[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Proposed Rules]
[Pages 61062-61069]
[FR Doc No: 2011-25397]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================

Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 /
Proposed Rules

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.

-----------------------------------------------------------------------

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<EMAIL_ADDRESS>    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<PHONE_NUMBER>, fax number<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
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

provisions and administrative rules are contained in enclosures 3 and 4
of ADEQ's September 21, 2009 SIP revision submittal package.\2\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.)
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
          Arizona revised statutes                                    Title                           Submitted
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

                                            Table 2--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                Effective
                                                                                date  (for
          Arizona administrative code                         Rule title                   state      Submitted
                                                                                purposes)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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;

     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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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)).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

widespread use might be found for particular fleets.\10\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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'')

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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


[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Rules and Regulations]
[Pages 60748-60751]
[FR Doc No: 2011-25157]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1219]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Deputy Federal
Insurance and Mitigation Administrator reconsider the changes. The
modified BFEs may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community

where the modified BFE determinations are available for inspection is
provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

    Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Pima..........................  City of Tucson (10-09- July 22, 2011; July   The Honorable Robert E.    November 28, 2011..............       040076
                                     2016P).                29, 2011; The         Walkup, Mayor, City of
                                                            Arizona Daily Star.   Tucson, 255 West Alameda
                                                                                Street, Tucson, AZ 85701.
    Pinal.........................  Unincorporated areas   July 15, 2011; July   The Honorable Pete Rios,   November 21, 2011..............       040077
                                     of Pinal County (11-   22, 2011; The Case    Chairman, Pinal County
                                     09-0945P).             Grande Dispatch.      Board of Supervisors,
                                                                                P.O. Box 827, 31 North
                                                                                Pinal Street, Building
                                                                                A, Florence, AZ 85132.
Arkansas: Benton..................  City of Bentonville    July 7, 2011; July    The Honorable Bob          November 11, 2011..............       050012
                                     (11-06-0823P).         14, 2011; The         McCaslin, Mayor, City of
                                                            Benton County Daily   Bentonville, 117 West
                                                            Record.               Central Avenue,
                                                                                Bentonville, AR 72712.
California:
    Sacramento....................  City of Sacramento     July 16, 2011; July   The Honorable Kevin        November 21, 2011..............       060266
                                     (11-09-2263P).         23, 2011; The         Johnson, Mayor, City of
                                                            Sacramento Bee.       Sacramento, 915 I
                                                                                Street, 5th Floor, Mail
                                                                                Code 09100, Sacramento,
                                                                                CA 95814.
    Sacramento....................  Unincorporated areas   July 16, 2011; July   The Honorable Roberta      November 21, 2011..............       060262
                                     of Sacramento County   23, 2011; The         MacGlashan, Chair,
                                     (11-09-2263P).         Sacramento Bee.       Sacramento County Board
                                                                                of Supervisors, 700 H
                                                                                Street, Suite 2450,
                                                                                Sacramento, CA 95814.
    Ventura.......................  City of Camarillo (11- July 27, 2011;        The Honorable Mike         July 19, 2011..................       065020
                                     09-0883P).             August 3, 2011; The   Morgan, Mayor, City of
                                                            Ventura County Star.  Camarillo, 601 Carmen
                                                                                Drive, Camarillo, CA
                                                                                93010.
    Ventura.......................  Unincorporated areas   July 27, 2011;        The Honorable Linda        July 19, 2011..................       060413
                                     of Ventura County      August 3, 2011; The   Parks, Chair, Ventura
                                     (11-09-0883P).         Ventura County Star.  County Board of
                                                                                Supervisors, 800 South
                                                                                Victoria Avenue,
                                                                                Ventura, CA 93009.
Colorado:
    Douglas.......................  Unincorporated areas   July 7, 2011; July    The Honorable Jill         June 30, 2011..................       080049
                                     of Douglas County      14, 2011; The         Repella, Chair, Douglas
                                     (11-08-0044P).         Douglas County News-  County Board of
                                                            Press.                Commissioners, 100 3rd
                                                                                Street, Castle Rock, CO
                                                                                80104.
    Teller........................  City of Woodland Park  July 13, 2011; July   The Honorable Steve        November 17, 2011..............       080175
                                     (10-08-0932P).         20, 2011; The Pikes   Randolph, Mayor, City of
                                                            Peak Courier View.    Woodland Park, P.O. Box
                                                                                9007, 220 West South
                                                                                Avenue, Woodland Park,
                                                                                CO 80863.
    Teller........................  Unincorporated areas   July 13, 2011; July   The Honorable Jim          November 17, 2011..............       080173
                                     of Teller County (10-  20, 2011; The Pikes   Ignatius, Chairman,
                                     08-0932P).             Peak Courier View.    Teller County Board of
                                                                                Commissioners, P.O. Box
                                                                                959, 112 North ``A''
                                                                                Street, Cripple Creek,
                                                                                CO 80813.
Florida:
    Escambia......................  Unincorporated areas   June 16, 2011; June   The Honorable Kevin        June 9, 2011...................       120080
                                     of Escambia County     23, 2011; The         White, Chairman,
                                     (11-04-2176P).         Pensacola News        Escambia County Board of
                                                            Journal.              Commissioners, P.O. Box
                                                                                1951, 221 Palafox Place,
                                                                                Suite 400, Pensacola, FL
                                                                                32502.

    Marion........................  City of Ocala (11-04-  July 21, 2011; July   The Honorable Randy        November 25, 2011..............       120330
                                     2943P).                28, 2011; The Star-   Ewers, Mayor, City of
                                                            Banner.               Ocala, 151 Southeast
                                                                                Osceola Avenue, Ocala,
                                                                                FL 34471.
    Volusia.......................  Unincorporated areas   August 1, 2011;       Mr. James Dinneen,         December 6, 2011...............       125155
                                     of Volusia County      August 8, 2011; The   Volusia County Manager,
                                     (11-04-5578X).         Beacon.               123 West Indiana Avenue,
                                                                                DeLand, FL 32720.
Hawaii: Honolulu..................  City of Honolulu and   July 15, 2011; July   The Honorable Peter B.     November 21, 2011..............       150001
                                     Unincorporated areas   22, 2011; The         Carlisle, Mayor, City
                                     of Honolulu County     Honolulu Star-        and County of Honolulu,
                                     (10-09-3709P).         Advertiser.           530 South King Street,
                                                                                Room 300, Honolulu, HI
                                                                                96813.
Idaho: Teton......................  Unincorporated areas   August 11, 2011;      The Honorable Kathryn      September 1, 2011..............       160230
                                     of Teton County (11-   August 18, 2011;      Rinaldi, Chair, Teton
                                     10-0678P).             The Teton Valley      County Board of
                                                            News.                 Commissioners, Teton
                                                                                County Courthouse, 150
                                                                                Courthouse Drive Driggs,
                                                                                ID 83422.
Iowa: Linn........................  City of Marion (11-07- August 11, 2011;      The Honorable Paul Rehn,   December 16, 2011..............       190191
                                     1284P).                August 18, 2011;      Mayor, City of Marion,
                                                            The Marion Times.     2710 25th Avenue,
                                                                                Marion, IA 52302.
Montana: Missoula.................  Unincorporated areas   July 28, 2011;        The Honorable Jean         December 2, 2011...............       300048
                                     of Missoula County     August 4, 2011; The   Curtiss, Chairman,
                                     (11-08-0184P).         Missoula              Missoula County Board of
                                                            Independent.          Commissioners, 200 West
                                                                                Broadway, Missoula, MT
                                                                                59802.
New York: Suffolk.................  Town of Brookhaven     January 25, 2011;     The Honorable Mark Lesko,  July 18, 2011..................       365334
                                     (11-02-0892X).         February 1, 2011;     Supervisor, Town of
                                                            Newsday.              Brookhaven, 1
                                                                                Independence Hill,
                                                                                Farmingville, NY 11738.
North Carolina: Mecklenburg.......  City of Charlotte (11- July 6, 2011; July    The Honorable Anthony R.   November 10, 2011..............       370159
                                     04-1802P).             13, 2011; The         Foxx, Mayor, City of
                                                            Charlotte Observer.   Charlotte, 600 East 4th
                                                                                Street, Charlotte, NC
                                                                                28202.
Ohio:
    Lake..........................  Unincorporated areas   August 11, 2011;      Mr. Raymond E. Sines,      December 16, 2011..............       390771
                                     of Lake County (11-    August 18, 2011;      President, Lake County
                                     05-2150P).             The News-Herald.      Board, 105 Main Street,
                                                                                Painesville, OH 44077.
    Warren........................  City of Mason (11-05-  August 11, 2011;      The Honorable Don Prince,  December 16, 2011..............       390559
                                     2541P).                August 18, 2011;      Mayor, City of Mason,
                                                            The Pulse Journal.    6000 Mason Montgomery
                                                                                Road, Mason, OH 45040.
    Warren........................  Unincorporated areas   August 11, 2011;      Mr. David G. Young,        December 16, 2011..............       390757
                                     of Warren County (11-  August 18, 2011;      Warren County
                                     05-2541P).             The Pulse Journal.    Commissioner, 406
                                                                                Justice Drive, Lebanon,
                                                                                OH 45036.
Oklahoma: Tulsa...................  City of Broken Arrow   July 28, 2011;        The Honorable Mike         July 21, 2011..................       400236
                                     (10-06-0428P).         August 4, 2011; The   Lester, Mayor, City of
                                                            Tulsa Daily           Broken Arrow, 220 South
                                                            Commerce & Legal      1st Street, Broken
                                                            News.                 Arrow, OK 74012.
Rhode Island: Washington..........  Town of North          August 11, 2011;      Mr. Michael Embury, Town   July 26, 2011..................       445404
                                     Kingstown (11-01-      August 18, 2011;      of North Kingstown
                                     1012P).                The Standard Times.   Manager, 80 Boston Neck
                                                                                Road, North Kingstown,
                                                                                RI 02852.
South Dakota: Fall River..........  City of Hot Springs    July 5, 2011; July    The Honorable Don          November 9, 2011...............       460027
                                     (11-08-0656P).         12, 2011; The Hot     DeVries, Mayor, City of
                                                            Springs Star.         Hot Springs, 303 North
                                                                                River Street, Hot
                                                                                Springs, SD 57747.
Tennessee: Maury..................  City of Spring Hill    July 28, 2011;        The Honorable Michael      August 22, 2011................       470278
                                     (11-04-2516P).         August 4, 2011; The   Dinwiddie, Mayor, City
                                                            Daily Herald.         of Spring Hill, P.O. Box
                                                                                789, 199 Town Center,
                                                                                Parkway Spring Hill, TN
                                                                                37174.
Texas:
    Ellis.........................  City of Midlothian     May 4, 2011; May 11,  The Honorable Boyce        May 31, 2011...................       480801
                                     (10-06-2706P).         2011; The             Whatley, Mayor, City of
                                                            Midlothian Mirror.    Midlothian, 104 West
                                                                                Avenue East, Midlothian,
                                                                                TX 76065.
    Ellis.........................  Unincorporated areas   May 4, 2011; May 11,  The Honorable Carol Bush,  May 31, 2011...................       480798
                                     of Ellis County (10-   2011; The             Ellis County Judge, 101
                                     06-2706P).             Waxahachie Daily      West Main Street,
                                                            Light.                Waxahachie, TX 75165.
    Rockwall......................  City of Rockwall (11-  July 15, 2011; July   The Honorable David        November 21, 2011..............       480547
                                     06-2878P).             22, 2011; The         Sweet, Mayor, City of
                                                            Rockwall County       Rockwall, 385 South
                                                            News.                 Goliad Street, Rockwall,
                                                                                TX 75087.
    Tarrant.......................  City of Arlington (11- July 21, 2011; July   The Honorable Dr. Robert   November 25, 2011..............       485454
                                     06-1155P).             28, 2011; The Fort    Cluck, Mayor, City of
                                                            Worth Star-Telegram.  Arlington, 101 West
                                                                                Abram Street, Arlington,
                                                                                TX 76004.
    Tarrant.......................  City of Fort Worth     May 6, 2011; May 13,  The Honorable Michael      September 12, 2011.............       480596
                                     (10-06-2761P).         2011; The Fort        Moncrief, Mayor, City of
                                                            Worth Star-Telegram.  Fort Worth, 1000
                                                                                Throckmorton Street,
                                                                                Fort Worth, TX 76102.
    Tarrant.......................  City of Saginaw (10-   May 6, 2011; May 13,  The Honorable Gary         September 12, 2011.............       480610
                                     06-2761P).             2011; The Fort        Brinkley, Mayor, City of
                                                            Worth Star-Telegram.  Saginaw, 333 West
                                                                                McLeroy Boulevard,
                                                                                Saginaw, TX 76179.
    Travis........................  City of Austin (11-06- June 28, 2011; July   The Honorable Lee          November 2, 2011...............       480624
                                     3301P).                5, 2011; The Austin   Leffingwell, Mayor, City
                                                            American-Statesman.   of Austin, 301 West 2nd
                                                                                Street, 2nd Floor
                                                                                Austin, Texas 78701.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: September 13, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2011-25157 Filed 9-29-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Notices]
[Page 8702]
[FR Doc No: 2019-04314]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-1179-000]

AES ES Gilbert, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Innovative
AES ES Gilbert, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 25, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: March 5, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-04314 Filed 3-8-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15735-15736]
[FR Doc No: 2013-05675]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2013-0007; OMB No. 1660-0076]

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on an extension, without change, of a currently approved
information collection. In accordance with the Paperwork Reduction Act
of 1995, this notice seeks comments concerning the Hazard Mitigation
Grant Program application and reporting requirements.

DATES: Comments must be submitted on or before May 13, 2013.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2013-0007. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW., Room 835, Washington, DC
20472-3100.
    (3) Facsimile. Submit comments to<PHONE_NUMBER>.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Cecelia Rosenberg, Chief, Grants
Policy Branch, Mitigation Division,<PHONE_NUMBER>. You may contact the
Records Management Division for copies of the proposed collection of
information at facsimile number<PHONE_NUMBER> or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170c,
established the Hazard Mitigation Grant Program. Grant requirements and
grants management procedures of the program are outlined in 44 C.F.R.
Part 13 and 206 Subpart N. Grantees administer the HMGP, which is a
post-disaster program that contributes funds toward the cost of hazard
mitigation activities in order to reduce the risk of future damage,
hardship, loss or suffering in any area affected by a major disaster.
Grantees are defined as any State of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands, or an Indian tribal
government that chooses to act as a grantee.

Collection of Information

    Title: Hazard Mitigation Grant Program Application and Reporting.
    Type of Information Collection: Extension, without change, of a
currently approved information collection.
    FEMA Form(s): None.
    Abstract: Grantees administer the Hazard Mitigation Grant Program,
which is a post-disaster program that contributes funds toward the cost
of hazard mitigation activities in order to reduce the risk of future
damage, hardship, loss or suffering in any area affected by a major
disaster. FEMA uses applications to collect information for determining
whether to provide financial assistance in the form of grant awards and
monitors grantee project activities and expenditure of funds through
grantee quarterly reporting.
    Affected Public: State, local, or Tribal Government.
    Number of Respondents: 56.
    Number of Responses: 3,024.
    Estimated Total Annual Burden Hours: 24,696.
    Estimated Cost: There is no annual operation or maintenance cost
associated with this collection.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of

the methodology and assumptions used; (c) enhance the quality, utility,
and clarity of the information to be collected; and (d) minimize the
burden of the collection of information on those who are to respond,
including through the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses.

    Dated: March 1, 2013.
Charlene D. Myrthil,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2013-05675 Filed 3-11-13; 8:45 am]
BILLING CODE 9111-47-P