[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Rules and Regulations]
[Pages 30209-30213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12091]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0552; FRL-9780-9]


Approval and Promulgation of Implementation Plans; Arizona; Motor 
Vehicle Inspection and Maintenance Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve three revisions to the 
Arizona State Implementation Plan submitted by the Arizona Department 
of Environmental Quality. Two of these revisions relate to an amendment 
to Arizona's vehicle emissions inspection program that exempts 
motorcycles in the Phoenix metropolitan area from

[[Page 30210]]

emissions testing requirements. The third revision expands the 
geographic area in which various air quality control measures, 
including the vehicle emissions inspection program but also including 
other control measures, apply in the Phoenix metropolitan area. EPA is 
approving these SIP revisions based on our conclusion that the SIP 
revisions meet all applicable requirements and would not interfere with 
reasonable further progress or attainment of any of the national 
ambient air quality standards. EPA is finalizing this action under the 
Clean Air Act obligation to take action on State submittals of 
revisions to state implementation plans.

DATES: Effective Date: This rule is effective on June 21, 2013.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0552 for 
this action. Generally, documents in the docket for this action are 
available electronically at 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 at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps, multi-volume reports), and 
some may not be publicly available in either location (e.g., 
Confidential Business Information). 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: Jeffrey Buss, Office of Air Planning, 
U.S. Environmental Protection Agency, Region 9, (415) 947-4152, email: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Response to Comments
III. EPA's Final Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On November 5, 2012 (77 FR 66422), EPA proposed to approve 
revisions to the Arizona state implementation plan (SIP) submitted by 
the Arizona Department of Environmental Quality (ADEQ) that would 
exempt motorcycles in the Phoenix metropolitan area from testing under 
the Arizona motor vehicle emissions inspections and maintenance 
(``VEI'') program and that would expand the geographic area in which 
certain air pollution control programs apply within the Phoenix 
metropolitan area. We proposed these actions under section 110(k) of 
the Clean Air Act (CAA or ``Act''). (The State of Arizona developed the 
VEI program to reduce emissions of carbon monoxide (CO), volatile 
organic compounds (VOC) and oxides of nitrogen (NOX) from 
in-use motor vehicles in the Phoenix and Tucson areas.\1\)
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    \1\ VOC and NOX are precursors to ozone formation in 
the atmosphere under the influence of sunlight and meteorology.
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    Specifically, we proposed to approve the submittal on November 6, 
2009 of ``Final Arizona State Implementation Plan Revision, Exemption 
of Motorcycles from Vehicle Emissions Inspections and Maintenance 
Program Requirements in Area A'' (October 2009) (``2009 VEI SIP 
Revision'') and the submittal on January 11, 2011 of ``Final Addendum 
to the Arizona State Implementation Plan Revision, Exemption of 
Motorcycles from Vehicle Emissions Inspections and Maintenance Program 
Requirements in Area A, October 2009'' (December 2010) (``2011 VEI SIP 
Addendum'').
    As described in our November 5, 2012 proposed rule, the 2009 VEI 
SIP Revision submittal includes a non-regulatory portion that provides 
analyses of emission impacts due to the motorcycle exemption, a 
demonstration that the exemption would not interfere with attainment or 
maintenance of the national ambient air quality standards (NAAQS or 
``standards''), and a contingency measure establishing a binding 
commitment on ADEQ to request Legislative action to reinstate emissions 
testing for motorcycles in the Phoenix area should the Phoenix area 
experience a violation of the carbon monoxide NAAQS. The 2009 VEI SIP 
Revision also includes a regulatory portion comprised by House Bill 
(HB) 2280, enacted by Arizona in 2008 to take effect upon EPA approval. 
HB 2280 amends the Arizona Revised Statutes (ARS) section 49-542 
(``Emissions inspection program; powers and duties of director; 
administration; periodic inspection; minimum standards and rules; 
exceptions; definition'') by exempting motorcycles in Area A (i.e., the 
Phoenix area) from emissions testing under the VEI 
program.2 3 The 2011 VEI SIP Revision includes additional 
information regarding the impacts of the motorcycle exemption on 
attainment of the 2008 8-hour ozone NAAQS and the 1987 PM10 
NAAQS and includes a substitute measure to offset the VOC emission 
reductions foregone by the exemption of motorcycles from the VEI 
emissions testing requirement.
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    \2\ The changes to ARS Section 49-542 are self-implementing, 
which means that they become effective upon EPA approval as a 
revision to the Arizona SIP. See page 4 of the 2009 VEI SIP 
Revision.
    \3\ On January 28, 2013, at EPA's request, ADEQ supplemented 
appendix A of the 2009 VEI SIP Revision with a certified copy of the 
codified version of ARS section 49-542, along with two House Bills 
that extended the conditional enactment date set for July 2010 in 
House Bill 2280 to July 2012, and then to July 2014. We are taking 
final action to approve this certified copy of ARS 49-542 in today's 
action.
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    With respect to the SIP revision that would expand the geographic 
area in which certain air pollution control programs apply within the 
Phoenix metropolitan area, we noted in our November 5, 2012 proposed 
rule that the relevant amended statutory definition of ``Area A'' was 
included in ADEQ's May 25, 2012 submittal of the MAG 2012 Five Percent 
Plan for PM-10 for the Maricopa County Nonattainment Area (May 2012) 
(``2012 Phoenix Area PM-10 Five Percent Plan''). Specifically, ADEQ 
included ARS 49-541(1) (``Definitions'') as amended by the Arizona 
Legislature in 2001 as part of the submittal of the 2012 Phoenix Area 
PM-10 Five Percent Plan. ARS 49-541(1) establishes the boundaries of 
Area A.\4\
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    \4\ ADEQ included ARS 49-541(1) in exhibit 1 in Appendix C to 
the 2012 Phoenix Area PM-10 Five Percent Plan. With respect to 
ADEQ's May 25, 2012 SIP revision submittal of the 2012 Phoenix Area 
PM-10 Five Percent Plan, EPA is taking action today only on the 
amended statutory provision that expands the boundaries of Area A 
[i.e., amended ARS 49-541(1)]. EPA will take action on the rest of 
the 2012 Phoenix Area PM-10 Five Percent Plan in one or more future 
rulemakings.
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    As explained in our proposed rule, Area A, as last approved in 2003 
(68 FR 2912 (January 22, 2003)), includes all of the metropolitan 
Phoenix carbon monoxide and 1-hour ozone nonattainment areas plus 
additional areas in Maricopa County to the north, east, and west, as 
well as a small portion of Yavapai County and the western portions of 
Pinal County. ``Area A'' is also used by the State of Arizona to 
identify the applicable area for implementation of a number of air 
pollution control measures, including but not limited to the VEI, 
cleaner burning gasoline (CBG), and ``stage II'' vapor recovery 
programs. The amended ``Area A'' definition, included with the 2012 
Phoenix Area PM-10 Five Percent Plan, extends Area A beyond the 
boundaries approved by EPA in 2003 to add portions of Maricopa County 
west of Goodyear and Peoria and a small piece of land on the north side 
of Lake Pleasant in Yavapai County.
    As discussed in more detail on pages 66424-66428 of the November 5, 
2012 proposed rule, we proposed to approve

[[Page 30211]]

the exemption for Phoenix-area motorcycles from the emissions testing 
requirements under the VEI program because:
     With respect to all three SIP revisions, ADEQ has met the 
procedural (i.e. public process) requirements for SIP revisions under 
CAA section 110(l) and 40 CFR part 51, subpart F;
     With the emissions testing exemption for motorcycles in 
the Phoenix metropolitan area, the Arizona VEI would continue to meet 
Federal minimum requirements for vehicle inspection and maintenance (I/
M) programs;
     The VEI program, as amended to exempt motorcycles from the 
emissions testing requirement, would continue to meet or exceed the 
alternate low enhanced I/M performance standard in the Phoenix area as 
required under 40 CFR 51.351 and 51.905(a)(1);
     The motorcycle exemption would not interfere with 
attainment or maintenance of any of the NAAQS and would thereby comply 
with section 110(l) of the CAA because the potential incremental 
increase in emissions of CO, VOC and PM-10 due to foregone motorcycle 
emissions testing and maintenance would be more than offset by the 
emissions impact of expanding the boundaries of ``Area A'' \5\ because 
``Area A'' defines the area of applicability for various air pollution 
control measures, such as the VEI program, the CBG program, the ``stage 
II'' vapor recovery program, and various PM-10 control measures, and 
expanding the boundaries of ``Area A'' thus extends these programs to 
areas not otherwise covered for the purposes of the Arizona SIP; and
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    \5\ For example, the proposed rule, at page 66427, compares the 
estimated 1.3 metric tons per day of VOC emissions reductions from 
expansion of Area A boundaries with the estimated 0.1 metric ton per 
day of VOC emissions increases from foregone emissions testing under 
the VEI program for Phoenix area motorcycles.
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     The 2009 VEI SIP Revision includes a commitment by ADEQ, 
i.e., to request Legislative action to reinstate emissions testing for 
motorcycles in the Phoenix area should the area experience a violation 
of the CO standards, that we find complies with the contingency measure 
requirements under section 175A(d) of the CAA with respect to the 
Phoenix area, which is a ``maintenance'' area for the CO standard.
    For background information about the EPA's regulations governing 
motor vehicle inspection and maintenance programs (I/M), the 
development and evolution of Arizona's VEI program, EPA's actions in 
connection with that program, as well as additional information 
concerning the State's public process for adopting these SIP revisions, 
and our rationale for proposing approval of the three subject SIP 
revisions, please see our November 5, 2012 proposed rule.

II. Response to Comments

    Our November 5, 2012 proposed rule provided a 30-day public comment 
period. We received comments from 15 commenters on our proposed rule 
during the public comment period. All of the commenters except for two 
expressed their support for EPA's proposed action. In the following 
paragraphs, we summarize the comments objecting to our proposed action 
and provide our responses.
    Comment #1: The commenter agrees with the proposal to exempt 
motorcycles from emissions testing, but objects to the expansion of 
Area A because it expands the use of special gasoline blends (summer 
and winter) that the commenter believes do nothing for the environment 
and contribute to fuel shortages and excessive retail fuel costs. The 
commenter also suggests that the emissions testing exemption for newer 
model year vehicles be increased from 5 to 10 years based on engine 
technology improvements.
    Response #1: First of all, EPA disagrees with the contention that 
the special gasoline blends in effect in the Phoenix metropolitan area, 
and referred to as the ``cleaner burning gasoline'' (CBG) program, do 
nothing for the environment. To the contrary, EPA has approved a number 
of Phoenix area air quality plans that rely on the continuation of the 
CBG program to attain and maintain the NAAQS. For instance, in the 
Carbon Monoxide Redesignation Request and Maintenance Plan for the 
Maricopa County Nonattainment Area (May 2003), which was approved by 
EPA at 70 FR 11553 (March 9, 2005), the Maricopa Association of 
Governments (MAG) credits CBG with providing over 20% of the CO 
emissions reductions relied upon to demonstrate maintenance of the CO 
standard through the first ten years beyond redesignation.\6\ More 
recently, in the Eight-Hour Ozone Plan for the Maricopa Nonattainment 
Area (June 2007), approved by EPA at 77 FR 35285 (June 13, 2012), MAG 
credits CBG with providing 3.5% of the NOX reductions that 
the plan relies upon to demonstrate attainment of the 1997 8-hour ozone 
standard in the Phoenix-Mesa area.\7\
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    \6\ See page ES-7 of MAG's Carbon Monoxide Redesignation Request 
and Maintenance Plan for the Maricopa County Nonattainment Area (May 
2003).
    \7\ See page ES-5 of MAG's Eight-Hour Ozone Plan for the 
Maricopa Nonattainment Area (June 2007).
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    Second, we note that the commenter does not challenge EPA's 
conclusion that the expansion of Area A meets all applicable CAA 
requirements but rather contends that the extension of CBG to a larger 
area would increase retail fuel costs and lead to fuel shortages. 
However, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the minimum criteria set in the Clean 
Air Act or any applicable EPA regulations. Thus, considerations such as 
whether a State rule may be economically or technologically challenging 
cannot form the basis for EPA disapproval of a rule submitted by a 
state as part of a SIP [see Union Electric Company v. EPA; 427 U.S. 
246, 265 (1976)]. Also, EPA disapproval of ADEQ's submittal of the 
statutory provision expanding Area A would not prevent the 
implementation of CBG in the larger area because the expanded 
definition of Area A and related CBG requirements would still apply in 
the larger area, and would still be enforceable, under State law, 
regardless of EPA's action to approve or disapprove the amended 
definition as a revision to the Arizona SIP.
    Lastly, with respect to the suggestion that the emissions testing 
exemption for newer model year vehicles should be increased from 5 to 
10 years, any changes to the exemption for motor vehicle emissions 
testing would first require a change in Arizona law. Thus, the 
commenter should direct this suggestion to State officials in the first 
instance. If such a statutory change were to be adopted, ADEQ would 
need to adopt and submit the change as a revision to the Arizona SIP, 
including documentation showing that the revision meets all relevant 
CAA and EPA requirements--including a demonstration that the change 
would not interfere with reasonable further progress or attainment of 
the NAAQS under section 110(l) of the Act. Upon receipt of a complete 
SIP revision, EPA would then consider approval or disapproval in the 
context of notice-and-comment rulemaking.
    Comment #2: The commenter objects to EPA's proposed approval of the 
exemption for motorcycles because motorcycle-related emissions 
contribute to the overall problem of poor air quality in the Phoenix 
metropolitan area and should not be ignored even though it may be small 
in comparison to the emissions generated by cars.

[[Page 30212]]

    Response #2: In support of the contention that motorcycle emissions 
do contribute to overall air quality problems in the Phoenix 
metropolitan area, the commenter presents an estimate of total 
emissions from motorcycles in the Phoenix area that, as corrected for a 
computational error and adjusted for unit conversions, are not 
inconsistent with the corresponding estimates of motorcycle emissions 
prepared by MAG in the Eight-Hour Ozone Redesignation Request and 
Maintenance Plan for the Maricopa Nonattainment Area (February 
2009).\8\ However, we did not propose to approve the VEI exemption for 
motorcycles based on the relatively low contribution of motorcycle 
emissions to overall pollutant emissions in the Phoenix metropolitan 
area. Rather, we based our proposed approval on our conclusion that the 
VEI program, as amended to include the motorcycle exemption, would 
continue to meet Federal I/M requirements and that any increase in 
emissions due to the exemption would be offset by the reduction in 
emissions due to the extension of various control measures to a larger 
geographic area by virtue of the amended statutory definition of ``Area 
A.''
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    \8\ In Eight-Hour Ozone Redesignation Request and Maintenance 
Plan for the Maricopa Nonattainment Area (February 2009) (see page 
109 of the Appendix A, Exhibit 1 (``2005 Ozone Periodic Emission 
Inventory''), MAG estimates that motorcycles in year 2005 emitted 
approximately 660 tons per year (tpy), 200 tpy, and 2,620 tpy of 
VOC, NOX, and CO, respectively, within the Phoenix-Mesa 
8-hour ozone nonattainment area. The corresponding estimates 
prepared by the commenter, as corrected for an error in computation 
(i.e., the commenter's calculated estimate of CO per bike should 
have been 33,817 grams (per year) instead of 3,137 grams (per year) 
based on 7 grams per kilogram and 4,831 kilometers driven per year 
per bike) and converted to tons per year, are approximately 360 tpy 
for VOC (and for VOC+NOX) and 2,720 tpy for CO.
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    More specifically, in connection with the emissions impact analysis 
submitted by ADEQ, we agreed with its focus on the incremental change 
due to foregone emissions testing and maintenance of motorcycles under 
the VEI program rather than on total motorcycle-related emissions. 
Next, we found ADEQ's emissions estimates for the incremental increase 
to be reasonable. Converted to tons per year, ADEQ's estimates for the 
incremental increase amounts to approximately 20 tpy for VOC and 100 
tpy for CO (see the column labeled ``I/M benefit from motorcycle 
testing and repair'' in table 2 of EPA's November 5, 2012 proposed 
rule). As to this incremental increase in VOC and CO emissions, we 
concluded that the incremental increase in emissions due to foregone 
emissions testing and maintenance would not interfere with attainment 
or maintenance of any of the NAAQS given the emissions benefits 
associated with the expansion of Area A and the related extension of 
various air quality control measures to the larger area, including the 
VEI program, the CBG program, the vapor recovery program, and various 
PM-10 control measures, given that the geographic applicability for all 
of these programs is defined by ``Area A.'' See page 66426-66428 of 
EPA's November 5, 2012 proposed rule.

III. EPA's Final Action

    Under section 110(k) of the CAA, and for the reasons set forth in 
our November 5, 2012 proposed rule and summarized herein, EPA is taking 
final action to approve the revisions to the Arizona SIP submitted by 
ADEQ on November 6, 2009 and January 11, 2011 concerning the exemption 
of motorcycles from the emissions testing requirements under the 
Arizona VEI program in the Phoenix area, because we find that the 
revisions meet all applicable requirements, and together with the 
expansion of the geographic area to which the VEI and other air 
pollution control measures apply, would not interfere with reasonable 
further progress or attainment of any of the national ambient air 
quality standards. In connection with our approval of the State's 
exemption of motorcycles from the VEI emissions testing requirements, 
we are approving an amended statute, Arizona Revised Statutes (ARS) 
section 49-542, that codifies this exemption in State law.\9\
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    \9\ Final approval of the current version of ARS 49-542 
exempting motorcycles from VEI emissions testing requirements 
supersedes the previous versions of ARS 49-542 approved by EPA and 
made a part of the applicable Arizona SIP. The most recent prior 
approval by EPA of ARS 49-542 was published at 72 FR 15046 (March 
30, 2007).
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    EPA is also approving the revised statutory provision [amended 
Arizona Revised Statutes (ARS) section 49-541(1)], submitted by ADEQ on 
May 25, 2012,\10\ that expands the boundaries of Area A, i.e., the area 
in which the various air pollution control measures (including the VEI, 
and cleaner burning gasoline and stage II vapor recovery programs) in 
the Phoenix area apply.
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    \10\ Final approval of the amendment to ARS 49-541(1) expanding 
the boundaries of ``Area A'' to those promulgated by the Arizona 
Legislature in 2001 supersedes the previous versions of ARS 49-
541(1) approved by EPA and made a part of the applicable Arizona 
SIP. The most recent prior approvals by EPA of the definition of 
``Area A'' in ARS 49-541(1) were published at 68 FR 2912 (January 
22, 2003) and 69 FR 10161 (March 4, 2004). The definition of the 
boundaries of ``Area A'' in ARS 49-541(1) was the same in both the 
2003 and 2004 final approval actions and reflect the boundaries 
promulgated by the Arizona Legislature in 1999. Approval of the 
amended statutory definition of ``Area A'' in today's final action 
expands the geographic applicability of the VEI program, the CBG 
program, the Stage II vapor recovery program and any other Arizona 
SIP control measure that relies on the definition of ``Area A'' in 
ARS 49-541(1) under the Arizona SIP.
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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 
action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (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, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).


[[Page 30213]]


In addition, this 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.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 22, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Oxides of 
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: February 4, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations are 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart D--Arizona

0
2. Section 52.120 is amended by adding paragraphs (c)(155), (c)(156), 
and (c)(157) to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (155) The following plan was submitted on November 6, 2009 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Affidavit by Efrem K. Sepulveda, Law Librarian, Arizona State 
Library, Archives and Public Records, certifying authenticity of 
reproduction of A.R.S. Sec.  49-542 (2008 edition) plus title page to 
pocket part of Title 49 (2008 edition), signed January 11, 2013.
    (2) Arizona Revised Statutes (Thomson West, 2008 Cumulative Pocket 
Part): Title 49 (the environment), section 49-542 (``Emissions 
inspection program; powers and duties of director; administration; 
periodic inspection; minimum standards and rules; exceptions; 
definition'').
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) Final Arizona State Implementation Plan Revision, Exemption of 
Motorcycles from Vehicle Emissions Inspections and Maintenance Program 
Requirements in Area A (October 2009), adopted by the Arizona 
Department of Environmental Quality on November 6, 2009, excluding 
appendices A and C.
    (156) The following plan was submitted on January 11, 2011 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) Final Addendum to the Arizona State Implementation Plan 
Revision, Exemption of Motorcycles from Vehicle Emissions Inspections 
and Maintenance Program Requirements in Area A, October 2009 (December 
2010), adopted by the Arizona Department of Environmental Quality on 
January 11, 2011.
    (157) The following plan was submitted on May 25, 2012 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Affidavit by Barbara Howe, Law Reference Librarian, Arizona 
State Library, Archives and Public Records, certifying authenticity of 
reproduction of Arizona Revised Statutes Sec.  49-451 (sic) (corrected 
to Sec.  49-541) (2001 pocket part), signed May 3, 2012.
    (2) Arizona Revised Statutes (West Group, 2001 Cumulative Pocket 
Part): title 49 (the environment), section 49-541 (``Definitions''), 
subsection 1 [Definition of Area A].

[FR Doc. 2013-12091 Filed 5-21-13; 8:45 am]
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