Approval and Promulgation of Implementation Plans; Arizona; Update to Stage II Gasoline Vapor Recovery Program; Change in the Definition of ``Gasoline'' To Exclude ``E85'' |
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Topics: Gasoline, Ethanol
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Keith Takata
Federal Register
October 3, 2011
[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Proposed Rules]
[Pages 61062-61069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25397]
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�Proposed Rules
� Federal Register
�________________________________________________________________________
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�This section of the FEDERAL REGISTER contains notices to the public of
�the proposed issuance of rules and regulations. The purpose of these
�notices is to give interested persons an opportunity to participate in
�the rule making prior to the adoption of the final rules.
�
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�
��Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 /
Proposed Rules��
[[Page 61062]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2010-0717; FRL-9473-7]
Approval and Promulgation of Implementation Plans; Arizona;
Update to Stage II Gasoline Vapor Recovery Program; Change in the
Definition of ``Gasoline'' To Exclude ``E85''
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Under the Clean Air Act, EPA is proposing to approve certain
revisions to the Arizona State Implementation Plan submitted by the
Arizona Department of Environmental Quality. These revisions concern
amendments to the statutory and regulatory provisions adopted by the
State of Arizona to regulate volatile organic compound emissions from
the transfer of gasoline from storage tanks to motor vehicle fuel tanks
at gasoline dispensing sites, i.e., stage II vapor recovery. The
revisions would also amend the definition of ``gasoline'' to explicitly
exclude E85 and thereby amend the requirements for fuels available for
use in the Phoenix metropolitan area as well as the requirements for
vapor recovery. In proposing approval of the revisions, EPA is
proposing to waive the statutory stage II vapor recovery requirements
at E85 dispensing pumps within the Phoenix area. Lastly, EPA is
proposing to correct an EPA rulemaking that approved a previous version
of the Arizona rules regulating these sources.
DATES: Comments must be received on or before December 2, 2011. Anyone
wishing the opportunity for the oral presentation of data, views, or
arguments, must submit a request on or before October 18, 2011.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2010-0717, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov.Follow
the on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (AIR-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: For further information on the
revisions to the Arizona State Implementation Plan submitted by the
Arizona Department of Environmental Quality, contact Mr. Andrew
Steckel, EPA Region IX, 75 Hawthorne Street (AIR-4), San Francisco, CA
94105, phone number (415) 947-4115, fax number (415) 947-3579, or by e-
mail at steckel.andrew@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What did the state submit for EPA action?
B. Are there other versions of these provisions in the Arizona
SIP?
C. What are the relevant statutory provisions?
D. What is the purpose of the submitted SIP revision?
II. EPA's Evaluation and Action
A. How is EPA evaluating the statutes and rules?
B. Do the statutes and rules meet the evaluation criteria?
1. Clean Air Act Requirements
2. Arizona's Stage II Vapor Recovery Requirements
3. Compliance With CAA Section 182(b)(3) Stage II Requirements
4. Compliance With CAA Section 110(l)
C. Correction of Previous Rulemaking
III. Proposed Action and Request for Public Comment
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What did the state submit for EPA action?
On September 21, 2009, the Arizona Department of Environmental
Quality (ADEQ) submitted a revision to the Arizona state implementation
plan (SIP) updating the gasoline vapor recovery program that was
originally submitted and approved by EPA in 1994 to meet certain
applicable requirements of the Clean Air Act, as amended in 1990 (CAA
or ``Act'').\1\ The specific revisions include statutory provisions and
administrative rules regulating the emissions of volatile organic
compounds (VOC) due to the transfer of gasoline from storage tanks
(typically underground) to motor vehicle fuel tanks at gasoline
stations in the Phoenix metropolitan area. The statutory
[[Page 61063]]
provisions and administrative rules are contained in enclosures 3 and 4
of ADEQ's September 21, 2009 SIP revision submittal package.\2\
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\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).
\2\ By 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.
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ADEQ's submittal represents an update to the stage II requirements
but is comprehensive in that the submitted statutory and regulatory
provisions also address general requirements related to stage I vapor
recovery.\3\ While ADEQ's submittal relates almost entirely to the
state's vapor recovery program, it also amends the State's fuels
program by amending the definition of the term ``gasoline'' to exclude
``E85,'' a change that affects both the gasoline fuels program
established for the Phoenix metropolitan area and the stage II vapor
recovery program because both programs now rely on that particular
definition. ADEQ's September 21, 2009 SIP revision submittal also
contains adequate documentation of public notice, opportunity for
comment, and a public hearing on the proposed SIP revision (see
enclosure 5 of the submittal). The public participation materials
submitted by ADEQ demonstrate compliance with the procedural
requirements set forth in section 110(l) of the Clean Air Act (CAA or
``Act''). (The substantive requirements of section 110(l) are discussed
in section II.B.4 of this document.)
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\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.
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Table 1 lists the statutory provisions, and table 2 lists the
administrative rules, that were submitted by ADEQ on September 21, 2009
and that we are proposing to approve in today's action.
Table 1--Submitted Statutory Provisions
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Arizona revised statutes Title Submitted
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Title 41, chapter 15, article 1, section 41- Definitions: subsection 6 (``Certification''), 09/21/09
2051. subsection 10 (``Department''), subsection 11
(``Diesel fuel''), subsection 12 (``Director''), and
subsection 13 (``E85'').
Title 41, chapter 15, article 6, section 41- Definitions: subsection 5 (``Gasoline'').............. 09/21/09
2121.
Title 41, chapter 15, article 7, section 41- Definitions: subsection 1 (``Annual throughput''), 09/21/09
2131. 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'').
Title 41, chapter 15, article 7, section 41- Stage I and stage II vapor recovery systems........... 09/21/09
2132.
Title 41, chapter 15, article 7, section 41- Compliance schedules.................................. 09/21/09
2133.
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Table 2--Submitted Rules
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Effective
date (for
Arizona administrative code Rule title state Submitted
purposes)
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Title 20, chapter 2, article 1, section R20-2- Definitions........................... 06/05/04 09/21/09
101.
Title 20, chapter 2, article 9, section R20-2- Material Incorporated by Reference.... 06/05/04 09/21/09
901.
Title 20, chapter 2, article 9, section R20-2- Exemptions............................ 06/05/04 09/21/09
902.
Title 20, chapter 2, article 9, section R20-2- Equipment and Installation............ 06/05/04 09/21/09
903.
Title 20, chapter 2, article 9, section R20-2- Application Requirements and Process 06/05/04 09/21/09
904. for Authority to Construct Plan
Approval.
Title 20, chapter 2, article 9, section R20-2- Initial Inspection and Testing........ 06/05/04 09/21/09
905.
Title 20, chapter 2, article 9, section R20-2- Operation............................. 10/08/98 09/21/09
907.
Title 20, chapter 2, article 9, section R20-2- Training and Public Education......... 10/08/98 09/21/09
908.
Title 20, chapter 2, article 9, section R20-2- Recordkeeping and Reporting........... 10/08/98 09/21/09
909.
Title 20, chapter 2, article 9, section R20-2- Annual Inspection and Testing......... 06/05/04 09/21/09
910.
Title 20, chapter 2, article 9, section R20-2- Compliance Inspections................ 06/05/04 09/21/09
911.
Title 20, chapter 2, article 9, section R20-2- Enforcement........................... 06/05/04 09/21/09
912.
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On March 21, 2010, the submittal of these rules for ADEQ was deemed
by operation of law to meet the completeness criteria in 40 CFR part
51, appendix V, which must be met before formal EPA review.
B. Are there other versions of these provisions in the Arizona SIP?
On November 1, 1994 (59 FR 54521), we approved Arizona's stage II
vapor recovery rules that had been adopted by the Arizona Department of
Weights and Measures (ADWM) on August 27, 1993 and submitted to us by
ADEQ on May 27, 1994. Specifically, we approved the following sections
of title 4, chapter 31, article 9 (``Gasoline Vapor Control'') of the
Arizona Administrative Code (AAC):
R4-31-901--Definitions;
R4-31-902--Material incorporated by reference;
R4-31-903--Exemptions;
R4-31-904--Equipment and installation;
[[Page 61064]]
R4-31-905--Plan review and approval;
R4-31-906--Operation;
R4-31-907--Training and public education;
R4-31-908--Recordkeeping and reporting;
R4-31-909--Annual tests; and
R4-31-910--Enforcement.
In our 1994 final rule, we made an error in how we codified the
stage II vapor recovery rules into the Arizona SIP, and are proposing
to correct that error in today's proposed action (see section II.C of
this document).
The Arizona statutory provisions that establish stage II vapor
recovery requirements were originally submitted to EPA on November 13,
1992, and later re-submitted on February 16, 1993, but, in approving
the amended Stage II vapor recovery rules submitted in 1994, EPA
inadvertently neglected to approve the statutory provisions that had
been submitted the previous year. Thus, there are no previous versions
of the ARS provisions listed in table 1 with the exception of ARS 41-
2121, paragraph (5), which defines the term ``gasoline.'' We approved
an earlier version of the definition for ``gasoline'' (then codified in
paragraph (4) of ARS section 41-2121) in connection with our approval
of the carbon monoxide redesignation request and maintenance plan for
Tucson area. See 65 FR 36353 (June 8, 2000), as corrected at 65 FR
50651 (August 21, 2000) and 69 FR 12802 (March 18, 2004).
C. What are the relevant statutory provisions?
Under CAA section 182(b)(3), Stage II vapor recovery systems are
required to be used at larger gasoline dispensing facilities located in
Serious, Severe, and Extreme nonattainment areas for ozone.\4\ Based on
deadlines established in the Act, within 24 months from the effective
date of the initial area designation and classification, states must
adopt a Stage II program into their SIPs, and the controls must be
installed according to specified deadlines following state rule
adoption. For existing facilities the installation deadlines depend on
the date the facilities were built and the monthly volume of gasoline
dispensed. See CAA sections 182(b)(3)(A)-(B), and 324(a)-(c).\5\
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\4\ See CAA section 182(b)(3), 42 U.S.C. 7511a(b)(3).
Originally, the section 182(b)(3) Stage II requirement also applied
in all Moderate ozone nonattainment areas. However, under section
202(a)(6) of the CAA, 42 U.S.C. 7521(a)(6), the requirements of
section 182(b)(3) no longer apply in Moderate ozone nonattainment
areas after EPA promulgated ORVR standards on April 6, 1994, 59 FR
16262, codified at 40 CFR parts 86 (including 86.098-8), 88 and 600.
Under implementation rules issued in 2004 for the 1997 8-hour ozone
standard, EPA retained the Stage II-related requirements under
section 182(b)(3) as they applied for the 1-hour ozone standard. 40
CFR 51.900(f)(5).
\5\ Section 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.
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However, the CAA provides discretionary authority to the EPA
Administrator to, by rule, revise or waive the section 182(b)(3) Stage
II requirement after the Administrator determines that On-Board
Refueling Vapor Recovery (ORVR) is in widespread use throughout the
motor vehicle fleet. See CAA section 202(a)(6). ORVR consists of an
activated carbon canister installed in the vehicle into which vapors
being expelled from the vehicle fuel tanks are forced to flow. There
the vapors are captured by the activated carbon in the canister. When
the engine is started, the vapors are drawn off of the activated carbon
and into the engine where they are burned as fuel. EPA promulgated ORVR
standards on April 6, 1994, 59 FR 16262.
EPA first began the phase-in of ORVR by requiring that 40 percent
of passenger cars manufactured in model year 1998 be equipped with
ORVR. The ORVR requirement for passenger cars was increased to 100
percent by model year 2000. Phase-in continued for other vehicle types
and ORVR has been a requirement on virtually all new gasoline-powered
motor vehicles (passenger cars, light trucks, and complete \6\ heavy-
duty gasoline powered vehicles under 10,000 lbs gross vehicle weight
rating (GVWR)) sold since model year 2006. See 40 CFR part 86.
Currently, ORVR-equipped vehicles comprise approximately 64 percent of
the in-service vehicle fleet nationwide, and account for around 74
percent of the vehicle miles traveled (VMT) in the nationwide fleet.
The percentage of non-ORVR 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.
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\6\ For 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.
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Recently, EPA proposed criteria for determining whether ORVR is in
``widespread use'' for purposes of controlling motor vehicle refueling
emissions throughout the motor vehicle fleet. See 76 FR 41731 (July 15,
2011). In EPA's July 15, 2011 action, EPA also proposed, based on the
proposed criteria, to establish June 30, 2013 as the date on which
``widespread use'' will occur nationally, and to establish June 30,
2013 as the date on which a nationwide waiver of Stage II gasoline
vapor recovery systems will be effective. While, if finalized as
proposed, our July 15, 2011 proposal would establish a nationwide date
for determining when ORVR is in ``widespread use'' and for waiving the
Stage II requirement, it also proposes to allow individual states to
submit SIP revisions that demonstrate that ORVR widespread use has
occurred (or will occur) on a date earlier than June 30, 2013 for areas
in their states, and to request that the EPA revise or waive the
section 182(b)(3) requirement as it applies to only those areas. See 76
FR at 41733. Consistent with EPA's July 15, 2011 proposal to allow
States to submit such SIP revisions, EPA is today proposing to approve
an area-specific revision to the Arizona SIP and to approve a waiver
for a specific portion of the motor vehicle fleet in the Phoenix
metropolitan area.
D. What is the purpose of the submitted SIP revision?
Under the Clean Air Act, as amended in 1990, the ``Phoenix area,''
defined by the Maricopa Association of Governments' (MAGs') urban
planning area boundary (but later revised to exclude the Gila River
Indian Community at 70 FR 68339 (November 10, 2005)), was classified as
a ``moderate'' nonattainment area for the 1-hour ozone national ambient
air quality standard (NAAQS). See 56 FR 56694, at 56717 (November 6,
1991). Later, the Phoenix area was reclassified as ``serious'' for the
1-hour ozone standard (62 FR 60001, November 6, 1997).
As noted above, section 182(b)(3) of the Act required States with
ozone nonattainment areas such as the Phoenix area to adopt and submit
a SIP revision requiring gasoline dispensing facilities to install and
operate stage II vapor recovery equipment. In response, in 1993, ADEQ
submitted the statutory provisions and rules establishing stage II
vapor recovery requirements in the Phoenix area, the only area in
Arizona subject to section 182(b)(3) of the Act. In May 1994, ADEQ
submitted amended
[[Page 61065]]
stage II vapor recovery rules, which EPA then approved later that year.
See 59 FR 54521 (November 1, 1994).
More recently, the Arizona Legislature has amended the relevant
statutes (1) to require ADWM to adopt rules to enhance compliance with
the stage II vapor recovery requirements, (2) to explicitly exclude
``E85'' from the definition of ``gasoline,'' and (3) to extend the
geographic area to which stage II vapor recovery requirements apply to
``area A.'' \7\ Since our approval of the stage II vapor recovery rules
in 1994, ADWM has renumbered and recodified its gasoline vapor recovery
rules and amended them to enhance compliance with the requirements. The
purpose of ADEQ's September 21, 2009 SIP revision is to incorporate the
statutory and regulatory changes described above into the Arizona SIP.
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\7\ EPA most recently approved the definition of ``area A'' as
part of the Arizona SIP in 2004. See 69 FR 10161 (March 4, 2004).
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EPA's ``Technical Support Document for EPA's Notice of Proposed
Rulemaking on Revisions to the Arizona State Implementation Plan''
(August 2011) (TSD) has more information about the statutory provisions
and rules and our evaluation, and can be found in the docket for this
action.
II. EPA's Evaluation and Action
A. How is EPA evaluating the statutes and rules?
Since 1994, when EPA last approved Arizona's stage II vapor
recovery rules, EPA has designated a larger area referred to the
``Phoenix-Mesa'' area as nonattainment for the 1997 8-hour ozone
standard (69 23858, April 30, 2004),\8\ approved the State's 1-hour
ozone redesignation request and maintenance plan for the Phoenix area
(70 FR 34362, June 14, 2005), and revoked the 1-hour ozone standard
(replaced by the 1997 8-hour ozone standard) effective June 15, 2005
(69 FR 23951, April 30, 2004). Notwithstanding the redesignation of the
Phoenix area and the revocation of the 1-hour ozone standard, the
Phoenix area remains subject to the CAA section 182(b)(3) stage II
requirement by virtue of its classification as ``serious'' for the 1-
hour ozone standard on the effective date of the area's designation as
``nonattainment'' for the 8-hour ozone standard (i.e., on June 15,
2004) under the anti-backsliding provisions of EPA's rules governing
the transition from the 1-hour to the 8-hour ozone standard. See 40 CFR
51.905(a). Thus, we have evaluated the submitted statutory provisions
and rules to ensure Arizona's stage II program complies with section
182(b)(3) of the Act. In addition, we have evaluated the submitted
statutory provisions and rules for enforceability (see CAA section
110(a)(2)), and for non-interference with reasonable further progress
or attainment of the NAAQS (see CAA section 110(l)).
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\8\ In 2009, EPA proposed to classify the Phoenix-Mesa
nonattainment area as ``marginal'' for the 1997 8-hour ozone
standard. See 74 FR 2936 (January 16, 2009). EPA has not taken final
action on the January 2009 proposed rule.
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Guidance and policy documents that we used to evaluate the
submitted statutory provisions and rules for enforceability and
compliance with CAA section 182(b)(3) stage II vapor requirement
requirements include the following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``Draft Model Rule, Gasoline Dispensing Facility--Stage II Vapor
Recovery,'' EPA (August 17, 1992).
4. ``Gasoline Vapor Recovery Guidelines,'' EPA Region IX (April 24,
2000).
5. ``Removal of Stage II Vapor Recovery in Situations Where
Widespread Use of Onboard Vapor Recovery is Demonstrated,'' memorandum
from Stephen D. Page, Director, EPA Office of Air Quality Planning and
Standards, and Margo Tsirigotis Oge, Director, EPA Office of
Transportation and Air Quality, to Regional Air Division Directors,
dated December 12, 2006 (``2006 Page/Oge Memorandum'').\9\
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\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.
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6. ``Removal of Stage II Vapor Recovery from Refueling of Corporate
Fleets,'' memorandum from Stephen D. Page, Director, EPA Office of Air
Quality Planning and Standards, and Margo Tsirigotis Oge, Director, EPA
Office of Transportation and Air Quality, to Regional Air Division
Directors, dated November 28, 2007 (``2007 Page/Oge Memorandum'').
All of the above documents can be found in the docket for this
rulemaking.
B. Do the statutes and rules meet the evaluation criteria?
1. Clean Air Act Requirements
As discussed in section I.C. of this document, CAA section
182(b)(3) requires States with ozone nonattainment areas classified as
``moderate'' or worse to adopt regulations requiring owners or
operators of gasoline dispensing systems to install and operate stage
II vapor recovery equipment at their facilities. The Act specifies that
these State rules must apply to any facility that dispenses more than
10,000 gallons of gasoline per month, or, in the case of an independent
small business marketer (as defined in CAA section 324), any facility
that dispenses more than 50,000 gallons of gasoline per month.
Section 202(a)(6) of the Act required EPA to promulgate standards
requiring that new light-duty vehicles be equipped with onboard
refueling vapor recovery (ORVR) systems. ORVR regulations were
promulgated by EPA on April 6, 1994 (see 59 FR 16262, 40 CFR 86.001 and
40 CFR 86.098). Upon promulgation of the ORVR rules, under CAA section
202(a)(6) the stage II requirement of section 182(b)(3) no longer
applied to moderate areas, but only to serious and worse areas. Since
model year 2000, all passenger cars have been required to have ORVR,
and since 2006, virtually all new gasoline powered motor vehicles
(passenger cars, light trucks, and complete heavy-duty gasoline powered
vehicles) have been required to be equipped with ORVR.
The CAA anticipates that, over the long-term, ORVR will reduce the
benefit from, and the need for, stage II vapor recovery systems at
gasoline dispensing sites in ozone nonattainment areas. Section
202(a)(6) of the CAA allows EPA to revise or waive the application of
stage II vapor recovery requirements for areas classified as serious,
severe, or extreme for ozone, as appropriate, after such time as EPA
determines that ORVR systems are in widespread use throughout the motor
vehicle fleet. CAA section 202(a)(6) does not specify which motor
vehicle fleet must be the subject of a widespread use determination
before EPA may revise or waive the section 182(b)(3) stage II
requirement. Nor does the CAA identify what level of ORVR use in the
motor vehicle fleet must be reached before it is ``widespread.'' To
date, EPA has issued two memoranda addressing when ORVR
[[Page 61066]]
widespread use might be found for particular fleets.\10\
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\10\ ``Removal of Stage II Vapor Recovery in Situations Where
Widespread Use of Onboard Vapor Recovery is Demonstrated,''
memorandum from Stephen D. Page, Director, EPA Office of Air Quality
Planning and Standards, and Margo Tsirigotis Oge, Director, EPA
Office of Transportation and Air Quality, to Regional Air Division
Directors, dated December 12, 2006; and ``Removal of Stage II Vapor
Recovery from Refueling of Corporate Fleets,'' memorandum from
Stephen D. Page, Director, EPA Office of Air Quality Planning and
Standards, and Margo Tsirigotis Oge, Director, EPA Office of
Transportation and Air Quality, to Regional Air Division Directors,
dated November 28, 2007.
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EPA expects the possibility of different rates of implementation of
ORVR across different geographic regions and among different types of
motor vehicle fleets within any region. Given this, EPA does not
believe the CAA section 202(a)(6) must be read narrowly to allow a
widespread use determination and waiver of the stage II requirement for
a given area or area's fleet only if ORVR use has become widespread
through the entire United States, or only if ORVR use has reached a
definite level in each area. Rather, EPA believes that section
202(a)(6) allows the Agency to apply the widespread use criterion to
either the entire motor vehicle fleet in a State or nonattainment area,
or to special segments of the overall fleet for which ORVR use is shown
to be sufficiently high, and to base widespread use determinations on
differing levels of ORVR use, as appropriate. EPA also believes that
the Act allows the Agency to use an area-specific rulemaking approving
a SIP revision to issue the section 202(a)(6) waiver for a relevant
fleet in a nonattainment area.
One metric that EPA has recommended in determining whether ORVR use
is widespread within a given motor vehicle fleet considers when VOC
emissions resulting from the application of ORVR controls alone equal
the VOC emissions when both stage II vapor recovery systems and ORVR
controls are used, after accounting for incompatibility excess
emissions. The incompatibility excess emissions factor relates to
losses in control efficiency when certain types of stage II and ORVR
are used together. EPA believes that one reasonable widespread use
metric based on comparable VOC emissions will likely have been reached
when the percentage of motor vehicles in service with ORVR, the vehicle
miles traveled (VMT) by ORVR-equipped vehicles, or the gasoline
dispensed to ORVR-equipped vehicles reaches 95 percent. See the 2006
Page/Oge Memorandum, page 2. Application of the 95 percent criterion
could lead, for example, to waiver of stage II vapor recovery
requirements at gasoline dispensing sites that exclusively fuel new
automobiles at assembly plants and rental cars at rental car facilities
given the high percentage (essentially 100%) of ORVR-equipped vehicles
associated with such facilities.
2. Arizona's Stage II Vapor Recovery Requirements
Arizona's stage II vapor recovery requirements are set forth in
state law (codified in the Arizona Revised Statutes) and administrative
rules adopted by ADWM (codified in the Arizona Administrative Code).
Arizona Revised Statutes (ARS) section 41-2132 (``Stage I and stage II
vapor recovery systems'') requires gasoline dispensing sites to be
equipped with a stage II vapor collection system. The requirement
applies within ``an ozone nonattainment area designated as moderate,
serious, severe or extreme by the United States environmental
protection agency under Sec. 107(d) of the clean air act, area A or
other geographical area * * *.'' ARS section 41-2132(C). ``Area A'' is
defined in ARS section 49-541 and it includes all of the metropolitan
Phoenix former 1-hour ozone nonattainment area plus additional areas in
Maricopa County to the north, east, and west, as well as small portions
of Yavapai County and Pinal County. ADEQ did not submit ARS section 49-
541 to EPA as part of the stage II vapor recovery SIP update revision
on September 21, 2009, but EPA has previously approved the current
definition of ``area A'' from ARS section 49-541 into the SIP. See 69
FR 10161 (March 4, 2004).
ARS 41-2132 also provides an exemption for gasoline dispensing
sites with a throughput of less than 10,000 gallons per month or less
than 50,000 gallons per month in the case of an independent small
business marketer as defined in section 324 of the Clean Air Act, and
for gasoline dispensing sites that are located on a manufacturer's
proving ground. ARS 41-2133 sets forth certain compliance schedules
related to the stage II vapor recovery requirements in ARS 41-2132.
The stage II vapor recovery requirements in ARS 41-2132 rely upon
the definitions of certain terms, such as ``gasoline,'' ``stage II
vapor collection system,'' and ``E85,'' among others, which are
codified in ARS sections 41-2015, 41-2121, and 41-2131, and ADEQ
included the relevant definitions, along with ARS sections 41-2132 and
41-2133, in the SIP revision submittal dated September 21, 2009. See
table 1 of this document. The definition of ``gasoline,'' which is
codified in paragraph (5) of ARS 41-2121, specifically excludes
``diesel fuel'' and ``E85.''
ARS section 41-2132(G) directs ADWM to adopt by rule standards for
the installation and operation of stage I and stage II vapor recovery
systems. ADWM's rules for such systems are codified at title 20,
chapter 2, article 9 (``Gasoline Vapor Recovery''), of the Arizona
Administrative Code (AAC). These rules rely upon certain definitions in
AAC, title 20, chapter 2, article 1 (``Administration and
Procedures''), section R20-2-101 (``Definitions''). ADEQ submitted
these rules and definition to EPA as part of the stage II SIP revision
dated September 21, 2009--see table 2 of this document.
We previously approved ADWM's stage II vapor recovery rules (59 FR
54521, November 1, 1994), and in so doing, found them to comply with
CAA section 182(b)(3), to be consistent with EPA guidance on stage II
vapor recovery regulations, and to be enforceable. Thus, our action
today is based on an evaluation of the changes in ADWM's rules as
submitted on September 21, 2009 relative to those that were approved in
1994 and that are incorporated into the existing Arizona SIP.
In addition to renumbering and recodification, ADWM's vapor
recovery rules have been amended to delete, modify, and add certain
definitions; to approve use of certain CARB test procedures not
previously approved; to include general requirements for stage I vapor
recovery systems; to add exemptions for motor raceways, motor vehicle
proving grounds, and marine and aircraft refueling facilities; to
clarify and expand application requirements; and to enhance compliance-
related provisions.
3. Compliance With CAA Section 182(b)(3) Stage II Requirements
As explained in this subsection, based on our review of Arizona's
stage II requirements set forth in certain statutes and administrative
rules, we conclude that the state meets the CAA section 182(b)(3) stage
II requirements. First, the state is requiring stage II vapor recovery
controls in an area that encompasses all of the 1-hour ozone
``serious'' nonattainment area consistent with compliance schedules set
forth in the Act. The state also provides low-volume throughput
exemptions that are consistent with those allowed for in CAA section
182(b)(3). State law, however, also provides an exemption for a
``gasoline dispensing site that is
[[Page 61067]]
located on a manufacturer's proving ground.'' See ARS 41-2132(C). This
exemption is not specifically allowed under CAA section 182(b)(3);
however, ADWM indicates that the one facility to which the exemption
had applied has closed at its location within the nonattainment area,
and the equipment has been removed to a new location outside of the
nonattainment area.\11\ Furthermore, ADWM reports that, at the
facility's new location, the fuel throughput is less than the low-
throughput (i.e., 10,000-gallon per month) threshold exemption
authorized in section 182(b)(3). Assuming that the fuel usage rate at
the relocated facility is representative of the throughput at gasoline
dispensing sites that would be covered by the State's exemption for
manufacturer's proving ground in the event that such an exempt facility
would locate once again within the nonattainment area, the exemption is
acceptable under section 182(b)(3).
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\11\ The information concerning the application of the exemption
for gasoline dispensing sites located on a manufacturers' proving
ground is contained in a letter from Duane M. Yantorno, Director,
Transportation Fuels and Air Quality Program, Arizona Department of
Weights and Measures, to Andrew Steckel, Chief, Rules Office, Air
Division, EPA Region IX, dated August 1, 2011.
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Because the state submitted the definition of ``gasoline'' in ARS
41-2121 for our approval as part of the September 21, 2009 SIP
revision, we must consider whether the exclusion in ARS 41-2121 of
``E85'' from the definition of gasoline comports with section 182(b)(3)
vapor recovery requirements. By excluding ``E85'' from the definition
of gasoline, Arizona's stage II vapor recovery law (ARS 41-2132) would
not apply to E85 dispensing pumps within the ozone nonattainment area.
E85 is a motor vehicle fuel that is a blend of as little as 15
percent gasoline and up to 85 percent ethanol. (In wintertime
applications, the ratio may be 30 percent gasoline and 70 percent
ethanol.) E85 can only be used in specially designed flexible fuel
vehicles (FFVs), which have mostly been manufactured since 1998. Since
these are newer vehicles, most of them are equipped with ORVR, and
every FFV built today has ORVR. Thus, most vehicles refueling at E85
dispensing pumps are already having their evaporative emissions
captured, as in the cases of late model rental cars refueling at rental
car facilities and newly manufactured cars being fueled for the first
time at automobile assembly plants. At the time EPA released the 2006
Page/Oge Memorandum, EPA estimated that 59 percent of FFVs in use
nationwide were equipped with ORVR, and we noted that the percentage of
FFVs with ORVR will continue to climb as older vehicles are taken out
of service and new models join the fleet. We also noted that the
percentage of FFVs equipped with ORVR varies across different ozone
nonattainment areas. In the Phoenix metropolitan area, ADWM estimates,
based on a vehicle database for 2008 provided by the Arizona Department
of Transportation's Motor Vehicle Division, that approximately 87
percent of FFVs in the Phoenix metropolitan area are equipped with
ORVR.\12\ Given how close the ORVR-equipped percentage for FFVs in the
Phoenix metropolitan area (87 percent in 2008 and climbing) is to the
ORVR widespread use threshold based on comparable VOC emissions (95
percent), discussed above, we conclude that ORVR is in widespread use
in the FFV vehicle fleet in the Phoenix metropolitan area for the
purposes of CAA section 202(a)(6) so long as the change in emissions
due to use of E85 does not interfere with attainment and RFP of any of
the NAAQS. As discussed in section II.B.4 of this document, we conclude
that allowing for greater use of ethanol (by amending the definition of
``gasoline'' to exclude E85) in the Phoenix metropolitan area would not
interfere with attainment and RFP of any of the NAAQS, and thus, under
CAA section 202(a)(6), we propose to waive the stage II vapor recovery
requirements for E85 dispensing pumps in the Phoenix metropolitan area.
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\12\ The information on the percentage of FFVs in the Phoenix
metropolitan area that are ORVR-equipped is from a report titled
``Widespread Use Analysis for E85 Stage II Waiver Request,'' sent to
EPA by Duane M. Yantorno, Director, Transportation Fuels and Air
Quality Programs, ADWM, via email on October 25, 2010.
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As noted above, in general, ADWM's revisions clarify and improve
the existing stage II vapor recovery rules that we previously approved.
The only significant changes potentially affecting approvability with
respect to CAA section 182(b)(3) are the new exemptions for motor
raceways, and for marine and aircraft refueling facilities.
ADWM has provided us information concerning the dispensing of
gasoline at the one motor raceway, the Phoenix International Raceway,
to which the exemption applies.\13\ At the Phoenix International
Raceway, two types of fuel activities occur: the first is the fueling
for service vehicles, and the second is the fueling for race cars
during the racing event. According to the information provided ADWM by
the facility, approximately 8,000 gallons of gasoline per year are
dispensed at this facility for service vehicles, which is far below the
10,000-gallon per month low-throughput threshold exemption in CAA
section 182(b)(3). Thus, as applied to service vehicles, the exemption
for gasoline dispensing sites at motor raceways is acceptable.
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\13\ The information concerning the application of the exemption
for motor raceways in the Phoenix metropolitan area is contained in
a letter from Duane M. Yantorno, Director, Transportation Fuels and
Air Quality Program, Arizona Department of Weights and Measures, to
Andrew Steckel, Chief, Rules Office, Air Division, EPA Region IX,
dated August 1, 2011.
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The facility's fixed gasoline dispensers, which are used to fuel
service vehicles, are not used for race car fueling. Instead, for race
events, the fuels are special blends that are trucked into the facility
by the supplier and dispensed from a mobile truck into gas cans to be
used during the racing event. We believe it is reasonable to interpret
CAA section 182(b)(3) as applying to ``motor vehicles'' as defined in
CAA section 216(2) (``As used in this part, * * * (2) The term ``motor
vehicle'' means any self-propelled vehicle designed for transporting
persons or property on a street or highway''), and as such, the motor
raceway exemption as it applies to refueling of race cars, which are
not designed for street or highway use, is acceptable under section
182(b)(3). The same is also true for the exemption for marine and
aircraft refueling facilities, which refuel mobile sources that clearly
are not motor vehicles as defined in CAA section 216(2). In sum, for
the reasons stated above, the new exemptions in ADWM's Stage II vapor
recovery rules for motor raceways, and for marine and aircraft
refueling facilities are acceptable.
4. Compliance With CAA Section 110(l)
Under CAA section 110(l), EPA must not approve a SIP revision if
the revision would interfere with any applicable requirement concerning
reasonable further progress (RFP) and attainment of any of the NAAQS or
any other applicable requirement under the Act. With respect to this
SIP revision, we find that the only potentially significant adverse
effect on emissions and, thus, potential for interference stems from
the exclusion of E85 from the definition of ``gasoline'' in ARS 41-
2121, which would allow for increased use of E85 (by FFVs) as a motor
fuel in the Phoenix metropolitan area, and the relative difference in
emissions from FFVs using E85 relative to the same vehicles using the
specially formulated gasoline (referred to as ``Arizona Cleaner Burning
Gasoline,'' or ``Arizona CBG'')
[[Page 61068]]
otherwise required.\14\ (Arizona CBG is a boutique fuel established to
reduce vehicle emissions in the Phoenix metropolitan area and to help
meet CAA air quality planning requirements.) The gasoline portion of
E85 must continue to meet the specifications for Arizona CBG pursuant
to AAC R20-2-718(B).
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\14\ EPA's guidance for States in developing their Stage II SIPs
in the early 1990s suggested that States use the same definition of
``gasoline'' as the one found in EPA's Standard of Performance for
Bulk Gasoline Terminals at 40 CFR 60.501, which includes ``any
petroleum distillate or petroleum distillate/alcohol blend having a
Reid vapor pressure of 27.6 kilopascals or greater which is used as
a fuel for internal combustion engines.'' EPA recommended using this
definition to most broadly reach situations in which refueling of
motor vehicles results in evaporative VOC emissions that contribute
to ozone nonattainment concentrations, and to avoid a narrow
interpretation of what is ``gasoline'' that would allow significant
VOC emissions from motor vehicle refueling activities in
nonattainment areas to go uncontrolled.
In the existing SIP, Arizona includes a definition of
``gasoline,'' AAC R4-31-901(5), that is consistent with the NSPS
definition. The SIP revision for which we are proposing approval in
today's action would replace the existing SIP definition of
``gasoline'' from Arizona's rules for gasoline vapor recovery (AAC
title 20, chapter 2, article 9) with the definition of ``gasoline''
from Arizona's statutes governing motor fuel (ARS section 41-
2121(5)). The definition of ``gasoline'' in ARS section 41-2121(5)
is as inclusive as the existing SIP definition in AAC R4-31-901(5),
except for the explicit exclusion of E85. Given that E85 can only be
used by FFVs, and based on our proposed ``widespread use''
determination with respect to the FFV fleet in the Phoenix area that
would be fueled at E85 dispensing pumps, we find the exception for
E85 from the definition of ``gasoline'' acceptable under section
182(b)(3). Moreover, to allow for the distribution and sale of E85
in the Phoenix area, a change in the term of ``gasoline'' (to
exclude E85) for stage II vapor recovery purposes alone would not
have sufficed. Because of the boutique fuel requirements of Arizona
CBG that have been approved into the Arizona SIP, a change in the
definition of ``gasoline'' as a motor fuel (to exclude E85) was also
necessary.
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We would normally look to EPA's motor vehicle emissions model (the
most recent of which is ``MOVES2010'') to estimate changes in vehicle
emissions resulting from combustion of different fuel types, but
MOVES2010 is only designed to estimate the effects of ethanol in
gasoline up to 10% by volume, and thus is not capable of estimating
vehicle emissions using E85. (EPA is planning on evaluating recently
completed and ongoing studies using E85 this year in order to add an
E85 option to the next version of MOVES.) However, we did review a
recently published study in the Journal of the Air & Waste Management
Association titled ``Effect of E85 on Tailpipe Emissions from Light-
Duty Vehicles \15\'' (herein, the ``E85 Vehicle Emissions Study''),
which provides us with insight into the potential emissions effects.
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\15\ Janet Yanowitz and Robert L. McCormick, ``Effect of E85 on
Tailpipe Emissions from Light-Duty Vehicles,'' Journal of the Air &
Waste Management Association, Volume 59, February 2009, pages 172-
182.
---------------------------------------------------------------------------
The E85 Vehicle Emissions Study compiled the results from previous
published studies but also analyzed a significantly larger database
compiled by EPA for vehicle certification purposes. Though the results
vary by pollutant and between ``tier 1'' (i.e., model year (MY) 1994-
2003) and ``tier 2'' (MY 2004-2008) vehicles, in general, the study
suggests that FFVs emit fewer oxides of nitrogen (NOX),
carbon monoxide, and particulate matter (PM) relative to the same FFVs
using gasoline. However, with respect to VOCs, FFVs may well emit
greater VOCs than the same FFVs using gasoline [based on the
measurement results for non-methane organic gases (NMOGs)].\16\
---------------------------------------------------------------------------
\16\ Ethanol 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.
---------------------------------------------------------------------------
Thus, with respect to nitrogen dioxide, carbon monoxide and
particulate matter, because emissions using E85 would be lower than
those using CBG, the incremental substitution of CBG with E85 would not
interfere with RFP or attainment of the ambient standards for those
pollutants.
We also believe that the net effect on ozone conditions in the
Phoenix 8-hour ozone nonattainment area would be beneficial despite the
potential higher VOC emission rate by E85-fueled FFVs (relative to CBG-
fueled FFVs) because of the offsetting effect of NOX
emissions reductions (from use of E85 relative to Arizona CBG) and
because of the extension of Stage II vapor recovery requirements to
``Area A,'' an area that is larger than the area formerly designated as
nonattainment for the 1-hour ozone standard and that includes the fast-
growing region west of the City of Phoenix.\17\
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\17\ As submitted in 1993, ARS section 41-2132(C) established
the stage II vapor recovery requirement within the ozone
nonattainment area, but the current version of this statute, which
is included in today's proposed approval, extends the requirement to
``Area A.''
---------------------------------------------------------------------------
Therefore, we have determined that this SIP revision, including the
change in the definition of ``gasoline'' to exclude ``E85,'' would not
interfere with RFP and attainment for any of the NAAQS.
C. Correction of Previous Rulemaking
On November 1, 1994, we took direct final action to approve the
administrative rules adopted by the Arizona Department of Weights and
Measures providing for the installation and operation of stage II vapor
recovery systems. 59 FR 54521, November 1, 1994. We incorporated the
approved rules into the Arizona SIP by adding a new paragraph (69) to
40 CFR 52.120(c), which reads: ``Maricopa County Bureau of Air
Pollution Control stage II vapor recovery program, adopted on August
27, 1993.'' The descriptive reference in paragraph (69) was erroneous
in that administrative rules governing the vapor recovery program in
the Phoenix metropolitan area in Maricopa County, and adopted on August
27, 1993, were adopted by the Arizona Department of Weights and
Measures, not the Maricopa County Bureau of Air Pollution Control
(since renamed the Maricopa County Air Quality Department). Moreover,
the descriptive reference to the vapor recovery program alone does not
inform the public and regulated community that our approval relates to
specific rules, and thus is potentially confusing to the public and
regulated community as to the contents of the SIP.
We are therefore, under section 110(k)(6) and 301(a) of the Clean
Air Act,\18\ proposing to correct our previous codification of our
approval of the stage II vapor recovery rules adopted by ADWM on August
27, 1993, and submitted by ADEQ on May 27, 1994, to identify the
appropriate regulatory agency and to identify the specific rules that
were approved.
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\18\ Section 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.
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III. Proposed Action and Request for Public Comment
As authorized in section 110(k)(3) of the Act, EPA is proposing to
approve the statutory provisions and updated administrative rules
establishing certain vapor recovery requirements in the Phoenix
metropolitan area as a revision to the Arizona SIP. Specifically, we
are proposing to approve Arizona Revised Statutes (ARS) sections listed
in table 1
[[Page 61069]]
of this document and the Arizona Administrative Code (AAC) sections
listed in table 2 of this document.\19\ Second, as authorized under CAA
section 202(a)(6), we are proposing to waive the stage II vapor
recovery requirements at E85 dispensing pumps in the Phoenix area under
CAA section 202(a)(6) based on our conclusion that ORVR is in
widespread use among the FFVs that use such facilities.
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\19\ Our proposed approval of the statutory provisions and
administrative rules would supersede the previously-approved
versions of the administrative rules in the Arizona SIP (i.e., AAC
Article 9 (``Gasoline Vapor Control''), Rules R4-31-901 through R4-
31-910, adopted by the Arizona Department of Weights and Measures on
August 27, 1993, submitted on May 27, 1994, and approved on November
1, 1994 (59 FR 54521).
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In so doing, we propose to conclude that the submitted statutory
provisions and updated administrative rules meet the related
requirements for stage II vapor recovery under CAA section 182(b)(3)
and would not interfere with attainment and RFP of any of the NAAQS or
any other CAA applicable requirement, consistent with the requirements
of CAA section 110(l). Final EPA approval of the updated statutory
provisions and rules and incorporation of them into the Arizona SIP
would make them federally enforceable.
Lastly, under section 110(k)(6) and 301(a) of the CAA, we are
proposing to correct and clarify the incorporation of the previous
version of these administrative rules into the Arizona SIP.
We will accept comments from the public on this proposed approval
for the next 30 days.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely proposes to approve State law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) given the limited nature of this
SIP revision (as to geographic scope and vehicle applicability);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 19, 2011.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 2011-25397 Filed 9-30-11; 8:45 am]
BILLING CODE 6560-50-P