Rule2026-21268
Approval and Promulgation of Implementation Plans; Arizona; Revisions to the Cleaner Burning Gasoline, Winter Oxygenated Fuel, and Gasoline Set-Aside Programs
Primary source
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Published
October 19, 2026
Effective
November 18, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is finalizing an approval of a revision to the Arizona State Implementation Plan (SIP) submitted by the Arizona Department of Environmental Quality (ADEQ). This revision includes statutes and regulations amending the Cleaner Burning Gasoline (CBG) program, which is a control measure in the greater Phoenix metropolitan area to reduce emissions of ozone- forming pollutants, carbon monoxide (CO), and particulate matter. Additionally, this revision addresses the Winter Oxygenated Fuel program to control CO emissions in the Tucson area. Finally, this revision repeals the Arizona Gasoline Set[hyphen]aside (GSA) Program, applicable to the 1971 carbon monoxide nonattainment area covering Maricopa County and a portion of Pima County. This SIP revision is administrative in nature. This final action updates the existing SIP- approved CBG program with revisions that have been adopted and implemented by the State to clarify requirements, update references, and enhance flexibility of the program and will not impose any additional costs or regulatory burdens.
Full Text
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<title>Federal Register, Volume 91 Issue 200 (Monday, October 19, 2026)</title>
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[Federal Register Volume 91, Number 200 (Monday, October 19, 2026)]
[Rules and Regulations]
[Pages 66003-66010]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21268]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0054; FRL-12607-02-R9]
Approval and Promulgation of Implementation Plans; Arizona;
Revisions to the Cleaner Burning Gasoline, Winter Oxygenated Fuel, and
Gasoline Set-Aside Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is finalizing
an approval of a revision to the Arizona State Implementation Plan
(SIP) submitted by the Arizona Department of Environmental Quality
(ADEQ). This revision includes statutes and regulations amending the
Cleaner Burning Gasoline (CBG) program, which is a control measure in
the greater Phoenix metropolitan area to reduce emissions of ozone-
forming pollutants, carbon monoxide (CO), and particulate matter.
Additionally, this revision addresses the Winter Oxygenated Fuel
program to control CO emissions in the Tucson area. Finally, this
revision repeals the Arizona Gasoline Set[hyphen]aside (GSA) Program,
applicable to the 1971 carbon monoxide nonattainment area covering
Maricopa County and a portion of Pima County. This SIP revision is
administrative in nature. This final action updates the existing SIP-
[[Page 66004]]
approved CBG program with revisions that have been adopted and
implemented by the State to clarify requirements, update references,
and enhance flexibility of the program and will not impose any
additional costs or regulatory burdens.
DATES: This rule is effective on November 18, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0054 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All
documents in the docket are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a>
website. Although listed in the index, some information is not publicly
available, e.g., Confidential Business Information (CBI) or other
information the disclosure of which is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information. If you need assistance in a language other than English or
if you are a person with a disability who needs a reasonable
accommodation at no cost to you, please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone (415) 947-4152 or by
email at <a href="/cdn-cgi/l/email-protection#2644535555084c43404054435f6643564708414950"><span class="__cf_email__" data-cfemail="45273036366b2f20232337203c052035246b222a33">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA. We use multiple abbreviations and terms
in this final rule. While this list may not be exhaustive, for ease of
reading and for reference purposes, the EPA defines the following terms
and acronyms here:
ADEQ--Arizona Department of Environmental Quality
AZRBOB--Arizona Reformulated Blendstock for Oxygenate Blending
CAA--Clean Air Act
CARBOB--California Reformulated Blendstock for Oxygenate Blending
CBG--Cleaner Burning Gasoline
CBI--confidential business information
CO--carbon monoxide
EPA--Environmental Protection Agency
GSA--Gasoline Set-aside
SIP--State Implementation Plan
TSD--Technical Support Document
WMSD--Weights and Measures Services Division
Table of Contents
I. Executive Summary
A. What action is the EPA taking?
B. What is the legal authority and what are the requirements?
II. Summary of Proposed Action
III. EPA Action and Public Comments
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Executive Summary
A. What action is the EPA taking?
The EPA is approving a revision to the Arizona SIP submitted by the
ADEQ. This revision includes statutes and regulations amending the CBG
program and the Winter Oxygenated Fuel program to control CO emissions
in the Tucson area, and it repeals the GSA Program. This action updates
the existing SIP-approved CBG program with revisions that have been
adopted and implemented by the State to clarify requirements, update
references, and enhance flexibility of the program, and it will not
impose any additional costs or regulatory burdens.
B. What is the legal authority and what are the requirements?
Under the Clean Air Act (CAA), the EPA Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable Federal regulations.\1\ In reviewing SIP submissions,
the EPA's role is to approve State choices, provided they meet the
relevant 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.
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\1\ 42 U.S.C. 7410(k); 40 CFR 52.02(a).
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The EPA is approving this submittal under CAA section 110.
Specifically, CAA section 110(k) requires SIPs to meet certain
procedural requirements and requires the EPA to approve or disapprove
SIP submissions. CAA section 110(l) requires States to provide public
notice and an opportunity for public hearing of SIP revisions prior to
their submittal and prohibits the EPA from approving any SIP revisions
that would interfere with attainment or maintenance of National Ambient
Air Quality Standards (NAAQS), reasonable further progress, or other
applicable requirements of the CAA. The EPA finds that this SIP
submittal meets all the applicable CAA requirements and the Agency
approves it under CAA section 110(k)(3).
II. Summary of Proposed Action
On June 23, 2026,\2\ the EPA proposed to approve the submitted
statutes and rules listed in table 1 of this preamble below into the
Arizona SIP. 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.\3\ Supplemental information was submitted in 2025.\4\
ADEQ is the Governor's designee for submitting official revisions to
the Arizona SIP to the EPA. Table 1 of this preamble also identifies
the dates that statutes and rules became effective locally and the
dates that they were submitted by ADEQ.\5\
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\2\ 91 FR 37366 (June 23, 2026).
\3\ 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).
\4\ The EPA received multiple submissions from Arizona, which
include the initial 2021 submittal and updates in April, June, and
July 2025. This action fully addresses the State's SIP submittals
made in June 17, 2021, April 14, 2025, and July 8, 2025, as further
clarified in additional communications from the State included in
the docket for this action. As described further below, the State's
submittal also includes materials related to interim changes to
statutes and rules that were 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[hyphen]aside Program from the
Arizona SIP (Release date: June 17, 2021) (``Staff Report''),
Appendix D: Previously Submitted Plans (Not For Approval).
\5\ Table 1 is substantially carried over from table 1 of the
proposed rulemaking, 91 FR 37366, 37368 (June 23, 2026). However, it
corrects three typos from the earlier table: (1) the entry for the
second ``AAC R3-7-101'' is corrected as ``R3-7-701''; (2) the entry
for ``AAC R20-2-762'' is corrected as ``AAC R3-7-762''; and the
effective date in the entry for ARS 3-3492 is corrected as June 30,
2016. Additionally, table 1 more specifically identifies two
statutory provisions that were submitted only in part, which were
not specified by paragraph in table 1 of the proposed rulemaking:
(1) ARS 3-3433 (only paragraphs (A) through (I) submitted); and (2)
ARS 3-3474 (only paragraphs (A)(1), (B)(4), and (C) submitted). Each
of these entries is correctly described in the TSD for the proposed
rulemaking.
[[Page 66005]]
Table 1--Submitted Statutes and Rules
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State
Agency Rule No. Rule title effective date Submitted
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State of Arizona................. ARS 3-3401 (1), Definitions............. 07/01/16 06/17/21
(2), (4), (17),
(19), (20), (22),
(24), (27), (28),
(29), (32).
State of Arizona................. ARS 3-3414......... Powers and duties; 08/03/18 06/17/21
definition.
State of Arizona................. ARS 3-3415......... Enforcement powers of 07/01/16 06/17/21
the associate director,
agents and inspectors.
State of Arizona................. ARS 3-3433 (A)--(I) Standards for motor 07/01/16 06/17/21
fuel; exceptions.
State of Arizona................. ARS 3-3473 (A)(1), Violations; 07/01/16 06/17/21
(B)(4), (C). classification;
jurisdiction.
State of Arizona................. ARS 3-3475......... Civil penalties; hearing 07/01/16 06/17/21
State of Arizona................. ARS 3-3491......... Standards for oxygenated 08/09/17 06/17/21
fuel; volatility;
exceptions.
State of Arizona................. ARS 3-3492......... Area A; sale of 06/30/16 06/17/21
gasoline; oxygen
content.
State of Arizona................. ARS 3-3493......... Area A; fuel 08/09/17 06/17/21
reformulation; rules.
State of Arizona................. ARS 3-3495......... Area B; sale of 08/06/16 06/17/21
gasoline; oxygen
content.
WMSD............................. AAC R3-7-101....... Definitions............. 11/10/18 06/17/21
WMSD............................. AAC R3-7-701....... Definitions............. 11/10/18 06/17/21
WMSD............................. AAC R3-7-702 Material Incorporated by 11/10/18 07/08/25
(A)(1)--(13), Reference.
(A)(15).
WMSD............................. AAC R3-7-708....... Gasoline Oxygenate 10/02/17 07/08/25
Blends.
WMSD............................. AAC R3-7-716....... Sampling and Access to 11/10/18 06/17/21
Records.
WMSD............................. AAC R3-7-749....... Definitions Applicable 11/10/18 06/17/21
to Arizona CBG and
Arizona Reformulated
Blendstock for
Oxygenate Blending
(AZRBOB).
WMSD............................. AAC R3-7-750....... Registration Relating to 10/02/17 06/17/21
Arizona CBG or AZRBOB.
WMSD............................. AAC R3-7-751....... Arizona CBG Requirements 11/10/18 06/17/21
WMSD............................. AAC R3-7-752....... General Requirements for 11/10/18 06/17/21
Registered Suppliers.
WMSD............................. AAC R3-7-753....... General Requirements for 10/02/17 06/17/21
Pipelines and Third-
party Terminals.
WMSD............................. AAC R3-7-754....... Downstream Blending 10/02/17 06/17/21
Exceptions for Transmix.
WMSD............................. AAC R3-7-755....... Additional Requirements 11/10/18 06/17/21
for AZRBOB and
Downstream Oxygenate
Blending.
WMSD............................. AAC R3-7-756....... Downstream Blending of 10/2/17 06/17/21
Arizona CBG with
Nonoxygenate
Blendstocks.
WMSD............................. AAC R3-7-757....... Product Transfer 11/10/18 06/17/21
Documentation; Records
Retention.
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 11/10/18 06/17/21
Noncompliant Arizona
CBG or AZRBOB.
WMSD............................. AAC R3-7-762....... Penalties............... 10/02/17 06/17/21
WMSD............................. AAC R3-7 Table A... Test Methods for Arizona 10/02/17 06/17/21
CBG and AZRBOB.
WMSD............................. AAC Title 3, Type 1 Arizona CBG 11/10/18 06/17/21
Chapter 7, Article Standards.
7, Table 1.
WMSD............................. AAC Title 3, Type 2 Arizona CBG 11/10/18 06/17/21
Chapter 7, Article Standards.
7, Table 2.
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The June 23, 2026 proposal for this action also identifies statutes
and rules that are superseded by the new submittal and accordingly
proposed for deletion from the Arizona SIP.\6\
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\6\ These rules are listed in table 2 of the proposed rule, 91
FR 37366, 37369 and 37370, and in a similar table 2 included in the
accompanying TSD. The table included in the proposed rule
inadvertently excluded several entries proposed for deletion (AAC
R20-2-760; AAC R20-2-761; AAC R20-2-762; and AAC Title 20, Chapter
2, Article 7, tables 1 and 2). These entries are listed in table 2
of the TSD and the basis for their deletion is discussed in that
document.
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III. EPA Action and Public Comments
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment letter that did not oppose
the proposed approval, and supported the accuracy and completeness of
the record. Issues raised in this comment letter are summarized with
responses below.
Comment 1: The commenter suggested that a citation, included in
footnote 63 of the technical support document (TSD) for the proposed
action, to a December 22, 2016 letter from the EPA to Gevo, Inc. should
be corrected to refer instead to the EPA's June 12, 2018 registration
approval letter for isobutanol to Butamax Advanced Biofuels LLC.
Response 1: The EPA agrees that the June 12, 2018 Butamax
registration letter is the more appropriate citation. The EPA is
including the correct version of the letter in the docket for this
action.
Comment 2: The commenter addressed the EPA's proposed approval of a
2017 version of AAC R3-7-708 that includes references to ``ethanol'' to
describe requirements for oxygenates added to gasoline. As the
commenter noted, Arizona later corrected these references to specify
application of these requirements to oxygenates generally (in addition
to ethanol) in a version of the rule that has not yet been submitted
for SIP approval. The commenter suggested that the EPA should either
decline to approve this version of the rule or state expressly in the
final rule's regulatory text (and not only in the TSD) that the
enforceable scope of R3-7-708 extends to isobutanol blending,
notwithstanding the section's ethanol-specific terms.
Response 2: The EPA acknowledges the commenter's concern regarding
the enforceable scope of AAC R3-7-708 and the presence of ethanol-
specific language in the submitted version of R3-7-708. As the EPA
stated in the TSD for our proposed rulemaking:
[[Page 66006]]
As a general matter, the CAA requirements for oxygenated fuel
are oxygenate-neutral, in that they do not require any specific
oxygenate to be used. Consistent with these requirements, the EPA
has previously communicated to ADEQ that its CBG program regulations
should allow oxygenates other than ethanol, and the State revised
its regulations in 2018 to make this change.\7\
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\7\ TSD at 19 (internal citations omitted).
The EPA also explained that the language in the submitted version
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of AAC R3-7-708 was nonetheless acceptable:
In the context of the broader CBG program, which clearly
specifies that oxygenates other than ethanol to be used, we consider
this language to be acceptable because it is apparent that the
references to ethanol are meant to address general requirements for
oxygenates and are not intended to limit the choice of oxygenate for
oxygenated fuels.\8\
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\8\ Id.
The EPA reiterates here that the scope of our approval of this
provision extends to all oxygenates that the Agency has registered
under CAA section 211(a), which is consistent with the broader context
of the submitted CBG program, notwithstanding the rule's references to
ethanol. As the EPA noted in the TSD for our proposed action, the State
has indicated that it plans to submit a revised version of this rule in
its next SIP submittal.\9\
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\9\ Id. at 18.
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Comment 3: The commenter requested that the EPA state an individual
basis for each of the nine categories of changes collectively described
as ``administrative in nature.'' The commenter noted particularly the
CARBOB Model substitution and the blendstock recertification allowance,
which they characterize as introducing new compliance pathways.
Response 3: The TSD identifies multiple changes as administrative
in nature and provides a general basis for the approval of such
changes.\10\ With respect to the CARBOB Model substitution and the
blendstock recertification allowance, the Agency's proposed approval of
the submitted revisions is based on the fact that the underlying
measures have already been approved by the EPA and the measures have
previously approved compliance pathways.\11\ The submitted revisions
add SIP-strengthening compliance flexibilities to previously approved
regulations. The EPA has considered the underlying provisions
individually in reaching this conclusion and has determined that the
submitted revisions are approvable.
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\10\ Id. at 13.
\11\ Id. at 11 and 22.
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The EPA notes that the changes the Agency is acting on and
approving strengthen the SIP by providing greater clarity to the
regulated public. As stated in the TSD for the proposed action:
The EPA has long acknowledged that SIP revisions to an approved
state fuel program that are administrative in nature because they
improve and strengthen an existing SIP-approved fuel program are
within the scope of the previous necessity finding and do not
require another ``necessity'' demonstration under CAA section
211(c)(4)(C)(i).\12\
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\12\ Id. at 13.
Comment 4: The commenter suggested that the EPA should clarify its
expectations for the interaction between the proposed SIP approval and
the EPA's national waiver of Federal enforcement which applies to state
boutique fuel requirements for gasoline, including specifically whether
the EPA anticipates the waiver lapsing before or shortly after this
action is finalized, and what compliance transition, if any, regulated
parties should expect if Federal enforcement of the approved Arizona
CBG requirements resumes on short notice.
Response 4: The comment is beyond the scope of this rulemaking. The
present action addresses only whether the rules submitted by Arizona
comply with all applicable CAA requirements for a SIP submittal.
Comment 5: The commenter suggested that the EPA should identify a
specific timeline or commitment for review of the 2023 amendments, and
that the Agency should clarify how the gap in the federally enforceable
SIP and the requirements that are currently in effect at the State
level will be addressed and over what timeframe.
Response 5: The present action addresses only the rules submitted
by Arizona. Once approved into the SIP, these rules will be federally
effective and enforceable upon all regulated parties. As noted in
response to Comment 2, Arizona has indicated that it plans to submit a
revised version of Rule R3-7-708 in its next SIP submittal.
Comment 6: The commenter observed that the publication date of the
Federal Register publication cited in footnote 3 of the proposal should
be May 16, 1988,'' instead of ``May 16, 1998,'' and suggested that this
should be changed in the final rule.
Response 6: The EPA agrees that the date for this citation was
incorrectly listed in the proposed rulemaking. The EPA hereby clarifies
that the correct citation is ``53 FR 17378 (May 16, 1988).''
No comments were submitted that changed the EPA's assessment of the
submitted rules as described in our proposed action. Therefore, the EPA
continues to find that the submitted rules should be approved into the
Arizona SIP because they fulfill all relevant CAA requirements.
Therefore, as authorized in CAA section 110(k)(3), the EPA is approving
the submitted statutes and rules into the Arizona SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is incorporating by reference the statutes and rules as
described in section II of this preamble: new sections ARS 3-3401 (1),
(2), (4), (17), (19), (20), (22), (24), (27), (28), (29), (32); ARS 3-
3433 (A)-(I); ARS 3-3473 (A)(1), (B)(4), (C); ARS 3-3475; ARS 3-3491;
ARS 3-3492; ARS 3-3493; ARS 3-3495; AAC R3-7-101; AAC R3-7-701; AAC R3-
7-702 (A)(1)-(13), (A)(15); AAC R3-7-708; AAC R3-7-716; AAC R3-7-749;
AAC R3-7-750; AAC R3-7-751; AAC R3-7-752; AAC R3-7-753; AAC R3-7-754;
AAC R3-7-755; AAC R3-7-756; AAC R3-7-757; AAC R3-7-759; AAC R3-7-760;
AAC R3-7-761; AAC R3-7-762; AAC R3-7 Table A; AAC Title 3, Chapter 7,
Article 7, Table 1; and AAC Title 3, Chapter 7, Article 7, Table 2.
These statues and rules amend the Arizona Cleaner Burning Gasoline
(CBG) program, which is a control measure in the greater Phoenix
metropolitan area to reduce emissions of ozone-forming pollutants,
carbon monoxide, and particulate matter. The EPA has made, and will
continue to make, these materials available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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). Therefore, these materials have
been approved by the EPA for inclusion in the SIP, have been
incorporated by reference by the EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.
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
[[Page 66007]]
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:
<bullet> 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);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 18, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR 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: October 14, 2026.
Michael Martucci,
Acting Regional Administrator, EPA Region IX.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. Amend Sec. 52.120:
0
a. In paragraph (c) by:
0
i. In table 1, immediately after the heading ``Arizona Revised
Statutes'':
0
A. Adding the headings ``Title 3 (Agriculture)'', ``Chapter 19 (Weights
and Measures Service Division)'', and ``Article 1 (General
Provisions)'' and the entry for ``3-3401 (1), (2), (4), (17), (19),
(20), (22), (24), (27), (28), (29), and (32)'';
0
B. Adding the heading ``Article 3 (Method of Sale of Commodities and
Services)'' and the entry for ``3-3433 (A)-(I)'' immediately after
entry ``3-3401 (1), (2), (4), (17), (19), (20), (22), (24), (27), (28),
(29), and (32)'';
0
C. Adding the heading ``Article 5 (Regulation)'' and the entries for
``3-3473 (A)(1), (B)(4), and (C)'' and ``3-3475'' immediately after
entry ``3-3433 (A)-(I)'';
0
D. Adding heading ``Article 6 (Motor Fuel)'' and entries for ``3-
3491,'' ``3-3492,'' ``3-3493,'' and ``3-3495'' immediately after entry
``3-3475''; and
0
E. Under the headings ``Title 41 (State Government)'', ``Chapter 15
(Department of Weights and Measures)'':
0
1. Removing the heading ``Article 1 (General Provisions)'' and the
entry for ``41-2051 (6), (10), (11), (12), and (13)'';
0
2. Removing the heading ``Article 3 (Method of Sale of Commodities and
Services)'' and the entry for ``41-2083'';
0
3. Removing the heading ``Article 5 (Regulation)'' and the entries for
``41-2113(B)(4)'' and ``41-2115''; and
0
4. Removing the heading ``Article 6 (Motor Fuel)'' and the entries for
``41-2121'', ``41-2121(5)'', ``41-2122'', ``41-2123'', ``41-2124'', and
``41-2125''; and
0
ii. In table 2, immediately after the heading ``Arizona Administrative
Code'':
0
A. Adding the headings ``Title 3 (Agriculture),'' ``Chapter 7
(Department of Agriculture--Weights and Measures Services Division)'',
and ``Article 1 (Administration and Procedures)'' and the entry for
``R3-7-101'';
0
B. Adding the heading ``Article 7 (Motor Fuels and Petroleum
Products)'' and entries for ``R3-7-701'', ``R3-7-702 (A)(1)-(13),
(A)(15)'', ``R3-7-708'', ``R3-7-716'', ``R3-7-749'', ``R3-7-750'',
``R3-7-751'', ``R3-7-752'', ``R3-7-753'', ``R3-7-754'', ``R3-7-755'',
``R3-7-756'', ``R3-7-757'', ``R3-7-759'', ``R3-7-760'', ``R3-7-761'',
``R3-7-762'', ``Table A'', ``Table 1'', and ``Table 2'' after the entry
for ``R3-7-101''; and
0
C. Under the headings ``Title 20 (Commerce, Financial Institutions, and
Insurance)'', ``Chapter 2 (Department of Weights and Measures)'':
0
1. Removing the heading ``Article 1 (Administration and Procedures)''
and the entry for ``R20-2-101''; and
0
2. Removing the heading for ``Article 7 (Motor Fuels and Petroleum
Products)'' and the entries for ``R20-2-701'', ``R20-2-716'', ``R20-2-
750'', ``R20-2-751'', ``R20-2-752'', ``R20-2-753'', ``R20-2-754'',
``R20-2-755'', ``R20-2-756'', ``R20-2-757'', ``R20-2-758'', ``R20-2-
759'', ``R20-2-760'', ``R20-2-761'', ``R20-2-762'', ``Table 1'', and
``Table 2''; and
0
b. In paragraph (e), in table 3, by:
0
i. Adding the headings ``Title 3 (Agriculture)'', ``Chapter 19 (Weights
and Measures Service Division)'', and ``Article 2 (State Administration
of Weights and Measures)'' and entries for ``3-3414'' and ``3-3415''
immediately after the heading ``Arizona Revised Statutes'';
0
ii. Under the heading ``Title 28 (Transportation)'' by removing the
headings ``Chapter 2 (Administration)'' and ``Article 6 (Unblended
Gasoline Shortages)\1\'' and the entries for ``28-2701'', ``28-2702'',
``28-2703'', ``28-2704'', ``28-2705'', ``28-2706'', ``28-2707'', and
``28-2708'';
0
iii. Under the heading ``Title 41 (State Government)'' by removing the
headings
[[Page 66008]]
``Chapter 15 (Department of Weights and Measures)'' and ``Article 2
(State Administration of Weights and Measures)'' and the entries for
``41-2065'', ``41-2066'', and ``41-2066(A)(2)''; and
0
iv. Removing footnote 1.
The revisions and additions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Arizona Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
ARIZONA REVISED STATUTES \1\
----------------------------------------------------------------------------------------------------------------
Title 3 (Agriculture)
----------------------------------------------------------------------------------------------------------------
Chapter 19 (Weights and Measures Service Division)
----------------------------------------------------------------------------------------------------------------
Article 1 (General Provisions)
----------------------------------------------------------------------------------------------------------------
3-3401 (1), (2), (4), Definitions...... July 1, 2016 October 19, 2026, Arizona Revised Statutes
(17), (19), (20), 91 FR [INSERT (LexisNexis, 2021). Submitted on
(22), (24), (27), Federal Register June 17, 2021.
(28), (29), and (32). PAGE WHERE THE
DOCUMENT BEGINS].
----------------------------------------------------------------------------------------------------------------
Article 3 (Method of Sale of Commodities and Services)
----------------------------------------------------------------------------------------------------------------
3-3433 (A)-(I)........ Standards for July 1, 2016 October 19, 2026, Arizona Revised Statutes
motor fuel; 91 FR [INSERT (LexisNexis, 2021). Submitted on
exceptions. Federal Register June 17, 2021.
PAGE WHERE THE
DOCUMENT BEGINS].
----------------------------------------------------------------------------------------------------------------
Article 5 (Regulation)
----------------------------------------------------------------------------------------------------------------
3-3473 (A)(1), (B)(4), Violations; July 1, 2016 October 19, 2026, Arizona Revised Statutes
and (C). classification; 91 FR [INSERT (LexisNexis, 2021). Submitted on
jurisdiction. Federal Register June 17, 2021.
PAGE WHERE THE
DOCUMENT BEGINS].
3-3475................ Civil penalties; July 1, 2016 October 19, 2026, Arizona Revised Statutes
hearing. 91 FR [INSERT (LexisNexis, 2021). Submitted on
Federal Register June 17, 2021.
PAGE WHERE THE
DOCUMENT BEGINS].
----------------------------------------------------------------------------------------------------------------
Article 6 (Motor Fuel)
----------------------------------------------------------------------------------------------------------------
3-3491................ Standards for August 9, 2017 October 19, 2026, Arizona Revised Statutes
oxygenated fuel; 91 FR [INSERT (LexisNexis, 2021). Submitted on
volatility; Federal Register June 17, 2021.
exceptions. PAGE WHERE THE
DOCUMENT BEGINS].
3-3492................ Area A; sale of June 30, 2016 October 19, 2026, Arizona Revised Statutes
gasoline; oxygen 91 FR [INSERT (LexisNexis, 2021). Submitted on
content. Federal Register June 17, 2021.
PAGE WHERE THE
DOCUMENT BEGINS].
3-3493................ Area A; fuel August 9, 2017 October 19, 2026, Arizona Revised Statutes
reformulation; 91 FR [INSERT (LexisNexis, 2021). Submitted on
rules. Federal Register June 17, 2021.
PAGE WHERE THE
DOCUMENT BEGINS].
3-3495................ Area B; sale of August 6, 2016 October 19, 2026, Arizona Revised Statutes
gasoline; oxygen 91 FR [INSERT (LexisNexis, 2021). Submitted on
content. Federal Register June 17, 2021.
PAGE WHERE THE
DOCUMENT BEGINS].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The statutory provisions listed in table 1 of paragraph (c) are considered regulatory. Other statutory
provisions are considered nonregulatory and are listed in table 3 of paragraph (e).
* * * * *
[[Page 66009]]
Table 2--EPA-Approved Arizona Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
ARIZONA ADMINISTRATIVE CODE
----------------------------------------------------------------------------------------------------------------
Title 3 (Agriculture)
----------------------------------------------------------------------------------------------------------------
Chapter 7 (Department of Agriculture--Weights and Measures Services Division)
----------------------------------------------------------------------------------------------------------------
Article 1 (Administration and Procedures)
----------------------------------------------------------------------------------------------------------------
R3-7-101.............. Definitions...... November 10, October 19, 2026, Submitted on June 17, 2021.
2018 91 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS].
----------------------------------------------------------------------------------------------------------------
Article 7 (Motor Fuels and Petroleum Products)
----------------------------------------------------------------------------------------------------------------
R3-7-701.............. Definitions...... November 10, October 19, 2026, Submitted on June 17, 2021.
2018 91 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS].
----------------------------------------------------------------------------------------------------------------
R3-7-702 (A)(1)-(13), Material November 10, October 19, 2026, Submitted on June 17, 2021. ADEQ
(A)(15). Incorporated by 2018 91 FR [INSERT clarified and revised the June
Reference. Federal Register 17, 2021 submittal in a submittal
PAGE WHERE THE dated July 8, 2025.
DOCUMENT BEGINS].
R3-7-708.............. Gasoline October 2, October 19, 2026, Submitted on June 17, 2021. ADEQ
Oxygenate Blends. 2017 91 FR [INSERT clarified and revised the June
Federal Register 17, 2021 submittal in a submittal
PAGE WHERE THE dated July 8, 2025.
DOCUMENT BEGINS].
R3-7-716.............. Sampling and November 10, October 19, 2026, Submitted on June 17, 2021.
Access to 2018 91 FR [INSERT
Records. Federal Register
PAGE WHERE THE
DOCUMENT BEGINS].
R3-7-749.............. Definitions November 10, October 19, 2026, Submitted on June 17, 2021.
Applicable to 2018 91 FR [INSERT
Arizona CBG and Federal Register
AZRBOB. PAGE WHERE THE
DOCUMENT BEGINS].
R3-7-750.............. Registration October 2, October 19, 2026, Submitted on June 17, 2021.
Relating to 2017 91 FR [INSERT
Arizona CBG or Federal Register
AZRBOB. PAGE WHERE THE
DOCUMENT BEGINS].
R3-7-751.............. Arizona CBG November 10, October 19, 2026, Submitted on June 17, 2021.
Requirements. 2018 91 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS].
R3-7-752.............. General November 10, October 19, 2026, Submitted on June 17, 2021.
Requirements for 2018 91 FR [INSERT
Registered Federal Register
Suppliers. PAGE WHERE THE
DOCUMENT BEGINS].
R3-7-753.............. General October 2, October 19, 2026, Submitted on June 17, 2021.
Requirements for 2017 91 FR [INSERT
Pipelines and Federal Register
Third-party PAGE WHERE THE
Terminals. DOCUMENT BEGINS].
R3-7-754.............. Downstream October 2, October 19, 2026, Submitted on June 17, 2021.
Blending 2017 91 FR [INSERT
Exceptions for Federal Register
Transmix. PAGE WHERE THE
DOCUMENT BEGINS].
R3-7-755.............. Additional November 10, October 19, 2026, Submitted on June 17, 2021.
Requirements for 2018 91 FR [INSERT
AZRBOB and Federal Register
Downstream PAGE WHERE THE
Oxygenate DOCUMENT BEGINS].
Blending.
R3-7-756.............. Downstream October 2, October 19, 2026, Submitted on June 17, 2021.
Blending of 2017 91 FR [INSERT
Arizona CBG with Federal Register
Nonoxygenate PAGE WHERE THE
Blendstocks. DOCUMENT BEGINS].
R3-7-757.............. Product Transfer November 10, October 19, 2026, Submitted on June 17, 2021.
Documentation; 2018 91 FR [INSERT
Records Federal Register
Retention. PAGE WHERE THE
DOCUMENT BEGINS].
R3-7-759.............. Testing October 2, October 19, 2026, Submitted on June 17, 2021.
Methodologies. 2017 91 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS].
R3-7-760.............. Compliance November 10, October 19, 2026, Submitted on June 17, 2021.
Surveys. 2018 91 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS].
R3-7-761.............. Liability for November 10, October 19, 2026, Submitted on June 17, 2021.
Noncompliant 2018 91 FR [INSERT
Arizona CBG or Federal Register
AZRBOB. PAGE WHERE THE
DOCUMENT BEGINS].
R3-7-762.............. Penalties........ October 2, October 19, 2026, Submitted on June 17, 2021.
2017 91 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS].
[[Page 66010]]
Table A............... Test Methods for October 2, October 19, 2026, Submitted on June 17, 2021.
Arizona CBG and. 2017 91 FR [INSERT
AZRBOB........... Federal Register
PAGE WHERE THE
DOCUMENT BEGINS].
Table 1............... Type 1 Arizona October 2, October 19, 2026, Submitted on June 17, 2021.
CBG Standards. 2017 91 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS].
Table 2............... Type 2 Arizona October 2, October 19, 2026, Submitted on June 17, 2021.
CBG Standards. 2017 91 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
Table 3--EPA-Approved Arizona Statutes--Non-Regulatory
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
ARIZONA REVISED STATUTES
----------------------------------------------------------------------------------------------------------------
Title 3 (Agriculture)
----------------------------------------------------------------------------------------------------------------
Chapter 19 (Weights and Measures Service Division)
----------------------------------------------------------------------------------------------------------------
Article 2 (State Administration of Weights and Measures)
----------------------------------------------------------------------------------------------------------------
3-3414................ Powers and June 17, 2021 October 19, 2026, Arizona Revised Statutes
duties; 91 FR [INSERT (LexisNexis, 2021). State
definition. Federal Register effective date August 3, 2018.
PAGE WHERE THE
DOCUMENT BEGINS].
3-3415................ Enforcement June 17, 2021 October 19, 2026, Arizona Revised Statutes
powers of the 91 FR [INSERT (LexisNexis, 2021). State
associate Federal Register effective date July 1, 2016.
director, agents PAGE WHERE THE
and inspectors. DOCUMENT BEGINS].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2026-21268 Filed 10-16-26; 8:45 am]
BILLING CODE 6569-60-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 19, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.