Determination to Defer Sanctions: Arizona; Maricopa County Air Quality Department; Gasoline Loading

What it does

• •EPA defers offset and highway sanctions for the Phoenix-Mesa ozone nonattainment area that were triggered by a January 2025 disapproval of Maricopa County Air Quality Department (MCAQD) rules on gasoline loading emissions.
• •EPA proposes approval of MCAQD Rule 352 (Gasoline Cargo Tank Testing and Use) and conditional approval of MCAQD Rule 353 (Storage and Loading of Gasoline at Gasoline Dispensing Facilities), finding that previously identified deficiencies have been corrected.
• •The deferred sanctions will become permanent relief if EPA finalizes its approval of the rule revisions.

Why it matters

• •MCAQD must meet Clean Air Act requirements to implement reasonably available control technology (RACT) for volatile organic compound emissions from gasoline loading operations in the Phoenix-Mesa Moderate ozone nonattainment area.
• •The deferral prevents economic penalties (offset and highway sanctions) from remaining in effect while EPA completes its evaluation of whether the State has corrected the rule deficiencies identified in the 2025 disapproval.
• •EPA invoked a good cause exception to bypass standard public comment periods before the deferral took effect, reasoning it would be unfair to maintain sanctions after a thorough evaluation determined the rules are approvable.

Who is affected

• •Arizona Department of Environmental Quality and Maricopa County Air Quality Department, which submitted the rules on behalf of gasoline loading facilities.
• •Owners and operators of gasoline cargo tanks and gasoline dispensing facilities subject to MCAQD Rules 352 and 353.
• •The Phoenix-Mesa ozone nonattainment area and its residents.

What happens next

EPA will accept public comments until September 10, 2026, and if it finalizes approval of MCAQD's rule submissions, the sanction deferral will become permanent.