ANNOTATED

Prepared Under Legislative Authority

Laws 1956, Chapter 129

Volume 12C

Title 41

State Government

§* 41—1831 to 41—End

ARIZONA REVISED STATUTES ANNOTATED is a trademark used herein under license.

THarVIScN

WEST

Mat #40202403
subd

v

e

o

e ta,ds, livery &g iseuance of v and limousines.

ARTICLE 2. STA MINISTRATION

OF WEIGHTS URES 41469 S

41-2063.. Phfsicsl standards. AR 5. REGULATIaN 41-2066.. Pow manddutles - V •.

41—2069. DispositIon of seized pro i—ii Civil penalties.

ARTICLE 3. METHOD OF SALE OP ARTICLE 6. MOTOR FU)L : COMMODITIES AND SERVICES V

V V

V V

V V V 4 1. DefinItions..

V 41-2061. Sale of commodIties. 41-2 Standards fur oxygenatea fuel: vola.. 41-2083. Standard. for motor fuel; us. tfty exceptions.. V 41-2083.01 Aea C; standard. for fuel; 41-21.0t

, :..ezeepUona. V V V 41-313L A; fuzeftnnuladon rules. 41-2096. AvesIve or bi agent 1n engine 41-2124. Area fuel efor2nuladoSI; rules., coolant antifreeze liability 41-2124. Area A;

V • . excepdoni violatiofli 414124. Area A; .4$fnfl riaIP4. 41-2124.0k. Area C; fu VV V•V 44os; rules.

:. 41412t0 VC fu .V V

. ARTI 4 UCEN8ING TESTING . V. , V V V ‘

V V AND CERTIFICATQN V V ARTICI 4E7. GASOLINE VAPOR V V V 1.

4. 1. Llcenzfngdevlcce us4d for commef 41-218Z Stage! and •ivaor

ctai purpbse., .w1’lwIz.L,u tuIL

VVI . VV.VV

V

jV

V

V V

V ARTICLE J.V GENERAL PROVISIONS. V.

* 41—2051. DefinItions

V ‘ V

V

V V V •‘ V

In this chapter, unless the context otherwise requires

-‘ ---i-- a-esel fuel-eubei4ute thei Is edrased frs aesøesf •5fl lerèurcesasdeflñed by the uuiteitat jfrQ taIV VVV•

V

on

igency that meets the registration requirements for fuels and V ftf st.abllshed b United States environmental protection agency uant t6 * 211 f the clean air defined In § 49-401.01. . V V

.2. . “Blodlesel blend” a motor fuel that IsV corn V Of blodiesel and diesel lel and that is designated letter “B”, folio by the numeric value V0fV the olume percentage of blodiesel In blend. V V V V

3. “Biofuel” means a solid, liquid or us fuel that is derived from biomass nd that can be used directly for h g or r or as a motor fuel.

4. “Biofuel blend” means otor fuel that is prised of a biofuel, that is ombined with a petro based fuel and that is I ted by the volume ercentage of biofue the blend.

5. “Biom ‘ means biological material, such as plant or anim tter, exclud ig or material that has been transformed by geological p es into ubs ces such as coal or petroleum or derivatives thereof, that may be -

-biofud. V

25

V

-

•V•VV•V V_V. VVVVV VVVVV_ VVVV•V V
or count, except that it include those de ed for rn-house packaging, inventory control or law enforcenien

8. “Commodity” means erchandise, t or substance produced or distributed for use by others.

9. “ as used in connection with weights and measures m nform..

ee to all alieable requirements fthis chapter. -‘

10. “Department” means the department of weights and measures.

11. “Diesel fuel” means a refined middle diBtillate that is ued as a fuel in a

compression-ignition internal combustion engine and that meets the specifications ot ASPI P975.

12. “Director” means the director of the department of weights and measures.

18. “E85”means a fuel ethanol gasoline blend that meets the specifications 01 ASTM 05798.

14 Inape.sMcialseftke4epaflmentefweightaendm

“Limousine” means a motor vehicle providing prearranged ‘ground per tation ce for an Individual passenger, or a group of passengers; that In ‘v or Is operated on a regular route or between specifi points and lnclude d traxsportation under a contract or agreement f services that lncludèsa rateortimeandisprovidedinamotorve ewthaseatiug capacity not g fifteen passengers, including the driver.

16. “Liquid fuel eaawng device” meais any rn pump, tank gauge or apparatus used for vo etrically determining th ‘ of any Internal combus.

i tiou engine fuel, liquefied troleum gas or low visco heating oil

17. “LIvery vehicle” me motor vehicle

(a) Has a seating capacity not ceeliñg n passengers, Including the driver.

(b) Provides passenger services fo f determined by a flat rate or flat hourly ratebetweengeographiczonesorwt geographicarea

(c) Is available for hire on an o hared ride basis.

(d) May do any of the foil . ‘

(1) Operate on a regular te or between ape places.

(II) Offer prearrang ground transportation servi •eflned i § 28-141

•(W) Offer on ci nd ground transportation service p ant to a contraq with a public airport, Ii sed business entity or organization.

IS “M 1” means the act of dispensing into the fuel tank a motor vehicle a

motor t was not intended to be used in the engine of t motor vehicle.

19. otor fuel” means a petroleum or a petroleum based ‘sub ce that Is

m r gasoline, aviation gasoline, number one or number two diesel I or any

e of oxygenated gasoline typically used in the operation of a motor gine, Including blodiesel blends, biofuel blends and the ethanol blend E85 as de in:

ASTMDS7O8.

—

26

:__

—
roduced in any

m er tending to mislead or deceive a person.

C. The attorney éral shall bring actions to recover civil nalties pursuant to

sectioninthesuperi courtinthëcountyinwhichthe tlonoccurredorlnaaunty where the agency its offlce All monies deny from civil penalties shall

e deposited, pursuant to

§ 148 and 35-147, in th te general fimd

lded by Laws 199Z Ch. 176, * 11. ended by La 995, Ch. 39, § 1; Laws 1997, Gb.ei, * 197;- Laws 2000, Ch. 193, I 468, awe 2008, 79, * 2; Laws 2006, Gb. 24* *ws 2008, Cli. 291, § 5,

tSectlon 41—1092 et seq.

Historical dStat ryNotes -

The 2006 amendment by Ch 3)8 tut. “See. . Exemption from rule making 1 “applies” for “apply In the:In “The de ent of weights and messur 0 SU. Is exempt fro the rule ‘making requlr&

The 2008 amendment Cli. 291, hi the ments of title 6, Arizona Revised

inrth sentence of- ‘A,. substituted Statutes, for of raising civil, pen-

‘one thousand 4 or “five hundred dol- 2ltieS pursuant to § 2115, Arizona Re.

irs” and “ten d dollars” for “five’ vised Statutes, as amend y this act, for a

ijiousanddo perlodofoneyearfromthe ectlvëdateof

Laws 309, * 15, prqvldes: this act.” -

-

- Administrative Code References nxative Enforcement Action, see - -‘

— .•

. ARTICLE 6. MOTOR FUEL -. -

-, In this article, unless the côntext.otherwise requires . -

1. “Ara

A nsa the ae eng pLIU 1 5 -

2. “ “ the same meaning prescribed In § 49-641.

3. “Area C” men t portion ofPinal.county lyin of range 11 east,

excluding that portion of ty lying within as defined in § 49-641 and

that portion of the county within any Indian tribe, band, group or

community that is recognized by the tea secretary of the Interior and thatexercises governmental autho thin the Iiini ny Indian reservation under

the jurisdiction of the d States government, notwi nding the Issuance of

any patent and ing rights-of-way running through the rese n.

eLeti

et owner” means a registered owner or lessee of at least -five

5. “Gasoline” means a volatile, highly flammable liquid mixture of hydrocarbons

that does not contain more than five one-hundredths grams of lead for each United

States gallon, that is produced, refined, manufactured, blended, distilled or com

pounded from petroleum, natural gas, oil, shale oils or coal and other flammable

45

U...

r

§ 41—2121. DefinitIons

2; —

F-’
g 

y

are desi ed and manufactured specificaJly for racing purposes and that• conducted on a pu c or private racecourse for the entertainment of the gen public.

A

motor yehice

g event includes practice, qualifying and de nstration laps conducted as

p f the activities related to a motor vehicle race

8. “Oxygenate” any oxygen-containing ashless, o c compound, inclild ing aliphatic alcohols

d aliphatic ethers, that may be sect as a fuel or as a gasoline blending compo t and that is approved as lending agent under thE. provisions of a waiver issu

y the United States e umental protection agency pursuant to 42 United States e § 7545(1).

9. “Oxygenated fuel” mess eaded

m r fuel blend that consists primaril of gasoline and at least one and e-half

r cent by weight of one or moii

oxygenates and that has been blend tent with the provisions of a Waivét issued by the United States enviromne rotectión agency pursuant to 42 United States Code I 7546(1).

10. “Product transfer docum “ means an ill of lading, loading ticket, mani fest, delivery receipt, I voice other document.a

n used on any occasion when a

person transfers custody or e of motor fuel other when motor fuel Is sold or

dispensed ataservices norfleetvOhiclefuelingf ty.

11. “Supplier”

m any person who imports gasolin to a vehicle emissions control area by

m of

a pipelIne or in truckload quapliti or the person’s own

use within the cle emissions control area or any person o sells gasoline Intended for to consumption within a vehicle emissions co I area, except thatsuppli doesnotmeanaperaonwithrespecttogasolinesupp orsoldby the pe to another for resale to a retailer within a vehicle emissions ntrol area

or to fleet owner for consumption within a vehicle emissions con I area.

“Vehicle emissions control area” has the same meaning preecri in 49441, except that such an area does not include a manufacturer’s pro ground that 10 locutod in the vohiole mnhiclonn control eros.

Added by Laws 1988, Oh. 252, * 13. Amended byLaws 1989, Oh. 261,4 4; Laws 1990, Oh. 1, * 1, eff. Feb. 22, 1990; Laws 1990, Oh. 888, § 17, eff. Sept. 27, 1990, retroactively effective to April 11, 1990; Laws 1992, (Yh. 176, 4 12; Laws 1992, Ch. 299, I 4; Laws 1998, Oh. 146, 19; Laww 1998, Oh. 217,j1O; LaWs 1999, Oh. 295, § 9; Laws 2006, Oh. 98, I 2; Laws 0O,Ch:292,l1.

1412 Standards for oxygenated fuel; volatility exceptions

A. Fro after September 80 through March 31 of each , a county with

a population o ilion two hundred thousand or persons and in any portion of

a county contain A, blends oline with ethanol shall not

exceed the volatility requirements

p

y § 41-2083 and rules adopted by the director under that section. after her 30, 1999 through March 31, 2000 and from and ber 30 through Marc year thereafter, in

area B, blen gasoline with ethanol may exceed the vo requirements

p

y § 41—2083 and rules adopted by the director under that up

— one ““‘ nor square mob if the base fuel meets the requirements of

46

5.
purchased tside of area A or area B which does not contain the rcentage

• weights of oxgn required by this article if the use is incidental acf not for the

purpose of evad? the requirements of this article. /Added by Laws l98c\h. 252, § 13.

§ 41—2127. ExemNon

The provisions of this’\rticle do not apply to a anufacturer’s proving

ground or a motor vehicle\acing event held in vehicle emissions control

area. \

f • Added by Laws 1990, Ch. 1, § 2, mended by Laws 1992, Ch. 299,

§ 5; Laws 1998, Ch. 146, § 23.

Historical au y Notes

For conditional enactment provision of Laws cal and Statutory Notes following

1992, Ch. 299, and occurrence of the condjti(

§ 41—2 128. InspectIons

A. On request, an interst$ pipeline termin’.,or a motor fuel storage or

dispensing site shall proviI a product transfer dcument to the department.

Product transfer documes may be stored off site aprovided by department

‘rulé. / \

B. On request, .4otor fuel storage or dispensing site”\k,ia1l provide access

to motor fuel densing cabinets to the department for ‘kspection of fuel

dispensing mets and blending valves. \ Added by Law/1998, Ch. 146. § 24. Amended by Laws 1999, Ch. 295,

§ 41—2 9. Repealed by Laws 2002, Ch. 87, § I

Historical and Statutory Notes

Je repealed section, added by Laws 1999, 295, § 15, related to diesel fuel sampling m,id-r..,,.,. Li,,..

ARTICLE 7. GASOLINE VAPOR CONTROL

Article 7, Gasoline Vapor Control, consisting of § 41—213 1 to 41— 2133, was added by Laws 1992, Ch. 299, § 6.

§ 41—2131. DefinitIons

In this article, unless the context otherwise requires:

1. “Annual throughput” means the amount of gasoline transferred into or (hspensed from a gasoline dispensing site during twelve consecutive months.

139
4. “Stage I vapor collection system” means a system where gasoline vapors

are forced from a tank into a vapor-tight holding system or vapor control

system though direct displacement by the gasoline being loaded.

5. “Stage II vapor collection system” means a system where at least ninety

per cent by weight of the gasoline vapors that are displaced or drawn from a

vehicle fuel tank during refueling are transferred to a vapor-tight holding

system or vapor control system.

6. “Vapor control system” means a system that prevents emissions to the

outdoor atmosphere from exceeding 4.7 grains per gallon or eight grams 2per

one thousand liters of petroleum liquid loaded.

Added by Laws 1992, Ch. 299, § 6.

‘42 U.S.C.A. § 7401 to 7671.

2So in original. Should have read “eighty grams”.

Historical and Statutory Notes

For conditional enactment provision of Laws ed as paragraphs 2, 3 and 1, respectively, in 1992, Ch. 299, and occurrence of the condition, order to alphabetize them.

see Historical and Statutory Notes following § 49—401.01.

Reviser’s Notes:

1992 Note. Pursuant to authority of § 41— 1304.02, paragraphs 1, 2 and 3 were renumberAdministrative Code References

Administration and procedures, see A.A.C. R20—2—10l.

§ 41—2132. Stage I and stage II vapor recovery systems

A. A person shall not offer for sale, sell, install or use a new gasoline vapor

recovery system, or any new or rebuilt component parts of the system, unless

the system or component part has been certified by the California air resources

board as of March 31, 2001 or after that date and has not been rejected by the

department. The department shall maintain and keep current a list of stage I

and stage II vapor recovery systems and component parts that are approved by

the department. Only those systems that are approved shall be used in this

state. all certified vapor recovery components must be clearly identified by a

permanent identification affixed by the certified manufacturer or rebuilder.

B. For gasoline dispensing sites with a throughput of over ten thousand

gallons per month in area A or area B as defined in § 49—541, and beginning

on January 1, 2001 for gasoline dispensing sites with a throughput of over tenthousand gallons per month in area A but outside of the Phoenix area Maricopa

county ozone nonattainment area as prescribed in 40 Code of Federal Regula

140

S

----

-
2.

p

p

y 

p

y

to

a vapor

collection system.

C. In an ozone nonattainment area designated as moderate, serious, severe

or extreme by the United States environmental protection agency under

§ 107(d) of the clean air act, area

A or other geographical area as provided in

subsection I of this section, an owner or operator of a gasoline dispensing siteshall not transfer or allow the transfer of gasoline into a motor vehicle fuel tank

at a gasoline dispensing site unless the gasoline dispensing site is equipped witha stage II vapor collection system. This subsection does not apply to gasoline

dispensing sites with a throughput of less than ten thousand gallons per month,

or to a gasoline dispensing site with a throughput of less than fifty thousandgallons per month in the case of an independent small business marketer ofgasoline as defined in § 324 of the clean air act or to a gasoline dispensing site

that is located on a manufacturer’s proving ground. Beginning on January 1,

2001, this subsection applies to gasoline dispensing sites that are located within

area

A but outside the Phoenix area Maricopa county ozone nonattainment area

as defined in 40 Code of Federal Regulations § 81.303.

D. An owner or operator of a gasoline storage tank, gasoline transport

vehicle or gasoline dispensing site subject to stage I or stage II vapor collection

requirements shall comply with the following:

1. Install all necessary stage I and stage II vapor collection and control

systems and make any modifications necessary to comply with the require

ments.

2. Provide adequate training and written instructions to the operator of the , affected gasoLine dispensing site and the gasoline transport vehicle.

3. Replace, repair or modify any worn or ineffective component or design

element to ensure the vapor-tight integrity and efficiency of the stage I and

Stage II vapor collection systems.

4. Connect and ensure proper operation of the stage I and stage II vapor

collection systems whenever gasoline is being loaded, unloaded or dispensed.

E. Before the initial installation or modification of any stage I or stage II

recovery system, the owner or operator of a gasoline storage tank, gasoline

transport vehicle or gasoline dispensing site shall obtain a plan review andapproval from the department. Application for the plan review and approvalshall be on forms prescribed and provided by the department.

F. The operator of each gasoline dispensing site using a stage II vapor

recovery system shall conspicuously post operating instructions for the system

In the gasoline or oxygenated fuel dispensing area. The instructions shall Clearly describe how to fuel vehicles correctly with the vapor recovery nozzles

141
recovery systems. The department of weights and measures shall establish by

rule plan review and approval fees. In establishing those rules and standards,

the director shall consider requirements in other states to assure that only state

of the art technology is used.

H. Approval of a stage 1 or stage II vapor collection system by the depart

ment does not relieve the owner or operator of the responsibility to comply

with other applicable statutes, codes and rules pertaining to fire prevention,

environmental quality and safety matters.

I. Any county, city or town outside an ozone nonattainment area designated

as moderate, serious or severe by the environmental protection agency under

I § 107(d) of the clean air act or outside of area

A as defined in § 49—54 1 may

require gasoline dispensing sites with a throughput greater than ten thousand

gallons per month or fifty thousand gallons per month in the case of an

) independent small business marketer of gasoline as defined in § 324 of the

clean air act to install, operate and maintain stage 11 vapor collection systems in accordance with this section. For a county, city or town considering the

adoption of a resolution to require stage II vapor collection systems within its jurisdiction and on request, the department of environmental quality shall

provide technical assistance in evaluating the air quality in that county, city or

town and shall provide final review and approval of an adopted resolution.

:p1 J.

A county board of supervisors or governing body of a city or town shall

submit a resolution approved by the department of environmental quality to the director of the department of weights and measures requesting the imposition of the requirements for stage II vapor collection systems within its jurisdiction.

K. The director shall adopt, by rule, compliance schedules for gasoline dispensing sites located within the jurisdiction requesting stage 11 vapor collec tion system requirements no later than twelve months after receipt of the resolution from the county board of supervisors or governing board of a city or

town. All gasoline dispensing sites other than those that are exempt pursuant

to subsection

C of this section shall be required to comply with stage II vapor collection system rules within twenty-four months after the rules have been

filed with the secretary of state.

L.

A county board of supervisors or governing body of a city or town that adopts the requirements for stage II vapor collection systems may repeal those requirements by adopting a resolution to remove the imposition of those requirements within its jurisdiction unless the county, city or town is in an

• ozone nonattainn-ient area that has since been designated as moderate, serious

or severe by the United States environmental protection agency under § 107(d) of the clean air act, On receipt of the resolution, the director of the department of weights and measures shall consult with the director of the department of

142

-4
repeal 

q

o

stage II vapor collection systems within that

jurisdiction as soon as practicable.

Added by Laws 1992, Ch. 299, § 6. Amended by Laws 1998, Ch. 146, § 25; Laws 1998.

Ch. 217, § 12; Laws 1999, Ch. 295, § 16; Laws 2002, Ch. 159, § 2.

Laws 1992, Ch, 299, § 61, provides:

“Sec. 61. RulemakIng for stage II vapor col

lection systems

“The director of the department of weights

and measures, in consultation with the depart

ment of environmental quality, shall adopt therules required under title 41. chapter 15, article

7, Arizona Revised Statutes, by emergency procedures set forth in title 41, chapter 10, Arizona

Revised Statutes, no later than November 1,

1992. The director, in consultation with and

with the assistance of the attorney general, shall

maintain emergency rules in effect until such

time that permanent rules are certified by the

attorney general and filed with the secretary of

state.”

For conditional enactment provision of Laws

1992, Ch, 299, and occurrence of the condition,

see Historical and Statutory Notes following

§ 49—401.01.

Laws 1993, 2nd S.S., Ch. 3, § 11, provides:Environmental Law 273.

Westlaw Topic No. 149E.

L

§ 41—2133. Compliance schedules

“Sec. 11. Transfer of monks; air quality fund

“Notwithstanding the provisions of § 41— 2068, 41—2092 and 41—2132, Arizona Revised

Statutes, up to $300,000 of the vapor recovery plan review and approval fees collected in fiscal

year 1993—1994 pursuant to § 41—2132, Arizona

Revised Statutes, shall be transmitted to the

state treasurer for deposit in the air quality fund. If less than $300,000 of fees are collect

ed, the balance shall be transferred to the state

treasurer for deposit in the air quality fund by the department of weights and measures from

fees collected for licensing of stage II vapor

recovery equipment pursuant to § 4 1—2092, subsection A, paragraph 3, Arizona RevisedStatutes.”

Reviser’s Notes:

1998 Note Prior to the 1999 amendment,

this section contained the amendments made by Laws 1998, Ch. 146, sec. 25 and Ch. 217, sec.

12 that were blended together pursuant to au

thorityof 41—1304.03.

Notwithstanding § 41—2132, subsection K relating to schedules of compli

ance:

1. Gasoline dispensing facilities located in an ozone nonattainment area

designated as moderate, serious or severe by the United States environmental protection agency under § 107(d) of the clean air act, in area a or in any other geographical area as provided in § 41—2132, subsection I for which construc tion began after the certification of rules adopted pursuant to § 41—2132 shall be constructed to include stage I and stage H systems that meet the minimum standards set forth in this chapter and department rules.

143

Historical and Statutory Notes

FAdministrative Code References

Gasoline vapor control, operation, see A.A,C. R20—2—907.

Library References
compliance within six months after the effective date of the rules adopted

pursuant to § 41—2132. Compliance with this article is a condition of thepermit.

Added by Laws 1992, Ch. 299, § 6. Amended by Laws 1998, Ch. 146, § 26; Laws 1999, Ch.295, 17.

‘Section 49—471 or § 49—541 et seq.

Historical and Statutory Notes

For conditional enactment provision of Laws see Historical and Statutor Notes following 1992, Ch. 299, and occurrence of the condition, § 49—401.01.

1 Library References

Environmental Law 273.We.stlaw Topic No. 149E.

1—2 134. Stg II rule effeetiveness etthaneed enfereement

1. The tor shall adopt rules to:

1. Enhance orcement of the department’s stage I por recovery pro

gram. The enforcem shall be enhanced through grams that may include

increased frequency of or eting of inspecC , increased sampling frequen

cy, use of portable analyzers or a othe c nique.

2. Establish standards and f or ired inspections of vapor rcoverv

systems.

Added by Laws 1993, 6 .S., Ch. 1, § 16. Amended by s 1999, Ch. 295, § 18.

jJ,

Library References

144