, ,

)

4

1 FINAL REVISED STATE IMPLEMENTATION PLAN for the STAGE
II VAPOR RECOVERY RULES Prepared by Air Quality Division Arizona Department
of Environmental Quality May 1994EXHIBIT

5 ARIZONA REVISED STATUTES (A.R.S.) RE: STAGE
II VAPOR RECOVERYI
Exhibit

5 § 41—2051 CHAPTER ,DEPARTME

OF WEIGH AND MEASES ARTICLE

5. REGULATION Section Section

-.41—2132. Stage

I and stage II vapor recovery 412U5

.Civpenalties.

‘.

....:

.

.sytems. ARTfL 7 T €$1!1E NTR3L 41-2133

.. cogqlbaflce ficljed1Jle

‘‘ 41—2131. Definitions.* Termination under Sunset Law

.: The department
of weight and measures shall terminate on July
1, ZOOS, unless continuecL See sf 41—8OO$.O* and 41—2955. Title J1, Chapter 15, relating
to the department
of weights and measures

is repeated on January

1, 2OO.C by § 41—5003.04.. ARTICLE

1. GENERAL PROVISIONS § 41—2051. Definitions In this chapter, unless the context otherwise requires: 1. “Certification” means the process of determining the accuracy of a commercial device to the standards
of this state by a registered service agency,

a registered serviceman
or the department. 2. “Commercial device” means any weighing, measuring, metering
or counting device which is used to determine the direct cost of things sold or offered or exposed for sale, or used to establish

a fee for service
if such cost is based on weight, measure or count, except that it does not include those devices used for in-house packaging
or inventory control. 3. “Commodity” means any merchandise, product or substance produced
or distributed for sale to or use by others. 4. “Correct”
as used in connection with weights and measures means conformance

to all applicable requirements

of this chapter. 5. “Department” means the department

of weights and measures. 6. “Director” means the director of the department

of weights and measures. 7. “Inspector” means state inspectors
of weights and measures. 8. “Liquid-fuel measuring device” means any meter, pump, tank, gauge or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low viscosity heating oil. 9. “Package” means any commodity put up or packaged
in any manner in advance of sale in units suitable for either wholesale
or retail trade. 10. “Person” means both the plural and the singular,
as the case demands, and includes individuals, partnerships, corporationS, companies, societies and associations. 11. “Primary standards” means the physical standards
of the state which serve as the legal reference from which all other standards and weights and measures are derived. 12. “Public weighmaster” means any person who, is engaged
in any of the following: (a) The business of weighing any object or thing for the public generally for hire or for internal use and issuing therefor

a weight certificate intended
to be accepted
as an accurate weight upon which

a purchase
or sale is to be based or on which

a service fee is to be charged. (b) The business of weighing for hire motor vehicles, trailers or seinitrailers and issuing weight certificates intended
to be accepted
as an accurate weight for the purpose of determining the amount of any tax, fee or other assessment
on the vehicles. 49 I STATE .OYERNMENT sof e on. ito. prior ks. ethe B ceed ired t,is13. “Registered service agency” means any agency, firm, company .or corporation which, for hire, award, omrnission
or any other payment of an kind, inst ,‘ervices, repairs or reconditions

a commerulal weighing, measuriag, ñietering’
Or cóimfln device, and which has been granted

a certificate
of registration
by the department. 14. “Registered serviceman” means any individual who or hire, Iard, commission
or any..,.other payment of any kind installs, services, repairs or reconditions

a commercial weigh1. measuring, metering or counting device, and who has been granted

a ertiflcate
of reglstia lion by the department.

.

.

.I. 15. “Sale from bulk” means the sale of commodities when the quantity

is determined

at the time of sale. 16. “Secondary standards” means the physical standards which are traceable
to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement

of weights and measures laws and rules.

.

. 17. “Weight”
as used in connection with any commodity means net weight. 18. “Weights”
or “measures”,
or both, means all weights, measures, metei-s r cbuiviers of every kind, instruments and devices for weighing, measuring, metering,
or counting and any appliance and accessories associated with any or all such instruments and devices. Amended by Laws 1992, Cli. 176,

§ 1. Ilistorical and Statutory Notes

,. .. ,. their intended use, to prevent.unfair dealing by weight or measure
in commodities sold and pur chased in this state and to provide standards and unifonvity for weighing and measuring equip ment.” ARTICLE

2; STATE ADMINISTRATION

OF WEIGHTS AND MEASURES § 41—2065. Powers and duties; definition A. The department shall: •1. Maintain custody of the state standards
of weight and measure that are traceable
to the United States prototype standards and that are supplied
to the states

.by the federal government

or that are otherwise approved
as being satisfactory
by the national institute of standards and technology. 2. Keep the state primary standards

in a safe and suitable place in the nietrology laboratory
of the department and insure that they shall not be removed from the laboratory except for repairs or for calibration

as may be prescribed
by the national institute of standards and technology. 3. Keep accurate records of all standards and equipment. 4. Make any rules necessary
to carry out the provisions
of this chapter and adopt reasonable rules for the enforcement

of this chapter, 1 which rules shall have the force and effect of law. Such rules shall be adopted pursuant
to chapter

6 of this tiUe In making such rules, the director shall consider,
as far as is practicable,.the requirements established by other states and by authority
of the United States, except that no rules shall be made in copflict with the provisions
of this chaflter. 5. Publish such rules adopted pursuant
to this chapter and issue appropriate copies at nocost to all new applicants for licensure and certification. Updated copies of the rules shall be distributed,
on request,
at no cost to the public. 412051

SFAE, Laws 1993k Cli. 1,17, 3, provides: “Sec 3. Purpose

.. “The purpose of the department
of weights and measures

is to assure that weights and measures in commercial service are suitable and accurate for

. ‘ ‘StATE

G Est establish standards • :Iapter
fo use of the performan instrurnen’ 9. Del€ proper adi 10. Ins 11. Ins used eithe (a)Ind or expOSer (b) In C( measure

a 12. TeE the mainte 13. TeE commerCia state as it and devict rejected
ia or dispose may seize capable of 14. Sat is stored
f gasoline

s director
F’ same meat 15. Te this state

s the law systems
(14 16. Ins offered fcc 17. Pui 18. We sold or in

1 and wheth rules adop shall empl institute

01 or rejecte( 19. All tyhasent gain of mc in good in 20. Pr test and
ii i 6. Investigate complaints made to the department concerning violations
of the provisions of this chapter and, upon its own initiative,’ conduct such investigations

as deemed appropriate to develop information relating to prevailing procedures

in commercial quantity determination and relating
to possible violations
of this chapter, and in order to promote the general objective of accuracy
in the determination and representation

of quantity
in commercial transactions.

.

.‘•

, 50.. 9xw/w

chapter, exemptions from the ‘licensing provisions
of this chapter for weighing. and measuring instruments, standards
or devices when the ownership
or use of the instrument
or device
is limited to federal, state or local government, agencies
in the performance

of official functions. On request, the department shall conduct inspections
of the instruments, standards
or devices and charge

a fee pursuant
to
§ 41—2092, subsection

B. 9. Delegate
to appropriate personnel any of the responsibilities

of the director for the proper administration

of this chapter. 10. Inspect and test weights and measures kept, offered or exposed for sale. 11. Inspect and test, to ascertain
if they are correct, weights and measures commercially used either: (a) In determining the weight, measure or count of commodities

or things sold, or offered or exposed for sale, on ‘the basis of weight, measure or count. (b) In computing the basic charge or payment for services rendered on the basis of weight, measure or count.,. • 12. Test all cot nodities arid weghta and 1neaures used in every, public institution, for the maintenance

of which funds are appropriated
by ‘the legislature. 13. Test, approve for use ‘and affix
a seal of apjoval for ,use of ll weights, ineaáures, commercial devices and liquid fuel measuring devices manufactured

in or brought into this state as it finds to be correct, and shall reject and mark as rejected such weights, measures and devices as it finds to be incorrect Weights, measures and devices that have been rejected. may be seized by the department

if not corrected within the time specified or if used or disposed of in a inamier not specifically authorized. The department shall condemn and may seize weights, measures and devices that are found to be incorrect and that are not capable of being made correct 14. Sample and test gasoline which is stored, sold or exposed or offered for sale or which is stored for use by a fleet owner to determine whether the gasoline meets the standards for gasoline set forth in § 41—2083 and article

6 of this chapter 3 and in any rule adopted by the director pursuant
to this chapter. For the purposes of this paragraph, “fleet owner” has the same meaning
as prescribed

in § 41—2121. 15. Test all stage

I and stage II vapor recovery systems that are installed or operated
in this state not less than annually and if the systems are determined

to be in compliance with the law affix
a seal of approval for use and reject, mark as rejected and stop the use of those systems determined not to be in compliance with the law. 16. Inspect facilities
at which gasoline or oxygenated fuel is stored, sold or exposed or offered for sale to determine whether dispensing devices re properly labeled. 17. Publish and distribute
to consumers weighing and measuring information. 18. Weigh, measure or inspect packaged commodities kept, offered or exposed for sale, sold or in the process of delivery
to determine whether they contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or rules adopted pursuant thereto.
In carrying out the provisions
of this section, the director shall employ recognized sampling, procedures, such as are designated

in appropriate national institute of standards and technology handbooks and supplements thereto, except as modified or rejected by rule. 19. Allow reasonable variations from the stated quantity of contents only after

a commodi ty has entered intrastate commerce. Such variations shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice. 20. Prescribe the standards
of weight and measure and additional equipment methods of test and inspection

to be employed
in the enforcement

of this chapter. The director may ‘51 ‘EERtMNT 7. Estailish labeling standards, establish standards -of weight, measure ,or count and establish reasonable standards
of fill for any packaged commodity, and may establish standards for open dating information.,..,.,,....•.V‘“c,•. 4iL2O65 or corporation which, rvices, repairs or ‘cc, and which has- nmercial w’eihmg, tiflcate
of regr is detrmIied

‘at traceable
to the cedures, and used in light.. ieters or counters of counting and any lidevices.

U I.’‘

i unfair dealink tea sold ,aid pur wovlde standards ‘end measuring equipMEASURES • traceable
to the by the federal onal institute of I the metrology the laboratory sal institute of iter and adopt ave the force and e. 2 .In making ta established all be made in te copies at no rules shall be qf the provisions d appropriate determination the general y in commez25. Establish by rule fees, including late charges,
if any, to be paid by a used oil or used oil fuel transporter, generator, marketer
or burner to cover the full cost of each test conducted

as prescribed by paragraph
24 and issue stop-use and stop-sale orders as provided in subsection

F of this section. 26. Establish by rule labeling standards. for tanks and containers
of liquid fuels and used B. The director may provide for the periodic examination and inspection
of metering devices .of utility companies, including but not limited to such devices utilized.tomeasure usage of electricity, natural gas or water by a consumer • .C. The director ma establish standards for the preseniation

of càsiiiltixformatión • Nothing inthis subsection shall conátrued
W mandate the use of cost-per-unit information in connec6oñ with the sale’f any standard packed commodity..•.. D. The director may, when necessary
to carry out the provisions
of this chapter, adopt and enforce rules relating
to quality standards for gasoline, motor fuel, kerosene, oil, except used oil fuel, and hazardous waste fuel, lubricating oils lubricants, antifreeze and other liquid or gaseous fuels. The director shall adopt rules to assure that oxygenated fuels, as described in article

6 of this chapter, stored, used, sold, or exposed or offered for use or sale are blended and stored, sold, exposed or offered
in such
a manner
as to assure that the oxygenated fuels are properly blended, that they meet the standards set forth in 41—2083 and article

6 of this chapter, and in rules adopted pursuant
to this chapter, and that dispensers

at which the oxygenated fuels are dispensed are labeled as defined by rule of the department

in such
a manner as to notify persons of the type of oxygenated fuel being dispensed and the maximum percentage
of oxygenate by volume contained

in the oxygenated fuel. The director of the department

of weights and measures shall consult with the director of the department

of environmental quality in adopting rules pursuant
to this subsection. E. All testing and inspection conducted pursuant
to this chapter shall, to the extent practicable,
be done without prior notice and by a random systematic method determined
by the director. The testing and inspection may be done by private persons and firms pursuant to contracts entered into by the director
in accordance with chapter 23 of this title. 4 The director shall establish, by rule, qualifications

of persons and firms for selection for purposes of this subsection. The persons
or firms conducting the testing and inspection shall immediately report to the department any violations
of the provisions
of this chapter and incorrect weights, measures and devices for investigation and enforcement
by the depart ment... A person or firm that tests or inspects

a weight, measure or device which is rejected shall not correct the defect causing the rejection. F. The director has fill enforcement powers prescribed under this section and

§ 41—2066 with respect
to used oil as defined
in
§ 49—801. Fees and late charges collected by the director pursuant
to subsection
A, paragraph
25 of this section shall be deposited monthly
in the weights and measures used oil fund established
by

§ 41—2069. Failure
to pay the prescribed fee and late charge,
if required, shall result in the department issuing

a stop-use or stop-sale order until the fees are paid in full. G. For purposes of the labeling requirements prescribed

in this section, “oxygenated fuel” means

a motor fuel blend containing
1.8 per cent or more by weight of oxygen. Amended by Laws 1992, Ch. 176.,

§ 2; Laws 1992, h. 299,

§ 2. 52 Z 41—2065

STATE GOERNNENT STATE G0vER: prescribe
or provide the official test and inspection forms to be used:in the :cpfccment

of thiseptr,.,••.•....,.•....1,,;. 3 Section4l—21.2l 21. Apply to any court of competent jurisdiction for atemporary

or permanentirjunction

;q..4 Section 41-2501 restraining any person from violating any jprovision
of this chapter. required on the work accomplished under the provisions
of this chapter....• Laws 1992, 23... Employ such personnel
as needd to. asist in administering
the provisions
of this chapter.•...•.. 24. Adopt rules to sample and test used oil or used oil fuel to the allowable levels prescribed by
§ 49-801 and any rules adopted pursuant
to
§ 49401. oil.

Ch. “Sec. 61. Rulem 9 lection systems “The director of measures,

in consul environmental quail quired under title 4 Revised Statutes,

1 forth in title 41, cha utes, no later than rector, in consultatl( of the attorney gene § 41—2066. En • and rules adopted agents and inspec 1. Enter any operating hours,

€ his credentials. 2. Issue stopcommercially usec ties or bulk comn removal orders wi of this chapter or weights and meas any action taken •

3. Seizeforus measure, package in violation of the 4. Stop any co evidence
of a vi credentials, inspe( documents

in his vehicle to some
si B. With respe director or his ag • accordance with

t C. The direct* inspection
of real title 49, chapter manner and in th § 49—433. Amended by Laws • ‘Section 41—2051 25tion 49401 § 41—2068. Fe The director sh the state treasur Arnéndedby Lawslentof junction aybe* levels r used test 5rovided •used aetering en—on • tion. adopt except liquid bed are hat the 2083 that f the 4 being nated
r tion. extent ed by uant The urposes ‘shall and .part ejected 2066 y the n,yin the use--,....,........-.....-.... .1 Section 412051 et seq. 2 Section 41—1001
et seq. 3 Section 41—2121
et seq. 4 Section 41—2501 et seq. historical and Statutory Notes 41—2068 Laws 1992, Ch. 299, § 61 and 69,. provide: 61. Rulemaking for stage II vapor col lection systems “The director of the department

of weights and measures,

in consultation with the department

of environmental quality, shall adopt the rules re quired under title 41, chapter 15, article
7, Arizona Revised Statutes, by emergency procedures set forth in title 41, chapter 10, Arizona Revised Stat utes, no later than November

1, 1992. The di rector, 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.” “Sec. 69. Conditional enactment “This act is effective only if house bill 2564, fortieth legislature, second regular session [Laws 1992, Ch. 361], is enacted into law.” 1992 Reviser’s Note: This section contains the amendments made by Laws 1992, Ch. 176, sec. 2 and Cli. 299, sec. 2 that were blended together
as shown above pursuant
to authority
of § 41—1304.03. I,

a. § 41—2066. Enforcement powers of the director, and inspectors A. When necessary for the enforcement

of this to’ and title 49, chapter
4, article 72 and rules adopted pursuant
to this chapter and title 49, chapter
4, article
7, the director or his agents and inspectors shall:,......- 1 Enter any commercial, nonprofit business or governnntal premise during normal operating hours, except that if uch.pretnises
are not open to the public, he shall first present his credentials. 2. Issue stop-use, hold and removal orders with respect to any weights and measures commercially used, stop-sale, hold and removal orders with respect to any packaged commodi ties or bulk commodities kept, offered or exposed for sale and stop-use, stop-sale, hold and removal orders with respect to any liquid fuel, used oil or used oil fuel found to be in violation of this chapter or rules adopted pursuant
to this chapter. The director of the department
of weights and measures shall inform the director of the department
of environmental quality of any action taken pursuant
to this paragraph which relates to used oil or used oil fuel. 3. Seize for use as evidence, without formal warrant, any incorrect
or unapproved weight, measure, package or commodity found to be used, retained, offered or exposed for sale or sold in violation of the provisions
of this chapter or rules adopted pursuant thereto. 4. Stop any commercial vehicle upon reasonable cause to believe that the vehicle contains evidence of a violation
of any provision
of this chapter and, after presentment

of his credentials, inspect the contents, require that the person In charge of the vehicle produce any documents

in his possession concerning the contents and require him to proceed with the vehicle to some specified place for inspection. B. With respect to the enforcement

of this chapter and title 49, chapter
4, article
7, the director or his agents or inspectors may issue

a citation to any violators of this chapter
in accordance with the provisions
of 13—3903. C. The director, his agents or an inspector may apply for a special inspection warrant for inspection
of real or personal property for the purpose of enforcement

of this chapter and title 49, chapter
4, article 7. Such
a special inspection warrant shall be issued in the same manner and in the same form as a special inspection warrant for air pollution
as provided
in § 49—433. Amended by Laws 1992, Ch. 176,

§ 3. ‘Section 41—2051
et seq. 2 Section 49—801 et seq. § 41—2068. Fees to general fund The director shall remit all fees collected, except monies collected pursuant
to § 41—2069,
to ,the state treasurer
to be deposited

in the state general fund. Amended by Laws 1992, Ch. 176,

§ 4.
53STATE GOVEis required for setting

a fee
c B. No person may misrepresent the nature,origination, quality, grade or identity of any

E’ Aj

r product specified
in subsection

A of this section nor represent the nature, origination, quality,

èci i’ e grade or identity of such product
in any manner calculated
or tending
to mislead or in anyma

‘ d way deceive.-

stanu
an standards and test methods for gasoline and oxygenated fuels shall be established
by the director of the department

of weights and measures and shall be consistent with the the ueP standards specified
in ASTM D4814, standard specification
for automotive spark ignition engine fuel. The director may establish by rule exceptions

to these standards

if the director business determines

it is necessary
in order to carry out the purposes of this chapter.

H. The dep D. Maximum vapor pressure for gasoline that is supplied or sold by any person and that that he is rel is intended
as a final product for the fueling of motor vehicles
in a nonattainment area as departmerl defined by
§ 49-541 with
a population
of one million two hundred thousand
or more persons Amended by La shall be en pounds per square inch from and after September 30, 1991 through March 31, 1992 and from and after September
30 through March 31 of each year thereafter. Motor vehicles used at a manufacturer’s proving ground or a motor vehicle racing event as defined by
§ 41—2121 are exempt from this subsection. Amended by Laws 1992, Ch. 176,

§ 7. HistoricalandStatutoiyNotes.•‘VV••V 1992 Reviser’s Note•.“rwas Vniovedtocorrect

5 manifest Pursuant
to authorityof § 41-1304.02,

in subsec. clerical error.VVV Lion C, first sentence after the first “director” the ARTICLE

4. LICENSING, TESTING AND CERTIFICATION § 41—2091. Licensing devices used for commercial purposes; authorization

to test devices used for all other purposes; fees; certification; transaction privilege tax license records; notification A. No person may use any weighing
or measuring device commercially

in determining the weight, measure or count of commodities

or things sold, r offered or exposed for sale, on the basis of weight, measure or count, nor use any such device in computing the basic charge or payment for services rendered on the basis of weight, measure or count unless such device
is licensed or certified
as provided
in this chapter. B. Such license shall be obtained annually from the department
on forms prescribed and furnished by the department, which shall be accompanied
by the fee prescribed

in this chapter.
A license shall be obtained not later than the first day of commercial use for originalV installations. Failure to pay the initial or renewal fee on or before the date due shall result in a penalty equal to the amount of the fee required.
If the ownership
of a device which
is licensed

is transferred, the ownership
of the license may be transferred. Upon transfer of a license, new licensees shall notify the department
of the licensee’s name and address and the location of the device.VV C. Any license issued under theprovisions
of this chapter applies only to the instrument or device specified
in the license, except that the director may permit such license to be applicable
to a replacement for the original instrument
or device. D. Noncommercial devices may be tested by the department pursuant
to this chapter.

A weighing device owned by a person who uses it only for the purpose of weighing his or herownlivestock or agricultural products and for no commercial purposes

is declared
to be a noncommercial device, and the owner thereof
is exempt from paying any licensing fees collected pursuant
to this chapter. B. Certification fees shall be charged for ranch livestock scales used for commercial purposes. Such fees shall be based on the actual cost of such service. Noncommercial devices, tested at the request of the owner or user, and portable batch plants, if certification 56 §41—2083

STATE GOVERNMENT fuel as defined in § 49—1001, kerosene,
oil or other Liquid orgaseousfuel or lubricating oil, lubricant, mixtures of lubricants
or other similar petroleum product other than used Soil.

§ 41—2092.

1 A The foll( commercial pu:V Weig 2. Liqui liqiV Moto liqi es 4 Liqunrnental quality, the established by the consistent with the motive spark ignition ards if the director pter. qr any person and that. ionattainment area as d or more persons through March 31, thereafter. Motor icing event as defined I

$ 12.00 18.00 36.00 120.00 180.00 STANDARD 15.00 30.00 45.00 60.00 75.00 90.00 105.00 120.00 STAGE
II 30.00 60.00 90.00 120.00 150.00 180.00 210.00 240.00 15.00 22.50 I ATE GOVERNMENT ci or 1ubricaing oil, other than used de or identity of any origination, quality, to mislead orinany

.j. 41—2092 j required for state construction projects, shall. pay a certification fee established
by rule fee comparable

to the 4ceise.fee prescribed

in I. 41-202.... F. Any portable measuring devine”which isfive gallons oriles and which
is properly marked by the manufacturer according
to standards established
by the national institute of standards and technology shall be exempt from the liëensing and certification provisions
of thischaPter.

•s.,.- G. For the purpose of ascertaining compliance with the licensing provisions
of this article, the department

of revenue shall provide the department with ‘a monthly report of all transaction privilege tax licenses issued in the prior month. Such report shall include the business name, type of business and business address of the licensee. H. The department
of revenue shall annually notify each transaction privilege tax licensee that he is required
to register new or existing weighing
or measuring devices with the department
of weights and measures. Amended by Laws 1992, Ch. 176,

§ 8. § 41—2092. Licensing fees; definitions .A’ The following fees shall be paid to the department

as license fees for devices used for commercial purposes: ‘Schedules
of Fees 1.. Weihing devices: 0-500 pounds capacity (or metric equiva lent) 501—2,000 pounds capacity 2,001—7,500 pounds capacity 7,501-60,000 pounds capacity 60,001 pounds capacity and over 2. Liquid metering devices (meters) other than for liquid petroleum gas: maximum

12 gallons per minute and under rnaxhnum 13—150 gallons per minute maximum 151400 gallons per minute maximum 501—1,000 gallons per minute maximum 1,001 gallons per minute and over3• Motor fuel devices (dispensers) other than for liquid petroleum gas (not including satellite hos es or nozzles): one hose and nozzle two hoses and nozzles or blends three hoses and nozzles or blends four hoses and nozzles or blends five hoses and nozzles or blendsV
six hoses and nozzles or blendsVseven hoses and nozzles or blends•VV eight hoses and nozzles or blends • high volume (over 19 gallons per minute) diesel per hose and nozzle keylock, limited access, with accumulators,VV per hose and nozzle

V

V currency and credit card reader (no hoses or nozzles) (accessory only)•Vremote indicator and control unit (no hoses orVVVnozzles) (accessory only) 4. Liquid measuring devices for liquid petroleum gas (meters):.• coectanifeat lION authorization

to- certification; ttjo indeterminingthe. o d for sale, on the e basic charge orV as such device is prescribed and rescribed

in this use for original due shall result in device which is n transfer of a address and the the instrument ch license to be this chapter.
A hing his or her eclared to be a y licensing fees for commercial Noncommercjal a, if certification

12.00 36.00 90.00 138.00 168.003 22.50 — 57sating 2” meters and larger, temperature compen sating 5. Linear measuring devices: all linear measuring mechanical devices 6 Time measuring devices: all time measuring mechanical, electrical’ and electronic devices 1. Public weighmaster 2. Registered service agency 3. Registered serviceman
‘STATE’ GOVERNMENT $24.00’. 24.00’ 48.00. 48.00 .48.00 72.00 72.00 5400.

1: Knowingly hinders, interfe inspectors
or agents in entering counting device may be kept for duties. 2. Impersonates

in any way ti of his seal, or a counterfeit
of hi 3. Uses, or has in possession offers or exposes for sale or hire, incorrect weight or measure or weight or measure. 4. Sells, or offers or expose commodity, thing or.servicç. 5. Takes more than the quanti as buyer, he furnishes the weil commodity, thinor er’iee
is de :B. Aperson

is guilty of a cl& 1. !Uses, ohas’in’posSession

f weight or measure that does not b as provided
in § 41—2065, subseel been exempted from testing by brL in service as provided
in this’ ch metering, measuring
or counting

ci his deputies, inspectors
or agent metering, measuring
or counting

d weighing, metering, measuring
or 2. Disposes of any rejected or or rule. 3. Removes from any weight

c placed thereon by the appropriate 4. Keeps for the purpose of se any commodity, thing or service

ii 5. Uses in retail trade, except

L of medical prescriptions,

a weight be accurately read and the weigh from some position which may rca 6. Violates any provision of thi this chapter.

A coninuing violat during which the violation

is corns C. The provisions
of this secti provision
of law. D. The attorney general and

1 prosecute violations
of this chapte Amended by Laws 1992, Ch. 176,

§ 10 fist -iO92 -

‘ small bottle fill measuring devices motor fuel measuring devices,- unconipènsated I
motor fuel measuring jievices, temperaWre - compensating motor.fuel measuring devices, keylocks 3/4” and 1” meters, uncompensated LL

1” and 1 meters, uneompensated I

2” meters and Larger, uncomnpensated .%“ and 1” meters, temperature compensating 14”, 1Y? and 1%” meters, temperature compen

STA1E GOVERNMENT I I .!• ‘.

‘•‘

- Violation; .class person is guilty of a cia 90.00 96.00 24.00 24.00- B. Testing, inspection, certification and calibration fees shall be paid pursuant
to the fee schedule set forth in the rules of the department. C Issuance or renewal of’ license as

48.00 24.00 4.80 D. The fees set forth in this section are the maximum amounts which may be charged, but the director may, at his discretion, reduce such fees to any amount he deems necessary. E. The director may prorate the fees set forth in this section for partial year application. F. For the purposes of this section: 1. “Taxicab” means

a motor vehicle that has a driver for hire and a seating capacity of less than seven passengers and that is not operated on a regular route. 2. “Time measuring devices” and “linear measuring devices” do not include odometers except when utilized as the device upon which

a charge
is determined

in the operation
of a taxicab. Amended by Laws 1992, Ch. 176,

§ 9; Laws 1992, Ch. 299,

§ 3. Historical and Statutory Notes For conditional enactment provision
of Laws deposit
in the air quality fund. If less than 1992, Ch. 299, and occunence
of the condition, see

.$300,000 of fees are collected, the balance shall be Historical and Statutory Notes following transferred

to the state treasurer for deposit
in the § 49—401.01.

.

.air quality fund by the department
of weights and Laws 1993, 2nd S.S., Ch. 3, § 11, provides: measures from fees collected for licensing of stage “Sec. 11. Transfer of monies; air quality §41—2092,recovery equipment

to vised Statutes.” 1992 Reviser’s Note: “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 58 I

This section contains the amendments made by Laws 1992, Ch. 176, sec. 9 and Ch. 299, sec.
3 that The 1992 axnendmen
-in Par.

1 of were blended together
as shown above pursuant
to substituted “11” for “12’ following

“ authority
of § 41—1304.03.

and, in par.
6 of such subsection,

di i•’W.VARTICLE5.REGULATION4i §41—2113Violation,classification,jurisdictionApersonisguiltyofaclass1.nilsdemeanorwhO:Knowinglyhinders,interfereswithorobstructsinanywaythedirectororanyofhisIjispectorsoragentsinenteringthepremiseswhereaweighing,measuring,meteringorcountingdevicemaybekeptforinspectingortestingorintheperformanceofhisofficialduties.2:Impersonatesinanywaythedirectororaiiy’onofhisagentsorinspectorsbytheuseofhis.seal,oracounterfeitofhisseal,-orinanyothermanner.-3.Uses,orhasinpossessionforthepurposeofusingforanycommercialpurpose,sells,offersorexposesforsaleorhire,orbainpossessionforthepurposeofsellingorhiringanincorrectweightormeasureoranydeviceorinstrumentusedorcalculatedtofalsifyanyweightormeasure.--‘---4.Sells,oroffersorexposesforsale,lessthanthequantityherepresentsofanycommodity,thingorservice.,---.-5.Takesmorethanthequantityherepresentsofanycommodity,thing-orservice,when,asbuyer,hefurnishestheweightormeasurebymeansofwhichtheamountofthecommodity,thingorserviceisdeterminedBApersonisguiltyofaclass2misdemeanorwho1iUses,orhasinpossessionforthepurposeofcurrentuseforanycommercialpurpose,aweightormeasurethatdoesnotbearasealormarkofapprovalbasedoninspectionandtestasprovidedin§41—2065,subsectionA,paragraph11,unlesssuchweightormeasurehasbeenexemptedfromtestingborderofthedepartment,orunleinthedevicehasbeenplacedinserviceasprovidedinthischapter.Anypersonorpersonsmakinguseofweighing,metering,measuringorcountingdevicessubjecttéthischaptershallreporttothedirectororhisdeputies,inspectorsoragents,inwriting,thenumberandlocationofsuchweighing,metering,measuringorcountingdevicesandshallpromptlyreporttheinstallationofanynewweighing,metering,measuringorcountingdevice.2.Disposesofanyrejectedorcondemnedweightormeasureinamannercontrarytolaw Lorrule.gcapacityoflessdudeodometersheoperationofad.IflessthanthebalanceshallbefordepositinthertmentofweightsandIforlicensingofstageentpursuanttograph3,ArizonaRe[iendmentsmadebyiCh.299,sec.3thatiWnabovepursuantto IcVEHNMEN1 I‘24.00’’48.00.-90.0096.0024.00-.24.00

11rsuanttothefeet•.-:-•-480024.004.80ybecharged,butdeemsnecessary.alyearapplication.V.3.Removesfromanyweightormeasure,contrarytolaworrule,anytag,sealormarkplacedthereonbytheappropriateauthoritypursuanttothischapter.4.Keepsforthepurposeofselling,advertising,orofferingorexposingforsaleorsellsanycommodity,thingorserviceinaconditionormannercontrarytolaworrule.5.Usesinretailtrade,exceptinthepreparationofpackagesputupinadvanceofsaleandofmedicalprescriptions,aweightormeasurethatissopositionedthatitsindicationsmaynotbeaccuratelyreadandtheweighing,metering,measuringorcountingoperationobservedfromsomepositionwhichmayreasonablybeassumedbyacustomer.6.Violatesanyprovisionofthischapteroroftherulesadoptedundertheprovisionsofthischapter.Acontinuingviolationmaybedeemedtobeaseparateviolationeachdayduringwhichtheviolationiscommittedforthepurposeofimposingafine. C.TheprovisionsofthissectionareinadditiontoandnotinlimitationofanyotherVprovisionoflaw.VVVD.Theattorneygeneralandthecountyattorneyshallhaveconcurrentjurisdictiontoprosecuteviolationsofthischapter.AmendedbyLaws1992,Ch.176,§V10•VHistoricalandStatutoryNotes.VThe1992amendment,par.1ofsubsec.B,promulgated”following“adopted”inthefirstsensubstituted“ii”for“12”following“paragraph”;-tence:--.-.and,inpar.6ofsuchsubsection,deleted“and 59§ 41—2115. Civil penalties

‘- J. r0Bhe attorney general shall bring actions to recover penalties pursuant
to this section in the uperior court in the county in which the violation occurred
or in a county where the agency has its office. All monies derived from civil penalties shall be transmitted

to the state treasurer
to be deposited
in the state general fund. Added by Laws 1992, Ch. 176,

§ 11. ARTICLE

6. OXYGENATED FUEL § 41—2121. Definitions In this article, unless the context otherwise requires: 1. “Area A” means

a county with
a population
of one million two hundred thousand
or more persons that contains

a carbon monoxide vehicle emissions cohtrol area. 2. “Area B” means

a carbon monoxide vehicle emissions control, area in a county with
a population

in excess of four hundred thousand but fewer than one million two hundred housa1d persons 3; “Fleet owner” ‘means

‘a registered owner or lessee ‘Of at least twenty-five vehtcles
as- deIinedin49—541.,-‘‘i.

.: 4. “Gasoline” means

a iolatile, highly flammable liquid mixture of hydrocarbons which is produced, refined, manufactured, blended, distilled or compounded from petroleum, natural gas, oil, shale oils or coal and other flammable liquids free from undissolved water, sediment or suspended matter, with or without additives, and which
is commonly used as a fuel for spark ignition internal combustion engines. Gasoline does not include diesel fuel. 5. “Leaded gasoline” means gasoline containing more than five one-hundredths grams of lead per United States gallon. 6. “Manufacturer’s proving ground” means

a facility whose sole purpose

is to develop complete advanced vehicles for an automotive manufacturer. 7. “Motor vehicle racing event” means

a race that uses unlicensed vehicles which are designed and manufactured specifically for racing purposes and that is conducted
on a public or private racecourse for the entertainment

of the general public.
A motor vehicle racing event includes practice, qualifying and demonstration laps conducted

as part of the activities related
to a motor vehicle race. 8. “Oxygenate” means any oxygen-containing ashless, organic compound, including alip hatic alcohols and aliphatic ethers, ‘winch may be used as a fuel or as a gasoline blending component and which is approved
as a blending agent under the provisions
of a waiver issued by the United States environmental protection agency pursuant
to 42 United States Code § 7545(f)1 9. “Oxygenated fuel” means

a motor fuel blend, whether leaded or unleaded, consisting primarily
of gasoline and a substantial amount of one or more oxygenates, and which has been blended consistent with the provisions
of a waiver issued by the United States environmental protection agency pursuant
to 42 United States Code

§ 7545(0. 10. “Supplier” means any person who imports gasoline into
a carbon monoxide vehicle emissions control area by means of a pipeline or in truckload quantities for his own use within the vehicle emissions control area or any person who sells gasoline intended for ultimate consumption within

a vehicle emissions control area, except that supplier does not mean

a person with respect
to gasoline supplied or sold by the person to another for resale to a retailer within

a vehicle emissions control area or to a fleet owner for consumption within

a vehicle emissions control area.

60 41-2115

STATE GOVERN?VNT A. A person-who violates this chapter, any rule of the department

or any license requirement

is subject, after
a hearing,
to a civil penalty imposed by the director. The civil penalty shall not exceed five hundred dollars for each infraction nor more than five thousand dollars for any thirty day period. STATE’GOVERNMENT ii. Unieaded. gasoline” m ranisof.lead’per United Stat 12.’ 9tebiddemissióñ

eor xëept that auth an ‘ar.adoes

n the vehicle emissions cdiitrol

a Amended by Laws 1992, Ch. 176,. 142 U.S.C.A.

§ 7545(1)

I For conditional enactment pro 1992, Ch. 299, and occurrence
of Ui Histoncal and Statutory

NI § 49—401.01. 1992 Reviser’s Note: This section contains the amend Laws 1992, Ch. 176, sec. 12 and Ch § 41—2122. Stand rds for •A. From amid after Septeii September
30 through March ethanol may é*ceed the volatilii the dirctqr under that section requirements’

of AStM D-4814 cent ethanol by volume but

d period, of.time, blends of gas determined
by. 4epartment nil B. Notwithstanding subsec environmental protection ager attainment

in area A or if the agency finds that area A has
f: to attain the national ambient attainment date, from and afte year and for each oxygenate

p not exceed the volatility requ director. The director of the director of the department
of e of gasoline notice of any ch: Notice of any required change ing September 30, 1993, shall

1 period, and notice shall be g oxygenate period thereafter. C. Notwithstanding subsec and measures
in consultation shall approve alternate fuel gasoline which the directors

d reductions which will equal or section In making such dete: against the emission reductior pressure standard prescribe( standard prescribed
by

§ 4: director of the department

of department

of environmenta gasoline unless the approval measures
at least one hundre the future. Manufacturers control measure shall annuall weights and measures not Ia- -QC’’ qeo-‘---B. Notwithstanding subsection

A of this section, within sixty days of notification that the administrator

of the United States environmental protection agency has determined that the state implementation plan is inadequate and that additional emissions reductions are neces sary in area B, the minimum oxygen content shall be raised from 1.8 per cent 1y weight of oxygen to 2.1 per cent by weight of oxygen. This is a specific contingency measure
as required by
§ .112(c)(9) of the clean air act•.. Axneidedb3’ Laws 1993,Ch244,

§ 2, eff’:April 22,’1993:.-:......... § 41-2127. Exemption,.:‘‘‘ The provisions
of this article do not apply to a motor vehicle racing event held in a vehicle emissions control area. Amended by Laws 1992, Ch. 299,

§ 5. Historical and Statutory Notes For conditional enactment provision, and occur rence of the condition, see Historical and Statutory Notes following

§ 49-401.01. § 6. § 41—2131. Definitions In this article, unless the context otherwise requires: 1. “Annual throughput” means the amount of gasoline transferred into or dispensed from a gasoline dispensing site during twelve consecutive months. 2. “Clean air act” means the clean air act of 1963 (P.L 88-206; 42 United States Code § 7401—7671)

1 as amended by the clean air act amendments

of 1990 (P.L. 101—549). 3. “Gasoline dispensing site” means any site where gasoline

is dispensed into
a motor vehicle fuel tank from any stationary storage vessel. 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 4irect 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. 62 ‘STATE G0 VERNMENT ‘STATE ‘GOVERNMENT ; 41—2122 D. :From. and after’Septeniber

30, 1992 .throügh March 31, 1993 and from ‘and after September
30 through March 31 of each year thereafter,
all blends of leaded or unleaded gasoline with alcohol other than ethanol shall satisfy all of the requirements prescribed,
by.41-2083 and rules adopted by. the director under that section and the provisions
p a waiver issued by the United States environmental protection agenày pursuant
to 42 ‘United States Code

§ 7545(f).’.. Amende4 by4.aws 1992 Ch 176

§ 13, Laws 1993 Ch 244

§
1 eff AprIl 22 1993 ‘42 U.S.C.A.

§ 7545(f).

. § 41—2125. Area B; sale of gasoline; oxygen content A. From and after September
30, 1990 through March 31, 1991 and from and after September
30 through March 31 of each year thereafter,
all leaded or unleaded gasoline which is supplied or sold by any person and which
is intended
as a final product for the fueling of motor vehides within area B or which
is consumed

in a motor vehicle within area B by a fleet owner shall contain not less than 1.8 per cent by weight of oxygen nor more than 3.7 per cent by weight of oxygen.

‘Vapor .coitrpl sys ,atmosphere from exceedin petroleum liquid loaded. Mdal y Laws 1992,.Cb. 29 142 U.S.C.A. §‘ 7401 to 7( 2 So In original. Should ha For conditional enacUnenl j .1992;Ch. 299, and occurrence Historical and Statutory § 49-401.01.‘ 1992 RevIser’s Note: Pursuant
to authority
‘of graphs
1, 2 and
3 were renun § 41—2132. Stage

Ian A. A person shall not ‘recovery system, or any
o California air resources

b certified manufacturer

‘or
z aid keep current

a list of vapor recovery Systems ‘CE so certifld shall be used B. Beginning Ju1y1,.. thousand gallons per mor thousand persons accordin not transfer or allow the

i unless the storage tank is 1. A stage

I vapor cc storage tank or its vent
t 2. A properly installe system. C. In an ozone nonatta the environmental protecti area as provided
in subsec site shall not transfer or gasoline dispensing site ur collection system. This throughput
of less than te: a throughput
of less than
f business marketer
of gas dispensing site that is lpc D. An owner or operat dispensing site subject to: the following: 1. Install all necessary any modifications necessai 2. Provide adequate

ti gasoline dispensing site ai 3. Replace, repair or ensure the vapor-tight
mt systems. 4. Connect and ensur€ systems whenever gasolin 129 A,.Rov.SIau.-3 1993 P.P. ARTICLE

7. GASOLINE VAPOR CONTROL Article

7, consisting
of §f 41—218l
to 41—218.9, was added by Laws 1992, Cli. 299,1991 and from and after ded or unleaded gasoline a final product for the otor vehicle within area B it of oxygen nor more than .sTAórERMwENT’
TA1E GOVERNMENT 1993 and from and after

.. ‘Vapor control system”, means

a system that prevents emisions.
to. he outdoor da of leaded or unleaded tniosphere from exceeding 4.7 grains per gallon or eight grams 2 per one thousand liters of ments prescribed,
by petroleum liquid loaded.......ii eprovisionso awaiver Mdedl, 1WS1992 Ch.299 §6 runtto42unjtedStatesi42U.S.CA7401to7671.-

254 in original. Should have Fead “eighty grams”. pril 22, 1993. do4 [a of notification that the has determined that the dons reductions are neces .8 per cent by weight of contingency measure
as •‘•,S. ng event held in a vehicle I I IL 1992, Ch. 299, I into or dispensed from 42 United States Code lL. 101—549). ispensed into a motor line vapors are forced system though direct ast ninety per cent by 1 hicle fuel tank during itrol system.

For conditional enactment provision
of Laws
2, 3 and 1, respectively,

in order to alphabetize 1992, Cli. 299, and oecunence
of the condition, see them. Historical and Statutory Notes following § 49-401.01. 1992 Reviser’s Note: Pursuant
to authority
of
§ 41-1304.02, para graphs

1, 2 and
3 were renumbered

as paragraphs * 41—2132. Stage

I and stage II vapor recovery systCriis A. A person shall not offer for sale sell, install or use a new or rebuilt gasoline vapor recovery system, or any of its component pata, unleSs the systeni, has, been ertified by. the (á]ifornia air resourées board and is clearly identified by a perniiñént idenflcation

of the certified manufacturer

or rebuilder. The department
of weights and measures shall maintain and keep current.a list of those design and performance standards for Btage

I end stage II •wapor recovery systeznacertifled

by the CØltfornia air resources boarL Qthoaesystema. socertifleddhallbeusedanthisstate“ B Beginning July 1, 1993, for gasoline diapenmng sites with
a throughput
of over. ten. thousand gallons per month in a county with
a population over one hundred twenty-five thousand persons according
to the most recent United States decenmal census,

a person shall not transfer or allow the transfer of gasoline into storage tanks at gasoline dispensing sites- unless the storage tank is equipped with either of the foliowing 1. A stage

I vapor collection system consisting
of a vapor-tight return line from the storage tank or its vent to the gasoline transport vehicle. F a A properly installed on-site vapor control system conected

to a vapor collection tem. C. In an ozone nonattainment area designated

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

§ 107(d) of the clean air act or other geographical area as provided
in subsection

J of this sectiOn, an owner or operator of a gasoline dispensing site shall 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 with
a stage U 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 thousand gallons pot. month in the case of an independent small business marketer
of gasoline
as defined in § 324 of the clean air act or o a gasoline dispensing site that is lçcated on a ‘manufacturer’s proving ground. 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 requirements.

- 2. Provide adequate training and written instructions

to the operator of the affected gasoline dispensing site and the gasoline transport vehicle. 3. Replace, repair o’ 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 U vapor collections systems whenever gasoline

is being loaded, unloaded or dispensed..‘, 129 Mz.Rev,Stats-3

63 l P.P.STATE iGO VERNMENT E. ‘Beforeth&initialinstallationbr niodiflcation

Qf any state
I :or.tage ‘II 4ecó4ery ‘system, the owñ& or ó’peratoi gasoline storage tank, gasoline. transport. vehicleor gasoline dispensing site shall obtain

a plan review and approval’froni the:idepartnwnt. Application for the plan review and approval shall be on forms prescrlbed.and provided by. the department..,-

.

,,.F. The operator or each gasoline dispepsing site using a,st,e tva ypjsyem shall conspicuously post oper g,str4o fpr ie ,syt in he’Iaao1me
or oxygenatedl fuel dispensing area. The m”stnicti6 shall c’ea1y aescribe how to fuel vehicles correctly4 with the vapor recovery nozzles used at the station and shall include

a warning that toppingoff may result in spillage or reeirculation
of gasoline or oxygenated fuel ahd 1 g prohibited G The department

of weights and measures
in consultation with the department

of environmental quality and the state fire marshal shall establish by rule standards ,frthe installation and operation
of sgge,l.and stage Ii vapor recovery systems. The department
of weights and measures shall establish by rule plan review and approval fees In establishing those rules and statidards, the director shall consider requirements

in other states to assure thatonlyitateofthearttechnologyis,used.

•...

.,

‘:r.

:H. Appeoval of.a stage Ior stage U vapor collection system by the departmert 4oea notrelieve the owner or operator of the responsibthty

to comply with other apphcab1estatotes, codes and rules pertaining

to fire preveptioniL envu”onn1ental quality dnd safetr mhtters I Gasoline dispensing sites ,subject to the Iequirements

of subsection

C Qf tips sectionshall comply according
to the fcjlowmg schedule.,,

,

. 1, Alt gasoline” dispnsiig sates for which construction .con’xnenced after Novetnber ,15,1990, shall comply by May 15, 1993

Li
l.i ,LJ• 2. All gasoline disensing ‘siteswith ‘an athiual’ throughput ‘of’ morethan one million twohundred Thousand gallons for any year during which the site ‘waá’ dispensing gasoline startingwith January

1, 1987, shall comply by November
15, 1993,V3 All other gasoline dispensing sites shall comply by November
15, 1994 J. Any county, city or town outside an ozone nonattainment area designated
as moderate by the environmental protection agency under

§ 107(d) of the clean air ct may require gasoline dispensing sites with a throughput greater than ten thousand gallons per month orfifty thousand gallons per month ‘in th case of an independent small business marketer
of gasoline
as defined in § 324 of the cLean air act to install, operate and maintain stage II vaporcollection systems
in accordance with this section. Upon request of a county, city or town considering the adoption of a resolution
to require stage II vapor collection systems withintheir respective jurisdiction, the department
of environmental quality shall provide technical assistance

in evaluating the air quality in that county, city or town.

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

aresolution
to the director requesting the imposition
‘of the requirements
for stage II vapor collection systems within their respective jurisdiction L. The director shall ‘adapt, by rule, compliance schedules for gasoline dispensing siteslocated within the jurisdiction requesting stage II vapor collection’ system requirements
nolater than twelve months after receipt of the resolution from such county board of supervisorsor governing board of a city or town. “All gasoline dispensing sites other than those that are exemptpursuant

to subsection

C. of this section shall be required
to comply with stage II vapor collection system rules ‘within twenty-four months aftei the rules have been ‘flIed withthe secretary of state.. ,.‘....V

V

,M. 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 such requirements
by adoptinga resolution
to remove the imposition
of such requirements within their respective jurisdiction unless the county, city r town is in an ozone nonattainment area that has since been designated
as, moderate by the environmental protection agency under

§ 107(d) of the cleanair act. Upon receipt of the resólütlón, the director shall consult with the director of the department

of environmental quality to verify that
a county, city or town is outside of anozone nonattainment’ area designated
as’ moderate ‘by The environmental protection agencyunder

§ 107(d) of the clean air act. ‘After consultation with the department
of environmental 64

‘.‘ STATE’ OVRMEN’ quality, the director sha] collection systems within Added by Laws 1992,ih. ‘2 ,•C299,j,,61, “Sec. 61 Rulemaking

fo lection systems “The director ofthe depari measures,
in consultation wit environmental quality, shall quired under title 41. chapter Revised Statutes, by euaergi forth in title 41, chapter 10, A utes, no later than Novenibc rectors In consultation with ani of the attorney general, shall rules In effect until such time are certified by the attorney

g the secretary of state.” For cdnditional enactment 1929,.an4’oceorrence. § 414133.,. Compliancf NOtwithstanding

§ 41-21 1. Gasoline dispensing moderate by the environrnei geographical area as provid the certification
of rules ado and stage II systems that department rules. 2.. All gasoliuie dispensir moderate by the environmer geographical area as provid tank replacement and that aj or after the effective date

o effective date of the rules
a condition of the permit.. Added by Laws 1992, Oh. 299, So in original. Should have 2 Section 49-471 or § 49—Mi For conditional enactment

I 1992, Cli. 299, and occurrence

ol I

Iith the department

of rule standards for the 5ns. The department

of oval fees. In establishing otherstates to assure department does not other applirable statutes, Landsafety matters. on C Qf thissection Iaafter overnben-15, than one million two ensing gasoline starting 1994. designated
as moderate air act may require gallons per month or usiness marketer
of maintain stage II vapor a county, city or town tion systems -within provide technical town shall submit

a for stage II vapor soline dispensing sites in requirements

no ard of supervisors than those that are comply with stage II 1 ave been filed with ówn that adopts the irements by adopting pective jurisdiction t has since been 107(d) of the clean the director of the is outside of an protection agency nit of environmental STATE GOVERNMENT STATE GOVERNMENT

,41—2133 Historical and Statutory Notes I or stage II .COyry ality, the director shall revise the rules to repeal the requirements
for stage II vapor e transport vehicle, or cotJon systems within that jurisdiction

as soon as practicable. val from the department. Added by Laws 1992, Ch. 299,

§ 6.-dandprovidédbythe.- •W5 -“t .noft “See. 61 Rulemalung for stage II vamtio1

, J,aw* 1993, 2nd S 8, Ch 3, § 11, provides fuel prohibitJ
“The dfrector of the department
of weights andec. 11. Transfer of monies; air quality-measures,
in consultation with the department
of

, •

. tel uali”n Notwithstanding
the provisions
of § 41-2068,‘“ 41-2092 and 41-2132 Arizona Revised Statutes,

u b quired under title 41, chapter 15, article 7, Arizona $300,000 of the vtpor recovery plan review an Revised Statutes, by emergency procedures set approval fees collected
in fiscal year 1993-1994forth in title 41, chapter 10, Arizona Revised Stat- pursuant
to § 41-2182, Arizona Revised Statutes,I utes, no later than November

1, 1992. The dl- shall be transmitted

to the state treasurer for rector, in consultation with and with the assistance deposit in the air quality fund.
11 less than of the attorney general, shall maintain emergency $300,000 of fees are collected, the balance shall berules in effect until such time that permanent rules transferred

to the state treasurer for deposit In the are certified by the attorney general and mui with air quality fund by the department
of weights and th secrct
of state.” measures from fees collected for licensing of stage II vapor recovery equipment pursuant

to- For conditional enactment provision of Laws

§ 41-2092, subsection
A, paragraph

3, Arizona Re1992, Ch. 299, and occurresee
of the condition, see vised Statutes.”

.1 : 1 § 41—2133.-Compliance schedules-- Notwithstanding

§ 41—2132, subsection

I or L relating to schedules
of compliance: 1. Gasoline dispensing facilities located in an ozone nonattainment area designated

asmoderate by the environmental protection agency under

§ 107(d) of the déañ air act or other geographical area as provided
in § 41—2132, subsection

J, for which construction began afterthe certification
of rules adopted pursuant
to § 41-2132 shall be consbucted

to include stage

I and stage II systems that meet the minimum stañdárds set forth in this chapter and department rules.- 2.. All gasoline dispensing sites located
in an ozone nonattainxnent area designated

asmoderate by the environmental protection ageuiy under 107(d) of the clean air•act or other geographical area as provided
in § 4121321 subsection

J that begin underground storagetank replacement and that apply for a permit pursuant
to title 49 chapter
3, article

3 or52 onor after the effective date of this article shall be in compliance within six months after theeffective date of the rtilës adopted pursuant
to § 41-2182. Complinnce with this article
is acondition of the permit. Added by Laws 1992, Cli. 299,

§ 6. ‘So in original. Should have included

a comma to read,

‘ 41—2132, subsection .1”.2 Section 49—471 or § 49—541 et seq. Historical and Statutory Notes For conditional enactment provision
of Laws Historical and Statutory Notes following 1992, Ch. 299, and occurrence
of the condition, see

§ 49—401.01. 65 II I