HB 2955

House Engrossed
gasoline
  formulations; air quality
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2955
AN
ACT
amending Section
3-3493, Arizona Revised Statutes, as amended by Laws 2016, chapter 232, section
27; amending Section 3-3493, Arizona Revised Statutes, as amended by Laws 2017,
chapter 295, section 2; amending section 3-3494, Arizona Revised
Statutes; relating to motor fuel.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 3-3493, Arizona Revised
Statutes, as amended by Laws 2016, chapter 232, section 27, is amended to read:
START_STATUTE3-3493. Area A; fuel reformulation; rules
A. All gasoline produced and shipped
to or within this state and sold or offered for sale for use in motor vehicles
in a county with a population of one million two hundred thousand or more
persons and any portion of a county contained in area A, subject to an
appropriate waiver granted by the administrator of the United States
environmental protection agency pursuant to section 211(c)(4) of the clean air
act as defined in section 49-401.01, shall comply with either of the
following fuel reformulation options:
1. A gasoline that meets standards for
federal phase II reformulated gasoline, as provided in 40 Code of Federal
Regulations section 80.41, paragraphs (e) through (h), in effect on January 1,
1999, except that the minimum oxygen content standard does not apply.� The
gasoline shall also meet the maximum vapor pressure requirements in section 3-3433,
subsections D and F.
2. California phase 2 reformulated
gasoline, including alternative formulations allowed by the predictive model,
as adopted by the California air resources board pursuant to California Code of
Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on
January 1, 1997, except that the minimum oxygen content standard does not
apply.� The gasoline shall also meet the maximum vapor pressure requirements in
section 3-3433, subsections D and F.
A. For the period beginning from and
after March 31 through October 31 of each year, all gasoline produced and
shipped to or within this state and sold or offered for sale for use in motor
vehicles in a county with a population of one million two hundred thousand or
more persons and any portion of a county contained in area A, subject to an
appropriate waiver granted by the administrator of the United States
environmental protection agency pursuant to section 211(c)(4)
of the clean air act as defined in section 49-401.01, shall comply with
standards for ASTM D4814 and shall meet the maximum vapor pressure requirements
in section 3-3433, subsections D and F.
B. For the period beginning November 1 through March
31 of each year, all gasoline produced and shipped to or within this state and
sold or offered for sale for use in motor vehicles in a county with a
population of one million two hundred thousand or more persons and any portion
of a county contained in area A, subject to an appropriate waiver granted by
the administrator of the United States environmental protection agency pursuant
to section 211(c)(4) of the clean air act as defined in section 49-401.01,
shall comply with standards for California phase 2 reformulated gasoline,
including alternative formulations allowed by the predictive model, as adopted
by the California air resources board pursuant to California Code of
Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on
January 1, 1997 and shall meet the maximum vapor pressure requirements in
section 3-3433, subsections D and F. The fuel described in
this subsection shall meet the requirements of section 3-3492, subsection
A, paragraph 1.
C. Any registered supplier or oxygenate blender, as
defined in division rules, may petition the associate director to request that
all registered suppliers or oxygenate blenders be allowed to comply with
standards other than the standards prescribed by this section or
section 3-3492, subsection A if the petitioner can demonstrate
that the petitioner's ability to supply ethanol supply shortages are or gasoline meeting the
specifications of subsection A or B of this section is in imminent danger and may result in supply shortages of ethanol and gasoline in
area A.
D. The petition shall:
1. Identify specific supply conditions
that will result in a shortage of ethanol.
1. for oxygenate shortages:
2. (a) Identify which oxygenate or oxygenates and the
concentration that will be blended into gasoline by the
petitioner for sale or use in area A.
3. (b) Demonstrate that the alternative oxygenate blend
comes closest to meeting a three and one-half percent by weight oxygen
content at reasonable cost, unless the registered supplier
or oxygenate blender is petitioning to use a gasoline-ethanol blend containing
less than ten percent by volume of ethanol.
2. For gasoline shortages, identify
the formulation of gasoline that the petitioner will sell in lieu of gasoline
meeting the standards in subsection A or B of this section.
4. 3. Specify
a projected time period for compliance with any provision
of this section and section 3-3492, subsection A,
not to exceed sixty days.
E. The associate director shall either grant or deny
the petition in writing within seven days of its receipt. Any
decision by the associate director to grant the petition shall be equally
applicable to all registered suppliers or oxygenate blenders and shall not be
selectively applied to any single registered supplier or oxygenate
blender. The petition may be granted only if the associate director
verifies that the basis for requesting the petition is factual.
F. The associate director may reauthorize a petition
if the petitioner can demonstrate that the conditions have
continued. The reauthorization of a petition shall not exceed thirty
days.
G. The associate director of the division shall
consult with the director of the department of environmental quality before
granting, reauthorizing or denying any such petition.
H. The associate director, of environmental quality in consultation
with the associate director of the division
department of environmental quality, shall adopt by rule:
1. Requirements to implement subsections A, B, C and
D of this section.
2. Requirements for recordkeeping, reporting and
analytical methods for fuel providers to demonstrate compliance with
subsections A, B, C and D of this section.
I. This section does not apply to fuel sold for use
at a motor vehicle manufacturer proving ground or at a motor vehicle racing
event. END_STATUTE
Sec. 2. Section 3-3493, Arizona Revised
Statutes, as amended by Laws 2017, chapter 295, section 2, is amended to read:
START_STATUTE3-3493. Area A; fuel reformulation; rules
A. All gasoline produced and shipped
to or within this state and sold or offered for sale for use in motor vehicles
in a county with a population of one million two hundred thousand or more
persons and any portion of a county contained in area A, subject to an
appropriate waiver granted by the administrator of the United States
environmental protection agency pursuant to section 211(c)(4) of the clean air
act as defined in section 49-401.01, shall comply with either of the
following fuel reformulation options:
1. A gasoline that meets standards for
federal phase II reformulated gasoline, as provided in 40 Code of Federal
Regulations section 80.41, paragraphs (e) through (h), in effect on January 1,
1999, except that the minimum oxygen content standard does not
apply. The gasoline shall also meet the maximum vapor pressure
requirements in section 3-3433, subsections D and F.
2. California phase 2 reformulated
gasoline, including alternative formulations allowed by the predictive model,
as adopted by the California air resources board pursuant to California Code of
Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on
January 1, 1997, except that the minimum oxygen content standard does not
apply. The gasoline shall also meet the maximum vapor pressure
requirements in section 3-3433, subsections D and F.
A. For the period beginning from and
after March 31 through October 31 of each year, all gasoline produced and
shipped to or within this state and sold or offered for sale for use in motor
vehicles in a county with a population of one million two hundred thousand or
more persons and any portion of a county contained in area A, subject to an
appropriate waiver granted by the administrator of the United States
environmental protection agency pursuant to section 211(c)(4)
of the clean air act as defined in section 49-401.01, shall comply with
standards for ASTM D4814 and shall meet the maximum vapor pressure requirements
in section 3-3433, subsections D and F.
B. For the period beginning November 1 through March
31 of each year, all gasoline produced and shipped to or within this state and
sold or offered for sale for use in motor vehicles in a county with a
population of one million two hundred thousand or more persons and any portion
of a county contained in area A, subject to an appropriate waiver granted by
the administrator of the United States environmental protection agency pursuant
to section 211(c)(4) of the clean air act as defined in section 49-401.01,
shall comply with standards for California phase 2 reformulated gasoline,
including alternative formulations allowed by the predictive model, as adopted
by the California air resources board pursuant to California Code of
Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on
January 1, 1997 and shall meet the maximum vapor pressure requirements in
section 3-3433, subsections D and F. The fuel described in
this subsection shall meet the requirements of section 3-3492, subsection
A, paragraph 1 or 2.
C. Any registered supplier or oxygenate blender, as
defined in division rules, may petition the associate director to request that
all registered suppliers or oxygenate blenders be allowed to comply with
standards other than the standards prescribed by this section or
section 3-3492, subsection A if the petitioner can
demonstrate that the petitioner's ability to supply ethanol
supply shortages are or gasoline meeting
the specifications of subsection A or B of this section is in imminent danger and may result in supply shortages of ethanol and gasoline in
area A.
D. The petition shall:
1. Identify specific supply conditions
that will result in a shortage of ethanol.
1. for oxygenate shortages:
2. (a) Identify which oxygenate or oxygenates and the
concentration that will be blended into gasoline by the
petitioner for sale or use in area A.
3. (b) Demonstrate that the alternative oxygenate blend
comes closest to meeting a three and one-half percent by weight oxygen
content at reasonable cost, unless the registered supplier
or oxygenate blender is petitioning to use a gasoline-ethanol blend containing
less than ten percent by volume of ethanol.
2. For gasoline shortages, identify
the formulation of gasoline that the petitioner will sell in lieu of gasoline
meeting the standards in subsection A or B of this section.
4. 3. Specify
a projected time period for compliance with any provision
of this section or section 3-3492, subsection A,
not to exceed sixty days.
E. The associate director shall either grant or deny
the petition in writing within seven days of its receipt. Any
decision by the associate director to grant the petition shall be equally
applicable to all registered suppliers or oxygenate blenders and shall not be
selectively applied to any single registered supplier or oxygenate
blender. The petition may be granted only if the associate director
verifies that the basis for requesting the petition is factual.
F. The associate director may reauthorize a petition
if the petitioner can demonstrate that the conditions have
continued. The reauthorization of a petition shall not exceed thirty
days.
G. The associate director of the division shall
consult with the director of the department of environmental quality before
granting, reauthorizing or denying any such petition.
H. The associate director, of environmental quality in consultation
with the associate director of the division
department of environmental quality, shall adopt by rule:
1. Requirements to implement subsections A, B, C and
D of this section.
2. Requirements for recordkeeping, reporting and
analytical methods for fuel providers to demonstrate compliance with
subsections A, B, C and D of this section.
I. This section does not apply to fuel sold for use
at a motor vehicle manufacturer proving ground or at a motor vehicle racing
event.END_STATUTE
Sec. 3. Section 3-3494, Arizona Revised
Statutes, is amended to read:
START_STATUTE3-3494. Area C; fuel reformulation; rules
A. From and after May 31 through
September 30 of each year, all gasoline produced and shipped to or within this
state and sold or offered for sale for use in motor vehicles in area C shall
comply with either of the following fuel reformulation options:
1. A gasoline that meets standards for
federal phase II reformulated gasoline, as provided in 40 Code of Federal
Regulations section 80.41, paragraphs (e) through (h), in effect on January 1,
1999, except that the minimum oxygen content standard does not
apply. The gasoline shall also meet the maximum vapor pressure
requirements in section 3-3434, subsection D.
2. California phase 2 reformulated
gasoline, including alternative formulations allowed by the predictive model,
as adopted by the California air resources board pursuant to California Code of
Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on
January 1, 1997, except that the minimum oxygen content standard does not
apply. The gasoline shall also meet the maximum vapor pressure
requirements in section 3-3434, subsection D.
a. For the period beginning from and
after March 31 through October 31 of each year, all gasoline produced and
shipped to or within this state and sold or offered for sale for use in motor
vehicles in area C, subject to an appropriate waiver granted by the
administrator of the United States environmental protection agency pursuant to
section 211(c)(4) of the clean air act as defined in
section 49-401.01, shall comply with standards for ASTM D4814 and shall meet
the maximum vapor pressure requirements in section 3-3433, subsection D.
B. Any registered supplier or oxygenate blender, as
defined in division rules, may petition the associate director to request that
all registered suppliers or oxygenate blenders be allowed to supply gasoline in
area C that does not meet the standards in subsection A of this section if the
petitioner demonstrates that a shortage in the petitioner's ability to supply of gasoline
meeting the standards in subsection A of this section is in imminent
danger and may result in supply shortages of gasoline in
area C.
C. A petition under subsection B of this section
shall:
1. Identify specific supply conditions
that will result in a shortage of gasoline meeting the standards in subsection
A of this section.
2. 1. Identify
the formulation of gasoline that the petitioner will be sold sell in area C in lieu of gasoline
meeting the standards in subsection A of this section.
3. 2. Specify
a projected time period for compliance with the standards
of subsection A of this section not to exceed sixty days.
D. The associate director shall either grant or deny
a petition under subsection B of this section in writing within seven days of
its receipt. Any decision by the associate director to grant the
petition shall be equally applicable to all registered suppliers or oxygenate
blenders and shall not be selectively applied to any single registered supplier
or oxygenate blender.� The petition may be granted only if the associate
director verifies that the basis for requesting the petition is factual.
E. The associate director may reauthorize a petition
granted under subsection B of this section if the petitioner demonstrates that
the conditions identified in the petition have continued.� The reauthorization
of a petition shall not exceed thirty days.
F. The associate director of the division shall
consult with the director of the department of environmental quality before
granting, reauthorizing or denying any petition under subsection B of this
section.
G. The associate director, in consultation with the
director of the department of environmental quality, shall adopt by rule:
1. Requirements to implement subsections A, B and C
of this section.
2. Requirements for recordkeeping, reporting and
analytical methods for fuel providers to demonstrate compliance with subsection
A of this section.
H. This section does not apply to fuel sold for use
at a motor vehicle manufacturer proving ground or at a motor vehicle racing
event. END_STATUTE
Sec. 4. Conditional enactment;
notice
A. Section
3-3493, Arizona Revised Statutes, as amended by Laws 2016, chapter 232,
section 27 and this act, and section 3-3494, Arizona Revised Statutes, as
amended by this act, do not become effective unless on or before July 1, 2030
the United States environmental protection agency approves the proposed
modifications to the gasoline fuel formulation requirements as part of the
state implementation plan for air quality.
B. Section 3-3493,
Arizona Revised Statutes, as amended by Laws 2017, chapter 295, section 2 and
this act, does not become effective unless the condition prescribed by Laws
2017, chapter 295, section 3, as amended by Laws 2022, chapter 177, section 12
and Laws 2024, chapter 70, section 1, is met and on or before July 1, 2030 the
United States environmental protection agency approves the proposed
modifications to the gasoline fuel formulation requirements as part of the
state implementation plan for air quality.
C. The director of the
department of environmental quality shall notify in writing the director of the
Arizona legislative council on or before October 1, 2030 either:
1. Of the date on which the
condition prescribed by subsection A or B of this section was met.
2. That neither condition
was met.