# 91 FR 37366: Approval and Promulgation of Implementation Plans; Arizona; Revisions to the Cleaner Burning Gasoline, Winter Oxygenated Fuel, and Gasoline Set-Aside Programs

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-12551

## Section

- **Citation:** 91 FR 37366
- **Heading:** Approval and Promulgation of Implementation Plans; Arizona; Revisions to the Cleaner Burning Gasoline, Winter Oxygenated Fuel, and Gasoline Set-Aside Programs
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 91 / 91 FR 37366

## Text

(415) 947-4152 or by email at buss.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION:
Throughout this document, “we,” “us,” and “our” refer to the EPA.
Table of Contents
I. Background II. The State's Submittal A. What did the State submit? B. Are there other versions of these statutes and rules? C. What is the purpose of the submitted statutes and rules? III. The EPA's Evaluation and Action A. How is the EPA evaluating the submittals? B. Do the submittals meet the evaluation criteria? C. EPA Recommendations to Further Improve the Rules D. Public Comment and Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background
Under the CAA, the EPA has promulgated national ambient air quality standards (NAAQS) for certain pervasive air pollutants. The EPA has determined that attainment and maintenance of the NAAQS concentration levels is required to protect public health ( i.e., the “primary” NAAQS) and welfare ( i.e., the “secondary” NAAQS). Under the CAA, states are required to develop and submit SIPs to implement, maintain, and enforce the NAAQS. The EPA is responsible for designating areas of the country as “attainment,” “nonattainment,” or “unclassifiable” for the various NAAQS. States with nonattainment areas are required to submit revisions to their SIPs that include a control strategy necessary to demonstrate how the area will attain the NAAQS. The EPA assigns each nonattainment area a classification (“Moderate” or “Serious” for CO and particulate matter of ten microns or less (PM 10 ) nonattainment areas and “Marginal,” “Moderate,” “Serious,” “Severe,” or “Extreme” for ozone nonattainment areas), which determines the requirements that will apply to the area.
In 1978 the EPA designated Maricopa County and the Phoenix area portion of Pima County as nonattainment for the 1971 CO NAAQS. 1 In 1986, the EPA disapproved the CO plan submitted by the ADEQ
ten microns or less (PM 10 ) nonattainment areas and “Marginal,” “Moderate,” “Serious,” “Severe,” or “Extreme” for ozone nonattainment areas), which determines the requirements that will apply to the area.
In 1978 the EPA designated Maricopa County and the Phoenix area portion of Pima County as nonattainment for the 1971 CO NAAQS. 1 In 1986, the EPA disapproved the CO plan submitted by the ADEQ. 2 In 1988, in response to a lawsuit and court order, the EPA proposed a federal implementation plan (FIP) that required the use of oxygenated gasoline during the winter months in the Phoenix area, among other CO control measures. 3 Following the EPA's proposed FIP, ADEQ submitted additional measures to control CO in the Phoenix area, including an oxygenated gasoline requirement from September 30 through March 31 of each year, a trip reduction program applicable in portions of Pima County, and the GSA program. The EPA approved ADEQ's submittal into the SIP and withdrew its proposed FIP. 4
1 See 53 FR 17378.
2 51 FR 33746 (September 23, 1986).
3 53 FR 17378 (May 16, 1998).
4 53 FR 30224 (August 10, 1988).
Under the CAA Amendments of 1990, the Phoenix area was classified as a Moderate nonattainment area for both ozone and PM 10 and a Marginal nonattainment area for CO. In 1996, the Phoenix area was reclassified as a Moderate nonattainment area for CO 5 and as a Serious nonattainment area for PM 10 . 6 Additionally, the Phoenix area was classified as a Moderate nonattainment area for ozone 7 and later reclassified as a Serious nonattainment area for the 1-hour ozone standards. 8
5 61 FR 39343 (July 29, 1996).
6 61 FR 21372 (May 10, 1996).
7 56 FR 56694 (November 6, 1991).
8 62 FR 60001 (November 6, 1997).
CAA section 211(k) requires the use of “reformulated gasoline” (RFG) in nine geographic areas of the United States with the worst ozone pollution at the time of the 1990 CAA Amendments. 9 RFG is gasoline that meets the requirements of 40 CFR 1090 to reduce emissions of ozone-forming pollutants
tutes (ARS) section 49-541 and includes all of the Phoenix 1-hour ozone nonattainment area plus additional areas in Maricopa County to the north, east, and west, as well as small portions of Yavapai County and Pinal County. Area A includes most of the Phoenix-Mesa nonattainment area for the 1997 8-hour ozone standards and other surrounding areas.
15 69 FR 10161 (March 4, 2004).
16 Id. at 10163.
In addition to the CBG program, Arizona adopted a Winter Oxygenated Fuel program in Tucson and adjacent areas in Pima County known as “Area B.” 17 The Winter Oxygenated Fuels program requires gasoline to contain a minimum oxygen content of 1.8 percent by weight from September 30 through March 31 of each year. This measure was enacted in connection with the approval of the 1996 CO limited maintenance plan for the Tucson Air Planning Area (as updated August 1997). The EPA approved this requirement into the SIP in 2000 18 and as part of the area's CO maintenance plan in 2008. 19
17 “Area B” is defined in ARS section 49-541 and includes the area delineated in Pima county as township 11 and 12 south, range 12 through 14 east; township 13 through 15 south, range 11 through 16 east; township 16 south, range 12 through 16 east, excluding any portion of the Coronado national forest and the Saguaro national park.
18 65 FR 36353 (June 8, 2000) (corrected at 65 FR 50651 (August 21, 2000)) and 69 FR 12802 (March 18, 2004).
19 74 FR 67819 (December 21, 2009).
II. The State's Submittal
A. What did the State submit?
The statutes and rules included in this SIP submittal include revisions to the State's CBG program and GSA program. These revisions were adopted by the Arizona State Legislature and the Weights and Measures Services Division (WMSD) of the Arizona Department of Agriculture and submitted by ADEQ to the EPA on June 17, 2021. 20 Supplemental information was submitted in 2025. 21 ADEQ is the governor's designee for submitting official revisions of the Arizona SIP to the EPA
o the State's CBG program and GSA program. These revisions were adopted by the Arizona State Legislature and the Weights and Measures Services Division (WMSD) of the Arizona Department of Agriculture and submitted by ADEQ to the EPA on June 17, 2021. 20 Supplemental information was submitted in 2025. 21 ADEQ is the governor's designee for submitting official revisions of the Arizona SIP to the EPA. Table 1 below identifies the
20 Letter dated June 17, 2021, from Daniel Czecholinski, Director, Air Quality Division, ADEQ, to Deborah Jordan, Acting Regional Administrator, U.S. Environmental Protection Agency Region 9 (submitted electronically June 17, 2021).
21 The EPA received multiple submissions from Arizona, which included the initial 2021 submittal and updates in April, June, and July 2025. As described further below, the State's submittal also includes materials related to interim changes to statutes and rules previously submitted in 2013 and 2014. The EPA has not acted on those previous submittals, which are superseded by the current submittal. Material related to the interim changes is not submitted for the EPA's approval. See ADEQ, SIP Revision: 2013-2020 Arizona Cleaner Burning Gasoline Program Update and the Removal of the Gasoline Set-aside Program from the Arizona SIP (Release date: June 17, 2021) (“Staff Report”), Appendix D: Previously Submitted Plans (Not For Approval).
Table 1—Submitted Statutes and Rules Proposed for Approval Into Sip Agency Rule No
cords 11/10/18 06/17/21 WMSD AAC R3-7-749 Definitions Applicable to Arizona CBG and Arizona Reformulated Blendstock for Oxygenate Blending (AZRBOB) 11/10/18 06/17/21 WMSD AAC R3-7-750 Registration Relating to Arizona CBG or AZRBOB 10/02/17 06/17/21 WMSD AAC R3-7-751 Arizona CBG Requirements 11/10/18 06/17/21 WMSD AAC R3-7-752 General Requirements for Registered Suppliers 11/10/18 06/17/21 WMSD AAC R3-7-753 General Requirements for Pipelines and Third-party Terminals 10/02/17 06/17/21 WMSD AAC R3-7-754 Downstream Blending Exceptions for Transmix 10/02/17 06/17/21 WMSD AAC R3-7-755 Additional Requirements for AZRBOB and Downstream Oxygenate Blending 11/10/18 06/17/21 WMSD AAC R3-7-756 Downstream Blending of Arizona CBG with Nonoxygenate Blendstocks 10/2/17 06/17/21 WMSD AAC R3-7-757 Product Transfer Documentation; Records Retention 11/10/18 06/17/21 WMSD AAC R3-7-759 Testing Methodologies 10/2/17 06/17/21 WMSD AAC R3-7-760 Compliance Surveys 11/10/18 06/17/21 WMSD AAC R3-7-761 Liability for Noncompliant Arizona CBG or AZRBOB 11/10/18 06/17/21 WMSD AAC R20-2-762 Penalties 10/02/17 06/17/21 WMSD AAC R3-7 Table A Test Methods for Arizona CBG and AZRBOB 10/02/17 06/17/21 WMSD AAC Title 3, Chapter 7, Article 7, Table 1 Type 1 Arizona CBG Standards 11/10/18 06/17/21 WMSD AAC Title 3, Chapter 7, Article 7, Table 2 Type 2 Arizona CBG Standards 11/10/18 06/17/21 CAA sections 110(a)(1), 110(a)(2), and 110(l) require a state to provide reasonable public notice and opportunity for public hearing prior to the adoption and submittal of a SIP or SIP revision. To meet this requirement, every SIP submittal should include evidence that adequate public notice was given and that a public hearing (if requested) was held consistent with the EPA's implementing regulations in 40 CFR 51.102.
Attachment A of the ADEQ submittal documents the public process followed by ADEQ in developing, adopting, and submitting this SIP revision
mittal of a SIP or SIP revision. To meet this requirement, every SIP submittal should include evidence that adequate public notice was given and that a public hearing (if requested) was held consistent with the EPA's implementing regulations in 40 CFR 51.102.
Attachment A of the ADEQ submittal documents the public process followed by ADEQ in developing, adopting, and submitting this SIP revision. On May 8 and 9, 2021, ADEQ published a notice, in a newspaper of general circulation in

the Phoenix area, of a public hearing to be held on June 8, 2021, and the availability of the draft version for public review and comment. ADEQ conducted the public hearing on June 8, 2021, and received no comments on the draft SIP revision. ADEQ subsequently adopted and submitted the SIP revision to the EPA by a letter dated June 17, 2021. ADEQ has therefore satisfied the applicable statutory and regulatory procedural requirements for adoption and submittal of this SIP revision.
On December 17, 2021, the submittal for the statutes and rules submitted on June 17, 2021, 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 statutes and rules?
Most of the submitted statutes and rules will supersede or replace previously approved versions in the Arizona SIP. See Table 2 below for the statutes and rules that are superseded by approval of the statutes and rules covered in this action and the dates on which the previous versions were approved by the EPA. Table 2 also lists the GSA statutes that are being removed from the SIP without replacement, along with the dates that they were approved by the EPA. The CBG statutes and rules were renumbered in 2016 to reflect the transfer of the Arizona Department of Weights and Measures into the WMSD within the Arizona Department of Agriculture, and other rule provisions were revised for clarification or stylistic purposes
ment (TSD) for this action includes additional information regarding statutes and rules that are replaced by new provisions included in this submittal.
Table 2—Existing SIP Statutes and Rules Proposed for Removal Statute or rule No. Title State effective date SIP approval a ARS 28-2701 Definitions 06/28/88 53 FR 30224 (August 10, 1988), later vacated and restored at 56 FR 3219 (January 29, 1991). ARS 28-2702 Department Survey 06/28/88 53 FR 30224 (August 10, 1988), later vacated and restored at 56 FR 3219 (January 29, 1991). ARS 28-2703 Determination of Shortage; Declaration 06/28/88 53 FR 30224 (August 10, 1988), later vacated and restored at 56 FR 3219 (January 29, 1991). ARS 28-2704 State Set-aside Volume 06/28/88 53 FR 30224 (August 10, 1988), later vacated and restored at 56 FR 3219 (January 29, 1991). ARS 28-2705 Assignment of Set-aside 06/28/88 53 FR 30224 (August 10, 1988), later vacated and restored at 56 FR 3219 (January 29, 1991). ARS 28-2706 Price 06/28/88 56 FR 3219 (January 29, 1991). ARS 28-2707 Application 06/28/88 56 FR 3219 (January 29, 1991). ARS 28-2708 Appeal 06/28/88 56 FR 3219 (January 29, 1991). ARS 41-2051 (6), (10), (11), (12), (13) Definitions [“Certification,” “Department,” “Diesel fuel,” “Director,” and “E85”] 09/26/08 77 FR 35279 (June 13, 2012). ARS 41-2065 Powers and Duties 06/11/91 57 FR 8268 (March 9, 1992). ARS 41-2066 Enforcement powers of the director and inspectors 10/25/82 53 FR 30224 (August 10, 1988); vacated and restored at 56 FR 3219 (January 29, 1991). ARS 41-2066 (A)(2) Enforcement powers of the director and inspectors 04/20/01 69 FR 10161 (March 4, 2004). ARS 41-2083 Standards for Motor Fuel; Exceptions 7/18/96 65 FR 36353 (June 8, 2000); corrected 69 FR 12802 (March 18, 2004). ARS 41-2113 (B)(4) Violation; Classification; Jurisdiction 08/21/98 69 FR 10161 (March 4, 2004). ARS 41-2115 Civil Penalties 07/18/00 69 FR 10161 (March 4, 2004). ARS 41-2121 Definitions 05/18/99 65 FR 36353 (June 8, 2000)
and inspectors 04/20/01 69 FR 10161 (March 4, 2004). ARS 41-2083 Standards for Motor Fuel; Exceptions 7/18/96 65 FR 36353 (June 8, 2000); corrected 69 FR 12802 (March 18, 2004). ARS 41-2113 (B)(4) Violation; Classification; Jurisdiction 08/21/98 69 FR 10161 (March 4, 2004). ARS 41-2115 Civil Penalties 07/18/00 69 FR 10161 (March 4, 2004). ARS 41-2121 Definitions 05/18/99 65 FR 36353 (June 8, 2000). ARS 41-2121 (5) Definitions [“Gasoline”] 09/19/07 77 FR 35279 (June 13, 2012). ARS 41-2122 Standards for Oxygenated Fuel; Volatility Exemptions 07/18/96 65 FR 36353 (June 8, 2000); corrected 69 FR 12802 (March 18, 2004). ARS 41-2123 Area A; sale of gasoline; oxygen content 08/06/99 69 FR 10161 (March 4, 2004). ARS 41-2124 Area A; Fuel Reformulation; Rules 07/18/00 69 FR 10161 (March 4, 2004). ARS 41-2125 Area B; Sale of Gasoline; Oxygen Content 07/18/96 65 FR 36353 (June 8, 2000); corrected 69 FR 12802 (March 18, 2004). AAC R20-2-101 Definitions (Administration and Procedures) 06/05/04 77 FR 35279 (June 13, 2012). AAC R20-2-701 Definitions (Motor Fuels and Petroleum Products) 02/09/01 69 FR 10161 (March 4, 2004). AAC R20-2-716 Sampling and Access to Records 10/18/99 69 FR 10161 (March 4, 2004). AAC R20-2-750 Registration Relating to Arizona CBG or 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-751 Arizona CBG Requirements 02/09/01 69 FR 10161 (March 4, 2004). AAC R20-2-752 General Requirements for Registered Suppliers 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-753 General Requirements for Pipelines and Third-party Terminals 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-754 Downstream Blending Exceptions for Transmix 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-755 Additional Requirements for AZRBOB and Downstream Oxygenate 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-756 Downstream Blending of Arizona CBG with Non-oxygenate Blend-stocks 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-757 Product Transfer Documentation; 09/22/99 69 FR 10161 (March 4, 2004)
-754 Downstream Blending Exceptions for Transmix 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-755 Additional Requirements for AZRBOB and Downstream Oxygenate 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-756 Downstream Blending of Arizona CBG with Non-oxygenate Blend-stocks 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-757 Product Transfer Documentation; 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-758 Adoption of Fuel Certification Models 09/22/99 69 FR 10161 (March 4, 2004). AAC R20-2-759 Testing Methodologies 02/09/01 69 FR 10161 (March 4, 2004). C. What is the purpose of the submitted statutes and rules?
The statutes and rules listed above establish Arizona's CBG program at the time ADEQ submitted this SIP revision. The submitted revisions reflect multiple updates to the program, including the following: updates to incorporate the most current standards adopted by ASTM International for gasoline; revisions to allow the use of isobutanol as a fuel additive; allowance of the use of the California Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB) Model 22 as an alternative testing method; changes to Reid Vapor Pressure (RVP) standards outside of the summer ozone season; clarifications related to access to sampling records, quality assurance and quality controls for CBG suppliers, pipelines and third party terminals; limitations on the use of methyl tert-butyl ether (MTBE) as an oxygenate; new provisions allowing third party terminals to blend transmix; allowing recertification of CBG blendstock if an oxygenate blender uses an approved oxygenate that differs from the supplier's blending instructions; and updates to the materials incorporated by reference related to the California Predictive Model and the Federal Complex Model. The TSD contains additional information about these changes.
22 In 2010, the EPA approved an amended version of the CARBOB model into the California SIP. See 75 FR 26653 at 26661.
III. The EPA's Evaluation and Action
A
ted to access to sampling records, quality assurance and quality controls for CBG suppliers, pipelines and third party terminals; limitations on the use of methyl tert-butyl ether (MTBE) as an oxygenate; new provisions allowing third party terminals to blend transmix; allowing recertification of CBG blendstock if an oxygenate blender uses an approved oxygenate that differs from the supplier's blending instructions; and updates to the materials incorporated by reference related to the California Predictive Model and the Federal Complex Model. The TSD contains additional information about these changes.
22 In 2010, the EPA approved an amended version of the CARBOB model into the California SIP. See 75 FR 26653 at 26661.
III. The EPA's Evaluation and Action
A. How is the EPA evaluating the submittals?
SIP rules must be enforceable (CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and Reasonable Further Progress (RFP) or other CAA requirements (CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (CAA section 193). Additional CAA requirements apply to SIP revisions addressing state fuel programs. CAA section 211(c)(4)(A) preempts states from regulating motor fuel characteristics or components where the EPA has adopted a control or prohibition under section 211(c)(1), 23 unless the state control is identical to the federal control. The EPA may waive preemption by approving the state requirements into a SIP. Approval of state fuel controls or prohibitions into a SIP requires the EPA to determine that the program is necessary to achieve NAAQS implemented by the SIP. 24
23 The EPA promulgated the regulations for the control and/or prohibition of fuels and additives for use in motor vehicles and motor vehicle engines in then 40 CFR part 80
aive preemption by approving the state requirements into a SIP. Approval of state fuel controls or prohibitions into a SIP requires the EPA to determine that the program is necessary to achieve NAAQS implemented by the SIP. 24
23 The EPA promulgated the regulations for the control and/or prohibition of fuels and additives for use in motor vehicles and motor vehicle engines in then 40 CFR part 80. In 2020, as part of the Fuels Regulatory Streamlining Rule, the EPA redrafted these controls and prohibitions into 40 CFR part 1090. (85 FR 78412). The EPA largely retained the controls and prohibitions set forth in 40 CFR part 80.
24 CAA section 211(c)(4)(C)(i). “Necessary” means that no other measures exist that would bring about timely attainment, or that other measures exist and are technically possible to implement but are unreasonable or impracticable. CAA section 211(c)(4)(C)(i).
The Energy Policy Act of 2005 (EPAct) amended the CAA by requiring the EPA, in consultation with the Department of Energy (DOE), to determine the total number of fuels approved into all SIPs under section 211(c)(4)(C) as of September 1, 2004, and to publish a list identifying these fuels and the States and Petroleum Administration for Defense Districts (PADD) in which they are used. 25 The EPAct also established three additional restrictions on the EPA's authority to waive preemption by approving a state fuel program into a SIP:
25 CAA section 211(c)(4)(C)(v)(II).
• First, the EPA may not approve a state fuel program into the SIP if it would cause an increase in the total number of fuel types approved into SIPs as of September 1, 2004. 26
26 CAA section 211(c)(4)(C)(v)(I).
• Second, the EPA is required to make a finding, after consultation with the DOE, that the new fuel will not cause supply or distribution interruptions or have a significant adverse impact on fuel producibility in the affected or contiguous areas. 27
27 CAA section 211(c)(4)(C)(v)((IV)
otal number of fuel types approved into SIPs as of September 1, 2004. 26
26 CAA section 211(c)(4)(C)(v)(I).
• Second, the EPA is required to make a finding, after consultation with the DOE, that the new fuel will not cause supply or distribution interruptions or have a significant adverse impact on fuel producibility in the affected or contiguous areas. 27
27 CAA section 211(c)(4)(C)(v)((IV).
• Third, with the exception of 7.0 psi RVP, the EPA may not approve a state fuel into a SIP unless that fuel type is already approved in at least one SIP in the applicable PADD. CAA Section 211(c)(4)(C)(v)(I), (IV), and (V). 28
28 CAA section 211(c)(4)(C)(v)((V).
On December 28, 2006, the EPA published our final interpretation of the EPAct provisions. 29 We also determined and published a list of fuels approved into all SIPs under section 211(c)(4)(C) as of September 1, 2004. These state fuels are also known as “boutique fuels.” Arizona's CBG appears on the final list as two boutique fuels: a summer blend in effect from May 1 to September 30, and a non-summer blend in effect from October 1 to April 30. 30
29 71 FR 78192.
30 See 71 FR 78199.
Generally, SIP revisions to an approved state fuel program that are within the scope of a previous necessity finding do not require another “necessity” demonstration under CAA section 211(c)(4)(C)(i). In addition, revisions that do not result in a “new fuel type” within the meaning of CAA section 211(c)(4)(C) would not implicate the EPAct restrictions. Revisions that do not raise preemption issues under CAA 211(c)(4)(C) or are administrative in nature because they improve and strengthen an existing SIP-approved program by clarifying provisions and updating references do not result in changes to “required specific fuel components, specifications or limits,” and thus do not result in a “new fuel type.”
B
nforceability and SIP revisions. Additionally, the updates to the State's CBG program do not result
CAA section 110(l) states that the EPA cannot approve a SIP revision if it would interfere with any applicable requirement concerning attainment, or RFP, or any other applicable CAA requirement. The revisions submitted by ADEQ are administrative in nature and will not result in increased emissions.
The TSD contains additional discussion of our evaluation, including our specific analyses of how the submitted statutes and rules meet the applicable requirements. Based on our review and evaluation of the 2021 submittal and 2025 supplements, as discussed in our TSD, we are proposing to determine that the statutes and rules submitted for inclusion in the Arizona SIP are consistent with CAA requirements and relevant guidance regarding enforceability and SIP revisions and would not interfere with RFP or attainment of any NAAQS or otherwise modify existing SIP requirements in a way that would reduce overall emissions reductions. Additionally, the State's elimination of the GSA program and updates to its CBG and winter oxygenated fuel programs regarding fuel characteristics and components are either not preempted or fall within the scope of our previous “necessity” finding as required by CAA section 211(c)(4)(C), 31 and do not result in any “new fuel” as described in EPAct 2005. Consequently, we are proposing to approve the submitted revisions amending the CBG program and eliminating the GSA program into the Arizona SIP.
31 63 FR 6653.
The CBG revisions we propose to approve are administrative in nature. They update the existing SIP-approved program by clarifying provisions, updating references, and enhancing program flexibility and our proposed action will not impose any additional costs or regulatory burdens. We therefore anticipate that our proposed action will have no impact upon the supply or price of gasoline in the Phoenix metropolitan area
pplements, as discussed in our TSD, we are proposing to determine that the statutes and rules submitted for inclusion in the Arizona SIP are consistent with CAA requirements and relevant guidance regarding enforceability and SIP revisions and would not interfere with RFP or attainment of any NAAQS or otherwise modify existing SIP requirements in a way that would reduce overall emissions reductions. Additionally, the State's elimination of the GSA program and updates to its CBG and winter oxygenated fuel programs regarding fuel characteristics and components are either not preempted or fall within the scope of our previous “necessity” finding as required by CAA section 211(c)(4)(C), 31 and do not result in any “new fuel” as described in EPAct 2005. Consequently, we are proposing to approve the submitted revisions amending the CBG program and eliminating the GSA program into the Arizona SIP.
31 63 FR 6653.
The CBG revisions we propose to approve are administrative in nature. They update the existing SIP-approved program by clarifying provisions, updating references, and enhancing program flexibility and our proposed action will not impose any additional costs or regulatory burdens. We therefore anticipate that our proposed action will have no impact upon the supply or price of gasoline in the Phoenix metropolitan area. Additionally, the requirements of the Arizona CBG program are currently subject to the EPA's waiver of federal enforcement of state boutique fuel requirements for gasoline. 32
32 Letter dated March 25, 2026, from Lee M. Zeldin, EPA Administrator, to Governors, “Re: National Fuel Waiver to Create Single National Gasoline Pool.” This waiver has subsequently been extended for additional 20-day periods. See EPA, Fuel Waivers, https://www.epa.gov/gasoline-standards/fuel-waivers.
C. EPA Recommendations to Further Improve the Rules
The TSD includes additional recommendations for the next time Arizona modifies the rules
re that subsequent SIP submittals will meet applicable CAA requirements and will be approvable as revisions to the approved program.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rules because they fulfill all relevant requirements. We will accept comments from the public on this proposal until July 23, 2026. If we take final action to approve the submitted rules, our final action will incorporate these rules into the federally enforceable SIP.
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the statutes and rules as identified and described in Section II of this preamble. The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law
omplies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:
• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
• Is not an Executive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant under Executive Order 12866;
• 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 subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program;
• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and
• 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.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction
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.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds.

Authority:
42 U.S.C. 7401 et seq.
Dated: June 9, 2026. Michael Martucci, Acting Regional Administrator, EPA Region IX.

[FR Doc. 2026-12551 Filed 6-22-26; 8:45 am] BILLING CODE 6560-50-P

## Nearby sections

- [91 FR 205 Airworthiness Directives; General Atomics AeroTec Systems GmbH (Type Certificate Previously Held by RUAG Aerospace Services GmbH) Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2025-24233.md)
- [91 FR 457 Airworthiness Directives; Gulfstream Aerospace LP Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00119.md)
- [91 FR 633 Special Conditions: ZeroAvia, Inc. Model ZA601 Electric Engines](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00171.md)
- [91 FR 937 Air Plan Approval; Ohio; Ohio Permit Rules Revisions](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00258.md)
- [91 FR 1098 National Bank Chartering](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00372.md)
- [91 FR 1104 Airworthiness Directives; The Boeing Company Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00409.md)
- [91 FR 1257 Fisheries of the Northeastern United States; Amendment 25 (Revised) to the Northeast Multispecies Fishery Management Plan; Atlantic Cod Stocks in Need of Conservation and Management](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00498.md)
- [91 FR 1464 National Bank Chartering; Correction](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00603.md)
- [91 FR 1471 Corporate Credit Unions](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00595.md)
- [91 FR 1473 Amendment of Class D Airspace and Establishment of Class E Airspace; Fort Worth, TX](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00604.md)
- [91 FR 1477 Marketable Treasury Securities Redemption Operations](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00598.md)
- [91 FR 1494 The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule III for Model Years 2022 to 2031 Passenger Cars and Light Trucks](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00537.md)
- [91 FR 1724 Removing Redundant, Obsolete, and Inefficient Provisions From the Regulations Governing Restrictions on Lobbying](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00687.md)
- [91 FR 1726 Edith Nourse Rogers STEM Scholarship](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00634.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-12551. Check the current official text before relying on it. Not legal advice.