent of 

the in-service vehicle fleet nationwide, 

and account for around 76 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 but these vehicles 

account for less than 2 percent of 

national annual highway gasoline 

consumption. 

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, and 

as noted above, 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 widespread use might be 

found for particular fleets.8


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35282 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 

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’’). 

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. 

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 that 

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 considered 

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. One metric previously 

discussed by EPA for widespread use in 

distinct and unique situations was that 

widespread use will likely have been 

reached when the percentage of motor 

vehicles in service with ORVR, the 

vehicle miles traveled (VMT) by ORVRequipped vehicles, or the gasoline 

dispensed to ORVR-equipped vehicles 

reaches 95 percent. See the 2006 Page/ 

Oge Memorandum, page 2. Application 

of the 95 percent criterion could lead to, 

for example, 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. 

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 criteria that would establish 

June 30, 2013 as the date on with 

‘‘widespread use’’ will occur nationally, 

and the date on which a nationwide 

waiver of stage II gasoline vapor 

recovery systems will be effective. 

EPA, after considering public 

comments, intends to take final action 

regarding the July 15, 2011 proposal to 

establish a nationwide date for 

determining when ORVR is in 

‘‘widespread use’’ and for waiving the 

stage II requirement. In the proposed 

rule, EPA stated that it intends to 

provide that individual states may 

submit SIP revisions that demonstrate 

that ORVR widespread use has occurred 

(or will occur) on a date earlier than the 

date identified in the final rule 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 taking final action 

today to approve an area-specific 

revision to the Arizona SIP and to 

approve a waiver for a specific portion 

of the motor vehicle fleet, namely 

flexible fuel vehicles refueled with E85 

gasoline blend, in the Phoenix 

metropolitan area. 

As explained in our October 3, 2011 

proposed rule, 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) and later 

reclassified as ‘‘Serious’’ for the 1-hour 

ozone standard. See 56 FR 56694, at 

56717 (November 6, 1991) and 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, and in 

response, ADEQ submitted the statutory 

provisions and rules establishing stage II 

vapor recovery requirements in the 

Phoenix area. EPA approved the stage II 

vapor recovery rules as a revision to the 

Arizona SIP. See 59 FR 54521 

(November 1, 1994). We are taking final 

action today to approve a SIP revision 

that updates the stage II vapor recovery 

requirements for the Phoenix 

metropolitan area and that waives stage 

II vapor recovery requirements at E85 

dispensing pumps. 

C. EPA’s Evaluation of SIP Submittal 

and Proposed Action 

Relevant Statutes, Rules, Policies, and 

Guidance 

In our October 3, 2011 proposed rule, 

we explained how we evaluated the 

statutory provisions and administrative 

rules that ADEQ submitted to update 

the Arizona SIP with respect to the stage 

II vapor recovery program in the 

Phoenix metropolitan area. To 

summarize that information, we 

evaluated ADEQ’s stage II vapor 

recovery SIP update revision based on 

the Phoenix metropolitan area’s 

designations and classifications for the 

now-revoked one-hour ozone standard 

and the current eight-hour ozone 

standard to ensure Arizona’s stage II 

program complies with section 182(b)(3) 

of the Act (which is described in section 

I.B. of this document), to ensure that the 

requirements of the program are 

enforceable (see CAA section 110(a)(2)), 

and that the changes would not interfere 

with reasonable further progress or 

attainment of the NAAQS (see CAA 

section 110(l)). 

In doing so, we relied on a number of 

guidance and policy documents 

including, but not limited to the 2006 

Page/Oge Memorandum 9 and the 2007 

Page/Oge Memorandum (see footnote 7 

of this document for the full references 

to these memoranda). Please see our 

October 3, 2011 proposed rule at page 

61065 for a complete list of the guidance 

and policy documents upon which we 

relied. 

Compliance With CAA Section 182(b)(3) 

Stage II Requirements 

In our October 3, 2011 proposed rule, 

we concluded that the statutory 

provisions meet the CAA section 

182(b)(3) stage II requirements for the 

following reasons: 

• The State is requiring stage II vapor 

recovery controls in an area that 

encompasses all of the 1-hour ozone 

‘‘serious’’ nonattainment area consistent 


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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 35283 

10EPA’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 that we 

are approving today 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 CAA 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. 

11 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. 

12Ethanol 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. 

with compliance schedules set forth in 

the Act and the State provides lowvolume throughput exemptions that are 

consistent with those allowed for in 

CAA section 182(b)(3); and 

• The State law exemption for a 

‘‘gasoline dispensing site that is located 

on a manufacturer’s proving ground’’ in 

ARS 41–2132(C) does not apply to any 

facility within the nonattainment area, 

and, assuming that the fuel throughput 

at the facility to which it had applied is 

representative of the throughput of any 

such facility that might locate within 

the nonattainment area, the exemption 

would be consistent with the lowvolume throughput exemptions allowed 

for in CAA section 182(b)(3). 

Further, in our October 3, 2011 

proposed rule, we evaluated whether 

the exclusion of ‘‘E85’’ from the State 

law definition of gasoline comports with 

section 182(b)(3) vapor recovery 

requirements. Based on this evaluation, 

we concluded that, given how close the 

ORVR-equipped percentage for flexible 

fuel vehicles (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) 

and because the change in emissions 

due to use of E85 would not interfere 

with attainment and RFP of any of the 

NAAQS, ORVR is in widespread use in 

the FFV vehicle fleet in the Phoenix 

metropolitan area for the purposes of 

CAA section 202(a)(6). Based on the 

finding of ‘‘widespread use,’’ in our 

October 3, 2011 proposed rule, we 

proposed to waive the stage II vapor 

recovery requirements for E85 

dispensing pumps in the Phoenix 

metropolitan area under section 

202(a)(6). 

Third, in our October 3, 2011 

proposed rule, we noted that changes in 

ADWM’s vapor recovery rules would 

generally serve to clarify and improve 

the existing stage II vapor recovery rules 

that we approved into the SIP in 1994, 

and that the only significant changes 

potentially affecting approvability with 

respect to CAA section 182(b) (3) would 

be the new exemptions for motor 

raceways, and for marine and aircraft 

refueling facilities. We evaluated the 

new exemptions and concluded that 

they would be acceptable under section 

182(b)(3) because the fuel throughput at 

the one motor raceway facility to which 

the exemption applies is far below the 

10,000-gallon per month lowthroughput threshold exemption 

allowed under CAA section 182(b)(3) 

and because the exemptions as applied 

to the race cars themselves and to 

marine and aircraft refueling facilities 

do not apply to apply to ‘‘motor 

vehicles’’ as defined in CAA section 

216(2) and thus are not required to be 

subject to stage II vapor recovery 

requirements under section 182(b)(3). 

Please see our October 3, 2011 proposed 

rule at pages 61066 and 61067 for more 

information about our evaluation of the 

submitted statutory provisions and rules 

for compliance with section 182(b)(3) 

and for more information about our 

proposed waiver under section 

202(a)(6). 

Compliance With CAA Section 110(l) 

In our October 3, 2011 proposed rule, 

we also evaluated the statutory 

provisions and administrative rules 

submitted by ADEQ as part of the 

September 21, 2009 SIP revision under 

CAA section 110(l) for possible 

interference 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 

found that the only potentially 

significant adverse effect on emissions 

and, thus, potential for interference 

would stem from the exclusion of E85 

from the definition of ‘‘gasoline’’ in ARS 

41–2121. The exclusion of E85 from 

‘‘gasoline’’ would allow for increased 

use of E85 (by FFVs) as a motor fuel in 

the Phoenix metropolitan area and 

would result in corresponding change in 

emissions from FFVs using E85 relative 

to the same vehicles using the specially 

formulated gasoline (referred to as 

‘‘Arizona Cleaner Burning Gasoline,’’ or 

‘‘Arizona CBG’’) otherwise required.10

(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). 

To evaluate the change in emissions, 

we reviewed a recently published study 

from the Journal of the Air & Waste 

Management Association titled ‘‘Effect 

of E85 on Tailpipe Emissions from 

Light-Duty Vehicles 11’’ (herein, the 

‘‘E85 Vehicle Emissions Study’’), which 

compiled the results from previous 

published studies but also analyzed a 

significantly larger database compiled 

by EPA for vehicle certification 

purposes. As described in our October 

3, 2011 proposed rule, 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 using E85 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)].12

Thus, with respect to nitrogen 

dioxide, carbon monoxide and 

particulate matter, because emissions 

using E85 would be lower than those 

using CBG, we concluded that the 

incremental substitution of CBG with 

E85 would not interfere with RFP or 


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35284 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 

13As 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 final approval action, extends the 

requirement to ‘‘Area A.’’ 

14Section 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. 

15Our approval of the statutory provisions and 

administrative rules in tables 1 and 2 of this 

document supersedes 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)). 

attainment of the ambient standards for 

those pollutants. 

We also concluded 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.13

On the basis of the above rationale, 

we determined in our October 3, 2011 

proposed rule 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. Please see our 

October 3, 2011 proposed rule at pages 

61067 and 61068 for more information 

about our evaluation of the submitted 

statutory provisions and rules for 

compliance with section 110(l) of the 

CAA. 

D. Proposed Correction of Previous 

Rulemaking 

Lastly, in our October 3, 2011 

proposed rule, we described our direct 

final action (59 FR 54521, November 1, 

1994) to approve the administrative 

rules adopted by ADWM to provide for 

the installation and operation of stage II 

vapor recovery systems, and in which 

we included erroneous references and 

failed to identify the specific rules being 

incorporated by reference into the SIP. 

To address this issue, we proposed, 

under section 110(k)(6) and 301(a) of the 

CAA,14 to correct our previous 

codification of our approval of the stage 

II vapor recovery rules to identify the 

appropriate regulatory agency and to 

identify the specific rules that were 

being approved and incorporated by 

reference into the Arizona SIP. Please 

see our October 3, 2011 proposed rule 

at page 61068 for more information 

about our proposed error correction 

under CAA section 110(k)(6). 

II. Public Comments and EPA 

Responses 

Our October 3, 2011 proposed rule 

provided a 60-day comment period. 

During this period, we received no 

comments on our proposed action. 

III. Final Action 

As authorized in section 110(k)(3) of 

the Act and for the reasons provided in 

our October 3, 2011 proposed rule and 

summarized herein, EPA is taking final 

action 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 taking 

final action to approve Arizona Revised 

Statutes (ARS) sections listed in table 1 

of this document and the Arizona 

Administrative Code (AAC) sections 

listed in table 2 of this document.15

Second, as authorized under CAA 

section 202(a)(6), we are taking final 

action 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 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 will 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 makes them federally 

enforceable. 

Lastly, under section 110(k)(6) and 

301(a) of the CAA, we are taking final 

action to correct and clarify the 

incorporation of the previous version of 

ADWM’s vapor recovery related 

administrative rules into the Arizona 

SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. 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) 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 CAA; 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 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 


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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 35285 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. section 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. 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. 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. section 804(2). 

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 13, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (See section 

307(b)(2)). 

List of Subjects in 40 CFR Parts 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 11, 2012. 

Lisa P. Jackson, 

Administrator. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

revising paragraph (c)(69)(i)(A) and 

adding paragraph (c)(148) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(69) * * * 

(i) * * * 

(A) Arizona Department of Weights 

and Measures. (1) Letter from Grant 

Woods, Attorney General, State of 

Arizona, to John U. Hays, Director, 

Department of Weights and Measures, 

dated August 31, 1993, and enclosed 

Form R102 (‘‘Certification of Rules and 

Order of Rule Adoption’’). 

(2) Arizona Administrative Code, 

Article 9 (‘‘Gasoline Vapor Control’’), 

Rules R4–31–901 through R4–31–910, 

adopted August 27, 1993, effective (for 

state purposes) on August 31, 1993. 

* * * * * 

(148) The following plan revision was 

submitted on September 21, 2009 by the 

Governor’s designee. 

(i) Incorporation by reference. (A) 

Arizona Department of Weights and 

Measures. (1) Arizona Revised Statutes, 

title 41 (State Government), chapter 15 

(Department of Weights and Measures), 

as amended and supplemented by the 

general and permanent laws enacted 

through the First Special Session, and 

legislation effective January 11, 2011 of 

the First Regular Session of the Fiftieth 

Legislature (2011): 

(i) Article 1 (General Provisions), 

section 41–2051 (‘‘Definitions’’), 

subsections (6) (‘‘Certification’’), (10) 

(‘‘Department’’), (11) (‘‘Diesel fuel’’), 

(12) (‘‘Director’’), and (13) (‘‘E85’’), 

amended by Laws 2008, Ch. 254, § 2; 

(ii) Article 6 (Motor Fuel), section 41– 

2121 (‘‘Definitions’’), subsection (5) 

(‘‘Gasoline’’) amended by Laws 2007, 

Ch. 292, § 11; and 

(iii) Article 7 (Gasoline Vapor 

Control), section 41–2131 

(‘‘Definitions’’), added by Laws 1992, 

Ch. 299, § 6; section 41–2132 (‘‘Stage I 

and stage II vapor recovery systems’’), 

amended by Laws 2010, Ch. 181, § 2; 

and section 41–2133 (‘‘Compliance 

schedules’’), amended by Laws 1999, 

Ch. 295, § 17. 

(2) Arizona Administrative Code, title 

20, chapter 2, article 1 (Administration 

and Procedures), section R20–2–101 

(‘‘Definitions’’), effective (for state 

purposes) on June 5, 2004. 

(3) Arizona Administrative Code, title 

20, chapter 2, article 9 (Gasoline Vapor 

Control): 

(i) Sections 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’’), R20–2–910 

(‘‘Annual Inspection and Testing’’), 

R20–2–911 (‘‘Compliance Inspections’’), 

and R20–2–912 (‘‘Enforcement’’), 

effective (for state purposes) on June 5, 

2004. 

(ii) Sections R20–2–907 

(‘‘Operation’’), R20–2–908 (‘‘Training 

and Public Education’’), and R20–2–909 

(‘‘Recordkeeping and Reporting’’), 

effective (for state purposes) on October 

8, 1998. 

[FR Doc. 2012–14148 Filed 6–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR 52 

[EPA–R09–OAR–2012–0253; FRL–9682–5] 

Approval of Air Quality Implementation 

Plan; Arizona; Attainment Plan for 

1997 8-Hour Ozone Standard 

AGENCY: U.S. Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a state 

implementation plan (SIP) revision 

submitted by the State of Arizona on 

June 13, 2007, to demonstrate 

attainment of the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS) in the Phoenix-Mesa 

nonattainment area by June 15, 2009. 

This action was proposed in the Federal 

Register on April 11, 2012. EPA is 

approving the submitted SIP revision 

based on our determination that it 

contains all of the SIP elements required 

for ozone nonattainment areas under 

title I, part D, subpart 1 of the Clean Air 

Act (CAA) for the 1997 8-hour ozone 

NAAQS. 

DATES: This rule is effective on July 13, 

2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0253 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 


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