The EPA Regional Administrator, Jared Blumenfeld signed the following proposed rule on October 18, 2012 and 

EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy 

of this version of the proposed rule, it is not the official version. Please refer to the official version in a forthcoming 

FR publication appearing on the Government Printing Office website, 

http://fdsys.gpo.gov/fdsys/search/home.action, and on www.regulations.gov in Docket Number EPA-R09-OAR2012-0552.

Billing Code: 6560-50-P 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R09-OAR-2011-0552; FRL-_______] 

Approval and Promulgation of Implementation Plans; Arizona; 

Motor Vehicle Inspection and Maintenance Programs 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve three revisions to the 

Arizona State Implementation Plan submitted by the Arizona 

Department of Environmental Quality. Two of these revisions 

relate to an amendment to Arizona's Basic and Enhanced Vehicle 

Emissions Inspection Programs that would exempt motorcycles in 

the Phoenix metropolitan area from emissions testing 

requirements. The third revision would expand the geographic 

area in which various air quality control measures, including 

the vehicle emissions inspection program but also including 

other control measures, apply in the Phoenix metropolitan area. 

EPA is proposing approval of these SIP revisions because we have 

found that they meet all applicable requirements and would not 

interfere with reasonable further progress or attainment of any 

of the national ambient air quality standards. EPA is proposing 

this action under the Clean Air Act obligation to take action on 

State submittals of revisions to state implementation plans. 
The EPA Regional Administrator, Jared Blumenfeld signed the following proposed rule on October 18, 2012 and 

EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy 

of this version of the proposed rule, it is not the official version. Please refer to the official version in a forthcoming 

FR publication appearing on the Government Printing Office website, 

http://fdsys.gpo.gov/fdsys/search/home.action, and on www.regulations.gov in Docket Number EPA-R09-OAR2012-0552.

DATES: Written comments must be received on or before [Insert

date 30 days from date of publication in the Federal Register]. 

ADDRESSES: Submit your comments, identified by Docket No. EPAR09-OAR-2011-0552, by one of the following methods: 

1. Federal Rulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments. 

2. E-mail: 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-2011-0552. EPA's policy is that all comments received will 

be included in the public docket without change and may be made 

available online at www.regulations.gov, including any personal 

information provided, unless the comment includes information 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on October 18, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

3 

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 e-mail 

that you consider to be CBI or otherwise protected from 

disclosure. The www.regulations.gov website is an anonymous 

access system, which means EPA will not know your identity or 

contact information unless you provide it in the body of your 

comment. If you send an e-mail comment directly to EPA without 

going through www.regulations.gov, your e-mail 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, 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 

EPA cannot read your comment due to technical difficulties and 

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

consider your comment. Electronic files should avoid the use of 

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

defects or viruses. 

Docket: 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 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

4 

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. 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, e-mail: buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, the terms 

“we,” “us,” and “our” refer to EPA. 

TABLE OF CONTENTS 

I. Introduction and Background 

II. Summary of Arizona's SIP Submittals 

III. EPA Review of the SIP Revisions 

A. CAA Procedural Provisions 

B. I/M Program Requirements 

1. Geographic Coverage 

2. Vehicle Coverage and Exemptions 

3. Compliance Enforcement 

4. Performance Evaluation 
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C. Demonstrating Noninterference with Attainment and 

Maintenance Under CAA Section 110(l) 

1. Ozone 

2. Carbon Monoxide 

3. Particulate Matter 

4. Air Toxics 

5. Conclusion 

IV. EPA's Proposed Action and Request for Public Comment 

V. Statutory and Executive Order Reviews 

I. Introduction and Background 

In May 1995, EPA approved Arizona's Basic and Enhanced 

Vehicle Emissions Inspection/Maintenance (VEI) Programs as a 

revision to the Arizona State Implementation Plan (SIP) under 

the Clean Air Act, as amended in 1990 (CAA or “Act”) and EPA's 

motor vehicle inspection and maintenance rule (“EPA’s I/M rule” 

or “federal I/M rule”) as amended. See 60 FR 22518; (May 8, 

1995). A “basic” I/M program was required in the Phoenix 

metropolitan area (referred to as “Area A”) due to the area’s 

designation as a “moderate” nonattainment area for the carbon 

monoxide (CO) and the 1-hour ozone national ambient air quality 

standards (NAAQS or “standard”).1 The VEI program was designed to 

 

1 The Phoenix metropolitan area is also a nonattainment area for respirable 

particulate matter (PM10); however, the VEI program plays a very minor role in 

the control strategy for this pollutant. There is no CAA requirement for I/M 

programs in PM10 nonattainment areas and no PM10 reduction credited from EPA’s 

emission models, MOBILE 6.2 or MOVES. 
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reduce emissions of CO, volatile organic compounds (VOC) and 

oxides of nitrogen (NOX).2 At that time, although it was not 

required to have an “enhanced” I/M program, Arizona was 

implementing most elements of an enhanced program in Phoenix. 

Arizona’s program, as implemented in Phoenix, however, was not 

approved as an enhanced program, because the program did not 

satisfy all the requirements in EPA’s I/M rule for enhanced 

programs. An enhanced I/M program became a requirement for the 

Phoenix area when the area was reclassified from “moderate” 

nonattainment to “serious” nonattainment for the CO NAAQS 

effective August 28, 1996 (61 FR 39343, July 29, 1996), and when 

the area was reclassified from “moderate” nonattainment to 

“serious” nonattainment for the 1-hour ozone NAAQS effective 

February 13, 1998 [63 FR 7290; (February 13, 1998)]. 

Since the Arizona VEI programs were originally approved in 

May 1995, EPA has amended the federal I/M rule several times to 

provide states with more flexibility in designing their programs 

but also to require testing of the on-board diagnostic (OBD) 

system. Since that time, Arizona has also made a number of 

changes to its enhanced and basic VEI programs. 

In January 2003, we approved changes to the Arizona VEI 

programs submitted to us on July 6, 2001 and April 10, 2002, 

 

2 VOC and NOx are precursors to ozone formation in the atmosphere under the 

influence of sunlight and meteorology. 
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including the incorporation of OBD testing, an exemption for the 

first five model year vehicles from the programs on a rolling 

basis, replacement of the previously-approved remote sensing 

program in Phoenix with an on-road testing study, and 

legislative changes to the waiver provisions. See 68 FR 2912; 

(January 22, 2003). In our January 2003 final rule, we also 

approved the VEI program in the Phoenix area as meeting the 

enhanced I/M program performance standard. 

In our January 2003 final rule, we also approved an 

expansion of the geographic area in which the VEI program in the 

Phoenix area applies, an area referred to as "Area A." Area A, 

as approved in 2003, includes all of the metropolitan Phoenix 

carbon monoxide and 1-hour ozone nonattainment areas plus 

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

west, as well as a small portion of Yavapai County and the 

western portions of Pinal County. "Area A" is also used by the 

State of Arizona to identify the applicable area for 

implementation of a number of other air pollution control 

measures, including but not limited to the EPA-approved cleaner 

burning gasoline (CBG) and stage II vapor recovery programs. 

See, e.g., 69 FR 10161; (March 4, 2004)(approval of CBG 

program), and 77 FR 35279; (June 13, 2012)(approval of revised 

Stage II vapor recovery program). "Area A" is defined at Arizona 

Revised Statutes (ARS) section 49-541, subsection (1). 
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In April 2004, we published a final rule governing the 

transition from the 1-hour ozone NAAQS to the 8-hour ozone 

standard that we promulgated in 1997. See 69 FR 23951; (April 

30, 2004).3 Under our April 2004 final rule, we established 

certain “anti-backsliding requirements” that would continue to 

apply to 8-hour ozone nonattainment areas based on an area’s 

designation and classification for the 1-hour ozone standard at 

the time of designation for the 1997 8-hour ozone standard, even 

after revocation of the 1-hour ozone standard. The I/M program 

requirement was included in the list of such “anti-backsliding” 

requirements. See 40 CFR 51.900(f)(2) and 51.905(a)(1)(i). 

In April 2004, we published a second final rule related to 

ozone, and in this other rule, we designated the Phoenix-Mesa 

area as a nonattainment area for the 1997 8-hour ozone standard, 

69 FR 23858, at 23878 (April 30, 2004), and, later, classified 

the area as "Subpart 2/Marginal" for that standard, 77 FR 28424 

(May 14, 2012). Thus, the requirement to continue to implement 

an enhanced I/M program continues to apply in the Phoenix 

metropolitan area based the area’s designation and 

classification for the 1-hour ozone standard notwithstanding 

revocation of the 1-hour ozone standard in June 2005. 

 

3 In 1997, EPA promulgated an 8-hour ozone standard [0.08 parts per million 

(ppm)] to replace the 1-hour ozone standard. The 1-hour ozone standard was 

revoked effective June 15, 2005. 
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In 2005, we approved maintenance plans and redesignation 

requests for both the carbon monoxide and 1-hour ozone standards 

in the Phoenix area. See 70 FR 11553; (March 9, 2005)(carbon 

monoxide redesignation request and maintenance plan approval), 

and 70 FR 34362 (June 14, 2005)(1-hour ozone redesignation 

request and maintenance plan approval). Both approved 

maintenance plans include "Expansion of Area A Boundaries" as a 

contingency measure.4 In these plans, "Expansion of Area A 

Boundaries" refers to an amendment to the definition of Area A 

in ARS 49-541 that was made by the Arizona Legislature in 2001 

to expand the boundaries of this area beyond the boundaries 

approved by EPA in 2003 to add portions of Maricopa County west 

of Goodyear and Peoria and a small piece of land on the north 

side of Lake Pleasant in Yavapai County. In light of the fact 

that the Legislature had already acted, the two maintenance 

plans noted that "Expansion of Area A" was an example of "early 

implementation" of a contingency measure. 

In March 2007, we approved changes to the Arizona VEI 

programs submitted to us on December 23, 2005 and October 3, 

2006, including an exemption for collectible vehicles from VEI 

testing in the Phoenix metropolitan area, and collectible 

 

4 See page ES-6 of the Maricopa Association of Government's (MAG's) Carbon 

Monoxide Redesignation Request and Maintenance Plan for the Maricopa County 

Nonattainment Area (May 2003) and page ES-9 of MAG's One-Hour Ozone 

Redesignation Request and Maintenance Plan for the Maricopa County 

Nonattainment Area (March 2004). 
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vehicles and motorcycles from VEI testing in the Tucson 

metropolitan area. See 72 FR 15046; (March 30, 2007). In our 

March 2007 rule, we also approved an updated performance 

evaluation standard for the VEI program in the Phoenix area; and 

new contingency measures. 

On June 13, 2007, ADEQ submitted the Eight-Hour Ozone Plan 

for the Maricopa Nonattainment Area (June 2007) ("Phoenix-Mesa 

Eight-Hour Ozone Attainment Plan") to demonstrate attainment of 

the 1997 8-hour ozone standard in the Phoenix-Mesa nonattainment 

area by June 2009. Similar to the carbon monoxide and 1-hour 

ozone maintenance plans, the Phoenix-Mesa Eight-Hour Ozone 

Attainment Plan does not take emissions reduction credit for 

"Expansion of Area A Boundaries" to demonstrate attainment or 

maintenance but lists "Expansion of Area A Boundaries" as a 

contingency measure. We approved the plan at 77 FR 35285; (June 

13, 2012). As a contingency measure, ADEQ estimated that 

"Expansion of Area A Boundaries" would reduce VOC emissions by 

approximately 1.3 metric tons per day by increasing the number 

of vehicles subject to the VEI program.5

In March 2009, ADEQ submitted the MAG Eight-Hour Ozone 

Redesignation Request and Maintenance Plan for the Maricopa 

 

5 See pages V-20 and V-21 of exhibit 2 ("Technical Support Document for Ozone 

Modeling in Support of the Eight-Hour Ozone Plan for the Maricopa 

Nonattainment Area") of appendix A to the Phoenix-Mesa Eight-Hour Ozone 

Attainment Plan. 
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Nonattainment Area (February 2009) ("Phoenix-Mesa Eight-Hour 

Ozone Maintenance Plan") to demonstrate the criteria for 

redesignation to "attainment" have been satisfied and to 

demonstrate maintenance of the 1997 8-hour ozone standard 

through year 2025. Unlike the previous plans, the Phoenix-Mesa 

Eight-Hour Ozone Maintenance Plan includes "Expansion of Area A 

Boundaries" as a measure for which credit is taken to 

demonstrate maintenance of the 1997 8-hour ozone standard 

through 2025.6 The maintenance demonstration in the Phoenix-Mesa 

Eight-Hour Ozone Maintenance Plan specifically excludes 

motorcycles from the calculated emissions reductions from the 

VEI.7 

We have not yet taken action on the Phoenix-Mesa Eight-Hour 

Ozone Maintenance Plan and do not propose action related to that 

plan herein. However, today's proposed approval of the expansion 

of Area A boundaries, as codified in amended ARS 49-541(1) and 

submitted on May 25, 2012 in connection with the 2012 Phoenix 

Area PM-10 Five Percent Plan (discussed in the following section 

of this document), provides support for the Phoenix-Mesa EightHour Ozone Maintenance Plan given its reliance on the expansion 

of Area A boundaries in maintaining the 1997 8-hour ozone 

standard once the area is redesignated. EPA will take action on 

 

6 See page ES-4 of the Phoenix-Mesa Eight-Hour Ozone Maintenance Plan. 

7 See page 3-12 of the Phoenix-Mesa Eight-Hour Ozone Maintenance Plan. 
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the Phoenix-Mesa Eight-Hour Ozone Maintenance Plan in one or 

more future rulemakings. 

Lastly, in March 2008, EPA revised the 8-hour ozone 

standard to 0.075 parts per million (ppm). See 73 FR 16436; 

(March 27, 2008). More recently, we designated the Phoenix-Mesa 

area as a "Marginal" nonattainment area for the 2008 ozone 

standard, effective July 20, 2012. See 77 FR 30088; (May 21, 

2012). Such "Marginal" nonattainment areas must attain the 

standard as expeditiously as practicable but not later than July 

20, 2015 (i.e., 3 years from July 20, 2012, the effective date 

of the nonattainment designation). 

II. Summary of Arizona's SIP Submittals 

The Arizona Department of Environmental Quality (ADEQ) 

submitted the most recent statutory changes to its Basic and 

Enhanced VEI Programs as a revision to the Arizona State 

Implementation Plan (SIP) on November 6, 2009 (“2009 VEI SIP 

Revision”). The 2009 VEI SIP Revision submittal includes the SIP 

revision itself, divided into a non-regulatory portion, “Final 

Arizona State Implementation Plan Revision, Exemption of 

Motorcycles from Vehicle Emissions Inspection/Maintenance 

Requirements in Area A” (October 2009), and a regulatory 

portion, House Bill (HB) 2280, as well as supporting materials 

related to legal authority, adoption, public process and 

technical analysis. 
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HB 2280 amends the Arizona Revised Statutes (ARS) Section 

49-542 by exempting motorcycles from emissions testing in Area A 

(i.e., the Phoenix area). Specifically, the amendments to ARS 

49-542 are found in paragraphs or subparagraphs (F)(2)(e), 

(F)(3), (J)(2)(l), and (K) of that section of code. The changes 

to ARS Section 49-542 are self-implementing, which means that 

they become effective upon EPA approval as a revision to the 

Arizona SIP. Section 2 of HB 2280 provides that the exemption 

becomes effective upon EPA approval of a SIP revision on or 

before July 10, 2010. 

In consultation with EPA concerning the VEI SIP Revision, 

ADEQ prepared additional information regarding the impacts of 

the motorcycle exemption on attainment of the 2008 8-hour ozone 

NAAQS and the 1987 PM10 NAAQS. On January 11, 2011, ADEQ adopted 

and submitted the additional information and a replacement 

measure in a supplemental SIP revision, entitled, “Addendum to 

the Arizona State Implementation Plan Revision, Exemption of 

Motorcycles from Vehicle Emissions Inspections and Maintenance 

Program Requirements in Area A, October 2009” (December 2010) 

(“2011 VEI SIP Addendum”). In the cover letter to the 2011 VEI 

SIP Addendum, ADEQ indicated that, through House Bill 2033 

adopted in April 2010, the Arizona Legislature had extended the 
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date authorizing the motorcycle exemption to July 2012.8 Also, as 

part of the submittal of the 2011 VEI SIP Addendum, ADEQ 

documented the public participation process that was conducted 

by ADEQ prior to adoption and submittal of the Addendum to EPA. 

On May 25, 2012, ADEQ submitted the MAG 2012 Five Percent 

Plan for PM-10 for the Maricopa County Nonattainment Area (May 

2012) ("2012 Phoenix Area PM-10 Five Percent Plan"). The 2012 

PM-10 Phoenix Area Five Percent Plan was submitted to provide 

for attainment of the PM10 standard and an annual reduction in 

PM10 emissions within the area of not less than five percent 

until attainment of the standard. Among the statutes submitted 

as part of the 2012 Phoenix Area PM-10 Five Percent Plan for 

approval as part of the Arizona SIP is ARS 49-541(1), which 

establishes the boundaries of Area A as expanded by the Arizona 

Legislature in 2001.9 As noted, several previous plans for the 

Phoenix area had included "Expansion of Area A Boundaries" as a 

contingency measure, but the more recent submitted plans, 

including the Phoenix-Mesa Eight-Hour Ozone Maintenance Plan and 

the 2012 Phoenix Area PM-10 Five Percent Plan, rely on it as 

part of the long-term control or maintenance strategy. With 

respect to ADEQ's May 25, 2012 SIP revision submittal of the 

 

8 Through House Bill 2073 in 2012, the Arizona Legislature has further 

extended the date authorizing the motorcycle exemption to July 2014. 

9 See exhibit 1 in Appendix C to the 2012 PM-10 Five Percent Plan. 
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2012 Phoenix Area PM-10 Five Percent Plan, EPA is proposing 

action only on the amended statutory provision that expands the 

boundaries of Area A [i.e., amended ARS 49-541(1)]. EPA will 

take action on the rest of the 2012 Phoenix Area PM-10 Five 

Percent Plan in one or more future rulemakings. 

III. EPA Review of the SIP Revisions 

A. CAA Procedural Provisions 

CAA section 110(l) requires revisions to a SIP to be 

adopted by the state after reasonable notice and public hearing. 

EPA has promulgated specific requirements for SIP revisions in 

40 CFR part 51, subpart F. 

On September 14 and 15, 2009, ADEQ published notices in 

newspapers of general circulation in the Phoenix area of public 

hearings on proposed revisions to the Arizona SIP to exempt 

motorcycles in Phoenix from emissions testing requirements under 

the Arizona VEI programs (i.e., a draft VEI SIP Revision). 

Public hearings were held on October 15, 2009 in Phoenix. On 

November 6, 2009, in accordance with Arizona law, ADEQ adopted 

these exemptions as set forth in “Final Arizona State 

Implementation Plan Revision, Exemption of Motorcycles from 

Vehicle Emissions Inspection/Maintenance Requirements in Area A” 

(October 2009) as a revision to the Arizona SIP and submitted 

the revision to EPA for approval. 
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ADEQ followed a similar process in adopting and submitting 

the 2011 VEI SIP Addendum. ADEQ held a public hearing on 

December 15, 2010 in Phoenix on a draft VEI SIP Addendum and 

adopted the VEI SIP Addendum on January 11, 2011 in accordance 

with Arizona law prior to submittal to EPA as a revision to the 

Arizona SIP. 

ADEQ also provided for public comment and hearing of the 

2012 Phoenix Area PM-10 Five Percent Plan. Specifically, ADEQ 

published notice of the start of a 30-day comment period on 

March 12, 2012. In this notice, ADEQ also provided notice of a 

public hearing that was, as scheduled, held on April 12, 2012. 

See exhibit 1 ("Public Hearing Process Documentation") to 

appendix E to the 2012 Phoenix Area PM-10 Five Percent Plan. 

ADEQ's 2009 VEI SIP Revision, 2011 VEI SIP Addendum, and 

2012 Phoenix Area PM-10 Five Percent Plan submittal packages 

include evidence of public notice and hearing, ADEQ responses to 

public comments, and ADEQ adoption as described above, and, 

based on review of these materials, we find that ADEQ has met 

the procedural requirements of CAA section 110(l) and 40 CFR 

part 51, subpart F. 

B. I/M Program Requirements 

As noted in Section I, Introduction and Background, herein, 

Arizona's VEI programs were most recently approved as meeting 

federal I/M program requirements on March 30, 2007 (72 FR 
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15046). Although the Phoenix and Tucson areas have been 

redesignated to “attainment” for the CO NAAQS, the VEI programs 

continue to be relied upon to maintain the CO standard in those 

areas. Moreover, “enhanced” I/M remains an “applicable 

requirement” for the Phoenix area under our final rule 

implementing the 8-hour ozone NAAQS (see 40 CFR 51.900(f) and 

51.905(a)(1)) based on the designation of that area as a 

nonattainment area for the 8-hour ozone NAAQS (and designation 

as nonattainment for the 1-hour ozone NAAQS at the time of 

designation for the 8-hour standard). Thus, to be approved, the 

VEI programs, as amended and evaluated herein, must continue to 

meet the relevant enforceability requirements for I/M programs 

in subpart S of 40 CFR part 51 and, for the Phoenix area with 

respect to ozone, the enhanced performance standard in 40 CFR 

51.351. In the following paragraphs, we review ADEQ’s 2009 VEI 

SIP Revision and 2011 VEI SIP Addendum to determine whether the 

amended VEI programs continue to meet federal I/M program 

requirements. 

The aspects of I/M affected by the submitted revisions to 

the VEI programs and the expansion of Area A boundaries include 

geographic coverage, vehicle coverage and exemptions, compliance 

enforcement, and the performance standard evaluation. 

1. Geographic Coverage 
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EPA's I/M regulations require that state I/M programs be 

implemented in the entire urbanized area, based on the 1990 

census. See 40 CFR 51.350. We have found in our approvals of the 

Arizona VEI program in 1995 and 2003 that the geographic 

coverage of the VEI program in the Phoenix area meets the 

minimum requirements of EPA's I/M regulations. Since then, no 

regulatory changes or new designations have changed the minimum 

requirements with respect to the geographic coverage of the I/M 

program in the Phoenix area, and thus, the expansion of the 

boundaries of Area A, which define the area in which the VEI 

program is implemented, is also acceptable.

2. Vehicle Coverage and Exemptions 

The performance standard for enhanced I/M programs 

(including alternate low enhanced programs) assumes coverage of 

all 1968 and later model year light duty vehicles and trucks. 

Light duty trucks are not included in the performance standard 

for basic I/M programs. Other levels of coverage may be approved 

if the necessary emission reductions are achieved. See 40 CFR 

51.356. 

The Arizona VEI programs approved by EPA in 1995 exempt 

several categories of vehicles from the emissions testing 

requirements. Such vehicle categories included, among others, 

vehicles manufactured in or before the 1966 model year and 

vehicles being sold between motor vehicle dealers. See 60 FR 
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22518, 22521 (May 8, 1995). In 2003, we approved revisions to 

the VEI programs including an exemption for the first five model 

year vehicles on a rolling basis. See 68 FR 2912 (January 22, 

2003). In 2007, we exempted collectible vehicles from the 

Phoenix and Tucson areas and motorcycles from the Tucson area. 

The SIP revision we are acting on today would establish an 

additional vehicle category that would be exempt from emissions 

testing requirements: motorcycles from the Phoenix area. Based 

on data for calendar year 2008, motorcycles make up 

approximately 38,100 (or 3.7 percent) of the 1,027,600 total 

number of vehicles subject to VEI in the Phoenix area. See table 

9 on page 17 of the 2009 VEI SIP Revision.

Basic and enhanced I/M programs are not required to test 

any particular category of motor vehicles so long as the 

performance standard is met, and thus I/M programs are not 

required to test motorcycles. The effect of the new exemption 

for motorcycles on the continued ability of the VEI program in 

the Phoenix area to meet the enhanced I/M program performance 

standard is discussed below in Section III.B.3, “Performance 

Evaluation,” and the effect of the new exemptions on emissions 

and ambient air quality in Phoenix is discussed herein in 

Section III.C, “Demonstrating Noninterference With Attainment 

And Maintenance Under CAA Section 110(l).” 

3. Compliance Enforcement 
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Section 51.361 of title 40 of the CFR requires that denial 

of motor vehicle registration be the method used to ensure 

compliance with enhanced I/M programs. ARS Section 49-542(D) and 

Arizona Administrative Code (AAC) R18-2-1007 requires that all 

vehicles must complete a vehicle emissions inspection to obtain 

a vehicle registration. 

Exemption of motorcycles in the Phoenix area from emissions 

testing would be straightforward from the standpoint of 

compliance enforcement and would not undermine compliance 

enforcement for other types of vehicles that continue to be 

subject to the emissions testing requirements under the VEI 

program in the Phoenix area. Owners of motorcycles registered in 

the Phoenix area will simply receive a registration or reregistration form from the Arizona Department of Transportation, 

Motor Vehicle Division that indicates “emissions test not 

required.” 

Therefore, we find that the Arizona VEI programs, as 

amended to exempt motorcycles in the Phoenix area, would 

continue to meet the compliance enforcement requirements of 40 

CFR 51.361. 

4. Performance Evaluation 

As part of the 2009 VEI SIP Revision submittal, ADEQ 

provided an updated performance evaluation using the EPA’s motor 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on October 18, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

21 

vehicle emissions model, MOBILE6.2.10 The updated performance 

evaluation included a summary report and paper copies of 

MOBILE6.2 input and output files. The purpose of the updated 

performance evaluation is to determine whether the VEI program, 

as amended to exempt motorcycles, would continue to meet the 

federal enhanced I/M performance standard (codified at 40 CFR 

51.351) in the Phoenix area. The need for an updated performance 

evaluation follows from the fact that the Phoenix area, which 

was designated as nonattainment for the 1-hour ozone NAAQS (at 

the time of designation for the 8-hour ozone nonattainment), is 

designated as nonattainment for the 8-hour ozone NAAQS and that 

enhanced I/M remains an “applicable requirement” for such areas 

under our final rule implementing the 8-hour ozone NAAQS [see 40 

CFR 51.900(f) and 51.905(a)(1)]. 

For the updated evaluation, ADEQ developed and applied 

reduction factors to exclude motorcycles from the fleet tested 

under the VEI program as provided for in HB 2280. ADEQ then 

compared the emissions reduction benefits from the revised VEI 

program with the corresponding benefits that would be achieved 

under EPA’s alternate low enhanced I/M performance standard. 

 

10 ADEQ submitted the 2009 VEI SIP Revision prior to the availability and 

requirement to use EPA’s Motor Vehicle Emissions Simulator model “MOVES2010”. 

While ADEQ’s 2011 VEI SIP Addendum was submitted after the availability of 

MOVES2010, we did not require the use of the new MOVES2010 model because 

significant work had already begun on the SIP revision. See 75 FR 9411 (March 

2, 2010). 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

22 

The results of ADEQ’s analysis are summarized in Table 1 

below, which shows that the emissions reduction benefits 

achieved by the Phoenix VEI program as amended are higher than 

those achieved under the performance standard. The amended 

Phoenix VEI program thus continues to achieve greater emissions 

reductions than the federal model program because the VEI 

program includes elements that go beyond federal I/M 

requirements. These include a requirement for a one-time only 

waiver, an implementation area beyond the nonattainment area 

boundaries, and denial of waivers for grossly-emitting vehicles. 

Table 1.--Results of ADEQ’s Alternate Low Enhanced Performance 

Standard Modelinga

2002 2008 

VOC NOx CO VOC NOx CO 

I/M Benefits in 

Area A (grams/ 

 mile) 

0.201 0.109 2.938 0.088 0.101 1.579 

I/M Performance 

Standard 

 benefits 

(grams/mile) 

0.152 0.026 2.262 0.056 0.006 1.160 

a The emission rates in this table represent the difference 

between the fleet-wide emission rate under the applicable 

program (i.e., amended Arizona VEI program or EPA's I/M model 

program) and the corresponding emission rate under the no-I/M 

scenario. See Table 8 on page 16 of the 2009 VEI SIP Revision. 

Based on our review of the 2009 VEI SIP Revision, we find 

ADEQ’s methods used to update the performance standard 

evaluation and use of the alternate low enhanced I/M performance 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

23 

standard to be acceptable, and we find that the VEI program, as 

amended to exempt motorcycles in the Phoenix area from the 

emissions testing requirements, exceeds the alternate low 

enhanced I/M performance standard in the Phoenix area as 

required under 40 CFR 51.351 and 51.905(a)(1). 

C. Demonstrating Noninterference with Attainment and Maintenance 

Under CAA Section 110(l) 

Revisions to SIP-approved control measures must meet the 

requirements of Clean Air Act section 110(l) to be approved by 

EPA. Section 110(l) states in relevant part: “The Administrator 

shall not approve a revision of a plan if the revision would 

interfere with any applicable requirement concerning attainment 

and reasonable further progress (as defined in section 171), or 

any other applicable requirement of this Act.” 

We interpret section 110(l) to apply to all requirements of 

the CAA and to all areas of the country, whether attainment, 

nonattainment, unclassifiable, or maintenance for one or more of 

the six criteria pollutants. We also interpret section 110(l) to 

require a demonstration addressing all pollutants whose 

emissions and/or ambient concentrations may change as a result 

of the SIP revision. Thus, for example, modification of a SIPapproved measure may impact NOx emissions, which may impact ozone 

and PM2.5. The scope and rigor of an adequate section 110(l) 

demonstration of noninterference depends on the air quality 
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24 

status of the area, the potential impact of the revision on air 

quality, the pollutant(s) affected, and the nature of the 

applicable CAA requirements. 

The 2009 VEI SIP Revision submittal that seeks exemption of 

motorcycles from the Phoenix enhanced I/M program includes an 

evaluation of the effects of the revision to the VEI programs on 

ozone, carbon monoxide, PM2.5, and PM10 within the Phoenix 

metropolitan area. The details of ADEQ’s evaluation of the 

emissions effects and related ambient air quality impacts of the 

new exemptions are contained in “Technical Support Document for 

Evaluating Emissions Impacts of Exempting Motorcycles from 

Vehicle Emissions Inspections and Comparing Inspection and 

Maintenance (I/M) Emission Reduction Benefits in Area A with the 

EPA Enhanced I/M Performance Standard (August 19, 2009)” (“2009 

Report”), which was included as Appendix B to the 2009 VEI SIP 

Revision. 

The 2009 report indicates that ADEQ used the EPA’s motor 

vehicle emissions model program, MOBILE6.2, to estimate the 

emissions effects of the new exemptions. The methods used to 

gather data included acquisition of data from the State vehicle 

emissions inspections programs, other state agencies, air 

quality planning agencies and relevant air quality plans. We 

find that ADEQ used reasonable methods and appropriate models in 

estimating the emissions effects of the new exemptions. Table 2 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

25 

below summarizes ADEQ’s estimates by pollutant in units of 

metric tons per day (mtpd). Table 2 also shows the emissions 

impact as a percentage of the overall pollutant-specific 

inventory in the applicable area. 

Table 2.--VOC and CO Emissions Increases Associated with the 

2009 VEI SIP Revisiona

Pollutant 

Area-wide total 

emissions 

(mtpd) 

I/M benefit 

from motorcycle 

test and repair 

(mtpd) 

Percent of 

areawide total 

emissions 

inventory 

Volatile 

Organic 

Compounds 

606.7 0.056 0.009 

Carbon Monoxide 912.3 0.246 0.027 

a I/M Benefit = the reduction in on-road emissions due to the 

motorcycle exemption in Area A. See pages 7 and 12 of 2009 VEI 

SIP Revision. 

1. Ozone 

Ozone is formed by the interaction of directly-emitted 

precursor emissions, volatile organic compounds (VOC) and oxides 

of nitrogen (NOx), as influenced by the meteorological and 

topographical features of an area. 

As noted above, in 2004, EPA designated the Phoenix area as 

a nonattainment area for the 1997 8-hour ozone standard, 69 FR 

23858 (April 30, 2004), and in 2012, designated the Phoenix area 

as a nonattainment area for the 2008 8-hour ozone standard, 77 

FR 30088 (May 21, 2012). 
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As indicated in Table 2 above, based on ADEQ's estimates, 

the revision to the 2009 VEI program in Phoenix would increase 

VOC emissions by approximately 0.056 metric tons per day, which 

represents approximately 0.009% of the overall VOC emissions 

inventory in this area under existing conditions. ADEQ did not 

estimate NOx emissions, but we agree with ADEQ’s assertion that 

repairs to vehicles to reduce VOC and CO emissions often result 

in an incremental increase in NOx emissions and, thus, 

discontinuance of such repairs (e.g., through an exemption) 

could result in an incremental decrease in such emissions. 

While minor, the incremental increase in VOC emissions due 

to the motorcycle exemption would occur in an area that is 

violating the 2008 ozone standard based on the design value for 

2008-2010. 

ADEQ’s 2011 VEI SIP Addendum includes a measure that is 

intended to substitute for the foregone VOC emissions reductions 

from the motorcycle exemption and to thereby provide a basis to 

find that the 2009 VEI SIP Revision would not interfere with 

attainment of the 2008 ozone standard. The measure identified as 

the substitute is a 2008 EPA rule for aerosol coatings (spray 

paints and coatings) ("coatings rule"). See 73 FR 15604 (March 

24, 2008); 74 FR 29595 (June 23, 2009). The compliance date for 

the 2008 EPA coatings rule was July 1, 2009. The designation of 

the Phoenix-Mesa area as a "marginal" nonattainment for the 2008 
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ozone NAAQS reflects ambient data from calendar years 2008-2010, 

and thus reflects in part the VOC emission reduction benefit 

from the 2008 EPA coatings rule and still the Phoenix area 

appears to be violating the 2008 ozone standard. Thus, with the 

information available at the present time, we cannot conclude 

that the coatings rule would offset the VOC emissions increases 

estimated to occur due to the motorcycle exemption. However, we 

find that the expansion of the boundaries of Area A, as 

submitted in regulatory form in ADEQ's submittal dated May 25, 

2012, would more than offset the incremental increase in VOC 

emissions. 

As noted above, the estimated benefit of "Expansion of Area 

A Boundaries" would be approximately 1.3 metric tons per day of 

VOC due to the extension of the applicability of the VEI program 

to areas not otherwise subject to the program.11 In contrast, the 

incremental increase in VOC emissions due to the motorcycle 

exemption is estimated by ADEQ to be less than 0.1 metric tons 

per day (or more specifically, 0.056 mtpd). Thus, we find that 

exempting motorcycles from emissions testing under the VEI 

program, together with expanding the boundaries of Area A, would 

not interfere with attainment or maintenance of the ozone NAAQS 

in the Phoenix area. 

 

11 See page 5-16 of the approved Phoenix-Mesa Eight-Hour Ozone Attainment 

Plan, and footnote #5 included in this action. 
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2. Carbon Monoxide 

Carbon monoxide (CO) is a product of incomplete combustion 

of fuels. In most urban areas, most of the CO comes from motor 

vehicle exhaust. 

In 2005, EPA redesignated the Phoenix area for CO, and 

approved a maintenance plan that provides for maintenance of the 

CO NAAQS in that area through 2015. See 70 FR 11553 (March 9, 

2005) and 70 FR 52926 (September 6, 2005). 

As indicated in Table 2 above, based on ADEQ's estimates, 

the motorcycle exemption would increase CO emissions by 

approximately 0.246 metric tons per day, which represents 

approximately 0.027% of the overall CO emissions inventory in 

this area under existing conditions. This incremental increase 

would be more than offset by the expansion of Area A 

boundaries.12 Moreover, the net reduction in CO emissions due to 

these SIP revisions would occur in an area where overall CO 

emissions are expected to remain relatively constant over the 

next 10 years and where ambient CO levels are well below the 

NAAQS. 

Specifically, overall CO emissions are expected to decrease 

by only 1% between 2006 and 2015,13 and the highest second-

 

12 On page ES-8 of MAG's Carbon Monoxide Redesignation Request and 

Maintenance Plan for the Maricopa County Nonattainment Area (May 2003), MAG 

estimates that Area A Expansion would reduce area-wide CO emissions by 0.1%. 

13 See MAG's Carbon Monoxide Redesignation Request and Maintenance Plan for 

the Maricopa County Nonattainment Area (May 2003), page 3-10. 
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highest value (i.e., the basis for the NAAQS) collected among 

the 14 stations comprising the CO monitoring network in the 

Phoenix area is 4.6 ppm, eight-hour average, or less than 55% of 

the 8-hour CO NAAQS (based on 2006-2007 data).14

Therefore, based on the net reduction in CO emissions due 

to the VEI SIP Revision and expansion of Area A boundaries, the 

relatively constant level of overall CO emissions, and 

monitoring data that shows that ambient CO levels remain well 

below the CO NAAQS, we find that exempting motorcycles from 

emissions testing under the VEI program, together with expanding 

the boundaries of Area A, would not interfere with continued 

attainment of the CO NAAQS in the Phoenix area. 

3. Particulate Matter 

EPA has promulgated different NAAQS for particles with a 

nominal aerodynamic diameter of 10 microns or less (PM10) and for 

particles with a nominal aerodynamic diameter of 2.5 micrometers 

(microns) or less (PM2.5). Ambient PM10 and PM2.5 levels consist of 

directly-emitted particles as well as secondary particles formed 

through atmospheric reactions involving such precursors as NOx

and sulfur dioxide (SO2). 

In 1990, the Phoenix area was designated as a “moderate” 

nonattainment for the PM10 NAAQS by operation of law under the 

 

14 See page 13 of the 2009 VEI SIP Revision. 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on October 18, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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CAA Amendments of 1990. EPA reclassified the area as “serious” 

in 1996. See 61 FR 21372 (May 10, 1996). In 2002, EPA approved 

the “serious area” PM10 plan, which was intended to provide for 

attainment of the PM10 NAAQS in the Phoenix area by 2006. See 67 

FR 48718 (July 25, 2002); certain plan elements re-approved at 

71 FR 43979 (August 3, 2006). In 2007, EPA finalized its finding 

that the Phoenix area had failed to attain the PM10 NAAQS by the 

applicable attainment date. See 72 FR 31183 (June 6, 2007). 

Finally, on February 14, 2011, EPA finalized its finding that 

the Phoenix area had failed to submit an attainment 

demonstration SIP for its PM10 nonattainment area. See 76 FR 8300 

(February 14, 2011). PM10 emissions in the Phoenix area are 

largely attributable to coarse particles, composed primarily of 

geologic material.15 

In 2005, EPA designated Maricopa County as 

“unclassifiable/attainment” for the 1997 PM2.5 NAAQS. See 70 FR 

944, at 954 (January 5, 2005). More recently, EPA designated 

Maricopa County as “unclassifiable/attainment" for the 2006 PM2.5

NAAQS. See 76 FR 6056 (February 3, 2011). Local monitoring by 

co-located PM10 and PM2.5 monitors confirms that PM2.5 on high PM10

days is a small fraction of the PM10 concentrations. 

 

15 “PM-10 Source Apportionment and Deposition Study Prepared for Maricopa 

Association of Governments by Sierra Research, Inc.”, 2008, p. 2. 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

31 

PM10 emissions are emitted as a product of incomplete 

combustion along with such other pollutants as CO and VOC, and 

because the exemption of motorcycles from emissions testing 

requirements of the VEI program in the Phoenix area would 

incrementally increase emissions of the latter pollutants, it 

would also likely result in the incremental increase of the 

former as well. 

Neither the MOBILE6.2 nor the MOVES2010 emissions models 

provide any PM10 emission reduction credit for the I/M program. 

In light of its failure to attain the PM10 NAAQS, however, EPA 

requested ADEQ to attempt to quantify the PM10 emissions impact 

of this new exemption. ADEQ used the MOBILE6.2 model to estimate 

the I/M impact on PM10 emissions from motorcycles based on the 

gaseous hydrocarbon emissions. ADEQ’s estimated PM10 emissions in 

Area A due to the exemption of motorcycles from the VEI program 

is equivalent to approximately 0.000361% of the total PM10

emissions in Area A.16 However, similar to our evaluation for 

ozone, we find that the expansion of the boundaries of Area A 

would more than offset the minimal estimated increase in PM10

emissions due to the motorcycle exemption. As a result, we 

conclude that the motorcycle exemption, combined with the 

 

16 See pages 11-13 of the 2011 VEI SIP Addendum. 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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expansion of the boundaries in Area A, would be consistent with 

attainment of the PM10 standard in the Phoenix area. 

With respect to the PM2.5 standard, all of the PM10 from 

exhaust can be assumed to be PM2.5. We believe that the motorcycle 

exemption, considered together with the expansion of Area A 

boundaries, would not interfere with attainment or maintenance 

of the PM2.5 standard because there would be a net decrease in 

emissions and because the area is currently attaining the 

standard. 

4. Air Toxics 

Since the CAA does not have ambient air quality standards 

for air toxics, the EPA's interpretation of section 110(l) is 

that an area’s compliance with any applicable Maximum Achievable 

Control Technology (MACT)standards, as well as any Federal Motor 

Vehicle Control Programs (FMVCP) under sections 112 or 202(l) of 

the CAA constitutes an acceptable demonstration of 

noninterference for air toxics. Motor vehicles are not subject 

to MACT standards, and the VEI SIP Revision, together with the 

expansion of Area A boundaries, will not interfere with any 

Federal Motor Vehicle Control Programs that apply in the area. 

For these reasons, the State thus concludes, and EPA concurs, 

that the VEI SIP Revision and expansion of Area A boundaries 

would not interfere with any applicable CAA requirements 

relative to air toxics. 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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5. Conclusion 

Based on the evaluation presented above, we find that the 

exemption of motorcycles in the Phoenix area from the VEI 

program, coupled with the expansion of the boundaries of Area A 

would not interfere with reasonable further progress or 

attainment of any of the NAAQS, and thus, we propose to approve 

the 2009 VEI SIP Revision, 2011 VEI SIP Addendum, and the 

expansion of the boundaries of Area A [i.e., amended ARS section 

49-541(1)] as consistent with the requirements for SIP revisions 

under CAA section 110(l). 

D. Contingency Provisions of CAA Section 175A(d) 

In 2005, EPA redesignated the Phoenix area from 

nonattainment to attainment for the CO NAAQS and approved a 

maintenance plan. See 70 FR 11553 (March 9, 2005) and 70 FR 

52926 (September 6, 2005). The CO maintenance plan includes 

contingency elements or plans that we approved as meeting the 

requirements of CAA section 175A(d). 

The contingency plan establishes an action (or trigger) 

level protective of the NAAQS and identifies several measures, 

including expansion of “Area A” (the area in which certain 

control measures apply), for early implementation as well as 

consideration of additional measures on a set schedule following 

the triggering event. At the time of redesignation of the 

Phoenix area to attainment for the CO NAAQS, the VEI programs 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

34 

were adopted and approved into the Arizona SIP and were assumed 

to continue in effect throughout the maintenance periods. 

Moreover, the VEI programs at the time of redesignation of these 

areas did not exempt motorcycles from the emissions testing 

requirements. 

 Generally, contingency plans should clearly identify the 

measures to be adopted, a schedule and procedure for adoption 

and implementation, and a specific time limit for action by the 

State and should also identify specific indicators, or triggers, 

which will be used to determine when the contingency measures 

need to be implemented. See EPA Memorandum from John Calcagni, 

Office of Air Quality Planning and Standards, entitled 

“Procedures for Processing Requests to Redesignate Areas to 

Attainment,” dated September 4, 1992. At a minimum, CAA section 

175A(d) requires that the State adopt as contingency measures 

all control measures that had been approved in the SIP for the 

area prior to redesignation but that the State subsequently 

repeals or relaxes. In this instance, because the EPA-approved 

VEI emissions testing requirements applied to motorcycles at the 

time of redesignation for the Phoenix area, reinstatement of 

emissions testing for this newly-exempt vehicle category must be 

adopted as contingency measures for the Phoenix CO maintenance 

areas to comply with CAA section 175A(d). 
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ADEQ’s 2009 VEI SIP Revision includes a new contingency 

measure establishing a binding commitment on ADEQ to request 

Legislative action to reinstate emissions testing for 

motorcycles in the Phoenix area should the applicable area 

experience a violation of the CO standards.17 Specifically, 

ADEQ’s contingency measure involves notification to the 

Legislature by the October following a violation of the CO 

standard in the Phoenix area. After notifying the Legislature, 

ADEQ will request that the Arizona Legislature enact new 

legislation to reinstate the motorcycle exemption during the 

General Legislative Session that begins in January. ADEQ's 

request to the Legislature will call for testing to be renewed 

for the newly exempt vehicle category in the Phoenix testing 

area beginning the January following the General Legislative 

Session. 

We view ADEQ’s contingency measure in the context of the 

existing EPA-approved CO contingency plans for the Phoenix area, 

and as such, we find that the plans, as amended to include these 

new contingency measures, continue to meet the requirements of 

CAA section 175A(d), and that the new contingency measure itself 

is consistent with all applicable requirements. 

IV. EPA's Proposed Action and Request for Public Comment 

 

17 See page 19 of the 2009 VEI SIP Revision. 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

36 

Under section 110(k) of the CAA, EPA is proposing to 

approve the revisions to the Arizona SIP submitted by ADEQ on 

November 6, 2009 and January 11, 2011 concerning the exemption 

of motorcycles from the Arizona VEI program in the Phoenix area, 

because we find that the revisions meet all applicable 

requirements, and together with the expansion of the geographic 

area to which the VEI and other air pollution control measures 

apply, would not interfere with reasonable further progress or 

attainment of any of the national ambient air quality standards. 

EPA is also proposing to approve the revised statutory provision 

[amended Arizona Revised Statutes (ARS) section 49-541(1)], 

submitted by ADEQ on May 25, 2012,18 that expands the boundaries 

of Area A, i.e., the area in which the various air pollution 

control measures (including the VEI, and cleaner burning 

gasoline and stage II vapor recovery programs) in the Phoenix 

area apply. 

We will accept comments from the public on this proposal 

for the next 30 days. 

V. Statutory and Executive Order Reviews 

 

18 Final approval of the amendment to ARS 49-541(1) that expands the 

boundaries of "Area A" to those promulgated by the Arizona Legislature in 

2001 would supersede the previous versions of ARS 49-541(1) approved into the 

Arizona SIP and would expand the applicability under the Arizona SIP of the 

VEI program, the CBG program, the Stage II vapor recovery program and any 

other Arizona SIP control measure that relies on the definition of "Area A" 

in ARS 49-541(1). 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

37 

Under the Clean Air Act, the Administrator is required to 

approve a SIP submission that complies with the provisions of 

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

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

is to approve state choices, provided that they meet the 

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

proposes to approve state law as meeting Federal requirements 

and does not impose additional requirements beyond those imposed 

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

• is not a "significant regulatory action" subject to review 

by the Office of Management and Budget under Executive 

Order 12866 (58 FR 51735, October 4, 1993); 

• does not impose an information collection burden under the 

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

et seq.); 

• is certified as not having a significant economic impact on 

a substantial number of small entities under the Regulatory 

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

• does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

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

• does not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999); 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

38 

• is not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 

(62 FR 19885, April 23, 1997); 

• is not a significant regulatory action subject to Executive 

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

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

National Technology Transfer and Advancement Act of 1995 

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

requirements would be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the discretionary authority to 

address, 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, this proposed rule does not have tribal 

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

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

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

not impose substantial direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

39 

Environmental protection, Air pollution control, Carbon 

monoxide, Intergovernmental relations, Oxides of nitrogen, 

Ozone, Reporting and recordkeeping requirements, Volatile 

organic compounds. 

____10-22-2012_____ ________/s/________________

Dated: Jared Blumenfeld, 

Regional Administrator, 

Region IX.