UNITED STATES OF AMERICA )

)SS.

STATE OF ARIZONA )

I, KEN BENNETT, SECRETARY OF STATE, DO HEREBY CERTIFY THAT THE

ATTACHED IS A COMPLETE, TRUE, AND CORRECT COPY OF 20 A.A.C. 2FROM ARIZONA ADMiNISTRATIVE CODE SUPPLEMENT 04-2.

IN WITNESS WHEREOF, I have

hereunto set my hand and affixed the

Great Seal ofthe State of Arizona.

Done this 11th day of March, 2011.

KEN BENNETT

Secretary of State
p

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(Supp. 97

3). Editor’s Note: When recodWed (Supp. 95-1), not all ofthe former rule citations were revised to reference the new Title and Chapter. Citations referencing the former title (A.A.C. Title 4, Chapter 31) have been corrected to 20 A.A.C. 2 throughout these rules. For specfIc revisions, refer to the Section historical notes (Supp. 97-2).

20 A.A.C. 2, consisting ofR20-2-10i through R20-2-i17, R20-2-201 through R20-2-205, R20-3-301 through R20-3-313, R20-2-401 through R20-2-412, R20-2-501 through R20-2-505, R20-2-601 through R20-2-604, R20-2-701 through R20-2-721, R20-2-801 through R20- 2-812, and R20-2-901 through R20-2-909, recodWedfrom 4A.A.C. 31, consisting ofR4-31-10i through R4-31-117, R4-31-201 through R4- 31-205, R4-31-30i through R4-31-313, R4-31-401 through R4-31-412, R4-31-501 through R4-31-505, R4-31-601 through R4-31-604, R4- 31-701 through R4-31-721, R4-31-801 through R4-3i-812, and R4-31-901 through R4-31-909 pursuant to Ri-i-i02 (Supp. 95-1).

Measures

Laws 1987, Ch. 314, § 3, changed the headingfrom State Administration of Weights and Measures to the Department of Weights and effective August18, 1987.

Laws 1983, Ch. 98, 199, changed the headingfrom State Weights and Measures Division to State Administration ofWeights and Mea sures; 202, transferred authorityfor administration to the Director ofAdministration effective July 27, 1983.

Article I consisting ofSections R4-31-10I through R4-3i-113, Article 2 consisting ofSections R4-31-201 through R4-31-205, Article 3

Sections

consisting

R4-31-501

ofSections R4-31-30i through R4-3i-3i3, Article 4 consisting ofSections R4-31-401 through R4-3i-4i2, ArticleS consisting of through R4-31-505, Article 6 consisting ofSections R4-31-60i through R4-3i-604 adopted effective July 27, 1983.

R4-31-412,

Former Sections R4-31-l01 through R4-31-113, R4-31-201 through R4-31-205, R4-31-301 through R4-31-313, R4-31-401 through R4-31-501 through R4-31-505, R4-31-601 through R4-31-604 adopted again with conforming changes. R20-2-l01 through R20-2-113, R20-2-201 through R20-2-205, R20-2-301 through R20-2-3i3, R20-2-401 through R20-2-412, R20-2-501 through R20-2-505, R20-2-601 through .R20-2-604 recodfledfrom R4-31-101 through R4-31-ii3, R4-31-201 through R4-31-205. R4-31-301 through R4-31- 313, R4-31-401 through R4-3i-412, R4-31-501 through R4-31-505, R4-3i-601 through R4-31-604 (Supp. 95-I).

ARTICLE 1. ADMINISTRATION AND PROCEDURES ARTICLE 3. PACKAGING, LABELING, AND METHOD OF

Section SALE

R20-2- 101. Defmitions Section R20-2-102. Metrology Laboratory Testing and Calibration Fees R20-2-301. Repealed R20-2-103. Licensing and Fees R20-2-302. Handbook 130 and Handbook 133 R20-2-104. Administrative Enforcement Action R20-2-303. Repealed R20-2- 105. Repealed R20-2-304. Repealed R20-2-106. Repealed R20-2-305. Repealed R20-2-107. Repealed R20-2-306. Repealed R20-2-108. Time-frames for Licenses, Renewals, and Authori- R20-2-307. Repealed ties to Construct R20-2-308. Repealed R20-2-109. Administrative Hearing Procedures R20-2-309. Repealed R20-2-l 10. Motion for Rehearing or Review R20-2-3 10. Repealed R20-2-l 11. Repealed R20-2-3 ii. Repealed R20-2- 112. Repealed R20-2-3 12. Repealed R20-2- 113. Renumbered R20-2-3 13. Repealed R20-2-i 14. Repealed ARTICLE 4. PRICE VERIFICATION AND PRICE

R20-2-l 15. R:numbered POSTING

R20-2-

R20-2-l 16. Renumbered Article 4, consisting ofSections R20-2-401 through R20-2-412 117. Renumbered repealed effective October 8, 1998 (Supp. 98-4). Table 1. Time-frames

Section

ARTICLE 2. COMMERCIAL DEVICES R20-2-40l. Repealed

Section R20-2-402. Price-posting Inspection Procedure and Violation • . R20-2-20 1. Licensing Process Exceptions

R20-2-202. Repealed R20-2-403. Repealed

R20-2-203. Approval Installation R20-2-404. Repealed and Sale of Devices • • R20-2-204. Livestock and Vehicle Scale . R20-2-405. Repealed Installation

R20-2-205. Taxi Cab License Display R20-2-406. Repealed R20-2-407. Repealed

June 30, 2004 Page 1 Supp. 04-2
ciplinary Action

Scales arid Vehicle Weighing

Weight Certificates

Seal of Authority

Prohibited Acts

ARTICLE 6. REGISTERED SERVICE AGENCIES AND

REPRESENTATWES

Section

R20-2-601. Qualifications; License and Renewal Application Process

R20-2-602. Duties

R20-2-603. Grounds for Denying License or Renewal; Disci

plinary Action; and Certification of Standards and

Testing Equipment R20-2-604. Prohibited Acts

R20-2-605. Material Incorporated by Reference

ARTICLE 7. MOTOR FUELS AND PETROLEUM

PRODUCTS

R20-2-204 and R20-2-205 and R2O-2-701, R20-2-703 through R20-2-716 and R20-2-718 through R20-2-721 recodUledfrom R4-

31-204 and R4-31-205 and R4-31-701, R4-31-703 through R4-31- 716, and R4-31-718 through R4-31-721 (Supp. 95-1).

Sections R4-31-204 and R4-31-205 renumbered without

change as Sections R4-31-701, R4-31-703 through R4-31-716, and R4-31-718 through R4-31-721 (Supp. 89-1).

Section

R20-2-701. Definitions

R20-2-702. Material Incorporated by Reference R20-2-703. Volumetric Inspection of Motor Fuels and Motor

Fuel Dispensers

R20-2-704. Price and Grade Posting on External Signs R20-2-705. Price, Octane, and Lead Substitute Notification on

Dispensers

R20-2-706. Unattended Retail Dispensers P20-2-707. Product Transfer Documentation and Record Reten

tion for Motor Fuel other than Arizona CBG and

AZRBOB

Oxygenated Fuel Blends

Retail Oxygenated Fuel Labeling

Blending Requirements

Alcohol-oxygenated Gasoline Storage Tank

Requirements

Water in Service Station Motor Fuel Storage Tanks

Motor Fuel Storage Tank Labeling

Requirements for Gasoline Products Outside theCBG-covered Area

R20-2-7 15. Motor Fuel Quality Testing Methods and Require

ments

Sampling and Access to Records

Hold Open Latch ExceptionRenumbered

R20-2-71 6.

P20-2-717.

R20-2-71 8.

R20-2-73 1. Reserved

P20-2-732. Reserved

R20-2-733. Reserved

R20-2-734. ReservedP20-2-735. Reserved

R20-2-736. Reserved

P20-2-737. Reserved

R20-2-73 8. Reserved

P20-2-739. ReservedP20-2-740. Reserved

R20-2-74l. Reserved

R20-2-742. Reserved

P20-2-743. ReservedR20-2-744. Reserved

P20-2-745. Reserved

P20-2-746. Reserved

P20-2-747. Reserved

R20-2-748. Reserved

P20-2-749. Reserved

P20-2-750. Registration Relating to Arizona CBG or AZRBOBP20-2-751. Arizona CBG Requirements

P20-2-751.01. Repealed

P20-2-752. General Requirements for Registered Suppliers P20-2-75 3. General Requirements for Pipelines and Third-party Terminals

Downstream Blending Exceptions for Transmix

Additional Requirements for AZRBOB and Down

stream Oxygenate Blending

Downstream Blending of Arizona CBG with Non

oxygenate BlendstocksProduct Transfer Documentation; Records Retention

Adoption of Fuel Certification Models

Testing Methodologies

Compliance Surveys

Liability for Noncompliant Arizona CBG or

AZRBOB

Penalties

Type 1 Gasoline Standards

Type 2 Gasoline Standards

Repealed

ARTICLE 8. REPEALED

Article 8, consisting of Sections R20-2-801 through R20-2- 812, repealed effective October 8, 1998 (Supp. 98-4).

ARTICLE 9. GASOLINE VAPOR CONTROL

R20-2-901 through R20-2-910 recodfied from R4-31-901

through R4-31-910 (Supp. 95-1).

Article 9, consisting of Sections R4-31-901 through R4-31- 910, adopted permanently effective August 31, 1993 (Supp. 93-3).

Article 9, consisting of Sections R4-3I-901 through R4-31- 909, adopted again by emergency action effective June 1. 1993,

pursuant to A.R.S.

f 41-1026 (Supp. 93-2).

P20-2-504.

R20-2-505.

R20-2-506.

R20-2-507.

P20-2-754.

P20-2-755.

P20-2-756.

R20-2-757.

P20-2-758.

P20-2-759.

P20-2-760.

P20-2-761.

R20-2-762.

Table 1.Table 2.

Table 3.

P20-2-708.

R20-2-709.

P20-2-710.

P20-2-711.P20-2-712.

P20-2-713.

P.20-2-714.

Supp. 04-2 Page 2 June 30, 2004
Application Requirements and Process for Authority

to Construct Plan Approval

Initial Inspection and Testing

Fees

Operation

Training and Public Education

Recordkeeping and Reporting

Annual Inspection and Testing

Compliance Inspections

Enforcement

ARTICLE I. ADMINISTRATION AND PROCEDURES

R20-2-IOL Defmitions

The definitions in A.R.S.

§ 41-2051, 41-2065, 41-2085, 41-2121, and 41-2131 and the following definitions apply to this Chapter: “ADEQ” means the Arizona Department of Environmen tal Quality.

2. “Administrative order” means a corrective action notice

that the Department issues for a violation of A.R.S. Title

41, Chapter 15, or this Chapter, that orders a person to:

a. Remove from use or sale, or dispose of, a commer

cial device, commodity, or liquid fuel;

b. Stop selling a commodity or liquid fuel until the per

son provides documentation to the Department that

the weight, measure, fuel quality, or price posting complies with the requirements of A.R.S. Title 41,Chapter 15, and this Chapter;

c. Stop using a commercial device, commodity, liquid fuel, vapor recovery system, or vapor recovery sys

tem component, until the person provides documen

tation to the Department that the weight, measure,

fuel, vapor recovery system, or component complies with the requirements of A.R.S. Title 41, Chapter 15, and this Chapter,

d. Stop performing weighmaster, deputy weighniaster,

registered service agency, or registered service rep resentative licensed duties until the person provides documentation to the Department that the person is

complying with the requirements of A.R.S. Title 41,Chapter 15, and this Chapter;

e. Maintain labeling, policies, and cash register indica

tor displays according to A.R.S. Title 41, Chapter

15, and this Chapter;

f. Stop constructing or modifying a vapor recovery

system until the person complies with A.R.S. Title

41, Chapter 15, and this Chapter;

g. Excavate a vapor recovery site according to R20-2-

104(L);

h. Comply with scheduling a test according to R20-2-

104(L); or

i. Retake a competency examination under A.R.S. § 41-2094.

3. “Application” means, for purposes of R20-2-l08, forms

designated as applications and all documents and addi

p

o

eans the point when a

gasoline dispensing site is placed into or returned intoservice following installation or modification of an

approved vapor recovery system.

9. “Construction commenced” means the point in time when construction of a gasoline dispensing site begins:

a. At a location where there was not one previously; b. To replace all gasoline storage tanks; orc. To replace, repair, or modify at least 75% of the

facility’s gasoline dispensing equipment. 10. “EPA” means the United States Environmental Protec

tion Agency.

11. “Gasoline vapors” means volatile organic compounds in

a gaseous state.

12. “Handbook 44” means the United States Department of Commerce, Technology Administration, National Insti

tute of Standards and Technology (NIST) Handbook 44,

Specffications, Tolerances, and Other Technical Require

mentsfor Weighing and MeasuringDevices, Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-0001 (2003 edition), incorporated by reference and on file with the Depart

ment. This incorporation by reference contains no future

editions or amendments.

13. “Handbook 112” means the United States Department of Commerce, Technology Administration, National Insti

tute of Standards and Technology (NIST) Handbook 112,

Examination Procedure Outlinesfor Commercial Weigh ing and MeasuringDevices, Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Wash

ington, D.C. 20402-0001 (2002 edition), incorporated by reference and on file with the Department. This incorpo ration by reference contains no future editions or amend

ments.

14. “Handbook 130” means the United States Department of Commerce, Technology Administration, National Insti

tute of Standards and Technology (NIST) Handbook 130,

Uniform Laws and Regulations, Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-0001 (2003 edition), incorpo rated by reference and on file with the Department. This incorporation by reference contains no future editions or

amendments.

15. “Handbook 133” means the United States Department of Commerce, Technology Administration, National Insti

tute of Standards and Technology (NIST) Handbook 133,

Checking The Net Contents ofPackaged Goods, Govern

ment Printing Office, Superintendent ofDocuments, Mail

Stop SSOP, Washington, D.C. 20402-0001 (January 2003 edition), incorporated by reference and on file with

the Department. This incorporation by reference contains

no future editions and amendments.

16. “NCWM” means the National Conference on Weights and Measures.

R.20-2-904.

R20-2-905.

R20-2-906.

R20-2-907.R20-2-908.

R20-2-909.

R20-2-9 10.

R20-2-91 1.

R20-2-912.

June 30, 2004 Page 3 Supp. 04-2
21. “NIST” means the National Institute of Standards and

Technology.

22. “Operator” means a person in control of, or having responsibility for, the daily operation of a gasoline dis pensing site.

23. “Out-of-service tag” means a red rejection tag that signi fies that a commercial device does not meet the require

ments of A.R.S. Title 41, Chapter 15, Handbook 44, or

this Chapter.

24. “Person” as defined in AR.S. §41-2051, means an owner

or operator of a commercial device or vapor recovery sys

tem, retail seller, wholesaler, registered supplier, pipeline distributor, packer, manufacturer, licensee, transporter, or consignee.

25. “Placed-in-service” means the certification by a regis tered service agency or representative that a commercial

device may be used, unless the Department orders other

wise.

26. “Placed-In-Service Report” means the form that a regis tered service representative completes and submits to the

Department after placing a commercial device in service.

27. “Product transfer document” means the bill of lading, loading ticket, manifest, delivery receipt, invoice, or

other customarily used documentation to denote delivery information for motor fuel.

28. “Retail” means the sale of a commodity to a consumer for

profit by someone in the business ofselling the commod

ity.

29. “Seal of authority” means a stamp or press ofthe Depart ment’s official mark, issued to a public weighmaster, cer tifying the weighmaster’s authority to issue weight certificates.

30. “Seizure” means taking into physical possession, or oth erwise securing for evidence, a commodity, liquid fuel, weight, measure, commercial device, or component of a

device by the Department

31. “Stop-sale, stop-use tag” means a blue tag or blue tape that signifies that a commercial device, including a vapor

recovery system or vapor recovery component, or a com modity or liquid fuel, does not meet the requirements of A.R.S. Title 41, Chapter 15, Handbook 44, Handbook

130, Handbook 133, CARB Executive Orders, or this

Chapter.

32. “Underground storage tank” means a tank as described in

A.R.S. § 49-1001(18). 33. “Unit” means a quantity adopted as a standard of mea

surement.

34. “Warning tag” means a yellow tag that signifies a com mercial device, vapor recovery system, or vapor recovery

component does not comply with A.R.S. Title 41, Chap

ter 15, Handbook 44, CARB Executive Orders, or this

Chapter.

35. “Weight certificate” means a document, issued by a pub lic weighmaster in a form approved by the Department,

without change effective January 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Emergency amendments adopted again without change effective April 22, 1992, pursuant

to A.R.S. § 41-1 026, valid for only 90 days (Supp. 92-2). Adopted effective June 22, 1992 (Supp. 92-2). R20-2-l01

recodified from R4-31 -101 (Supp. 95-1). Citations refer

encing the former Title (A.A.C. Title 4, Chapter 31, recodified) corrected to 20 A.A.C. 2 (Supp. 97-2). Amended effective October 8, 1998 (Supp. 984). Amended by final rulemaking at 5 A.A.R. 4312, effective

October 18, 1999 (Supp. 994). Amended by final rule maldng at 10 A.A.R. 1690, effective June 5, 2004 (Supp.

04-2).

R20-2-102. Metrology Laboratory Testing and Calibration Fees

A. The Department’s Metrology Laboratory charges the follow ing fees for services:

1. $24.00 for the first hour, or fraction of an hour; and

2. $40.00 an hour, or fraction of an hour, after the first hour.

B. In addition to the charges in subsection (A), the Department shall charge for travel and per diem at the rates establishe’l by A.R.S.

§ 38-623(D) and 38-624(C) for tests or calibrations conducted outside the Metrology Laboratory.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). Amended by adding a new subsection (A) and renumbering accord ingly effective February 3, 1989 (Supp. 89-I). Amended

subsection (A) effective May 3, 1989 (Supp. 89-2). Amended and subsection (D)renumbered to R4-3 1-117

effective June 14, 1990 (Supp. 90-2). Amended effective

July 3, 1991 (Supp. 9 1-3). Amended effective April 22, 1992 (Supp. 92-2). R20-2-102 recodified from R4-31-102 (Supp. 95-I). Section repealed; new Section R20-2-

102 renumbered from R20-2-l 05 and amended effective

October 8, 1998 (Supp. 984). Amended by final rule making at 10 A.A.R. 1690, effective June 5, 2004 (Supp.

04-2).

R20-2-103. Licensing and Fees

A.

A license is effective on the first day of the month following the date that the license application is filed with the Depart

ment. If an application is filed on the first of a month and is

complete and accurate, the license is effective on the first day of that month.

B.

A payment is delinquent if the Department does not receive the payment by the due date. The Department shall not processa license or renewal application for which payment is delin

quent.

C. The Department shall prorate a license renewal fee if the lic

ensee’s first renewal is fewer than 12 months from the date

that license is issued.

D. The Department shall issue a full refund to a licensee for a

license renewal fee only ifthe licensee provides written notice

Supp. 04-2 Page 4 June 30, 2004
R20-2-104. Administrative Enforcement Action

A. The Department shall take progressive enforcement action for

a violation of A.R.S. Title 41, Chapter 15, CARB Executive Orders, Handbook 44, Handbook 130, Handbook 133, or this Chapter.

B. The Department shall provide a copy of its inspection report to the person who owns or operates a location that the Depart ment inspects. The report shall include the inspection results, violations, and enforcement action.C. The person who owns or operates a location inspected by the Department may request a hearing under R20-2-109 to dispute the inspection results, violation, or enforcement action.

D. The Department shall suspend, revoke, or refuse to renew any license if the licensee does not comply with an enforcement action imposed under this Section.

E.

A maximum civil penalty may be doubled as stated in A.R.S. § 41-2115(B).

F. Commercial device.

1. The Department shall place out of service an unlicensed

commercial device that it determines has been in use for

more than 30 days.

2. The Department shall confiscate a commercial device

when a person violates an administrative order related to

that commercial device, or removes a warning tag, out- of-service tag, or stop-sale, stop-use tag issued to that commercial device without Department authority. 3. The Department shall issue an out-of-service tag or a stop-sale, stop-use tag if a commercial device is not in

compliance with the requirements in Handbook 44 and

the lack of compliance creates a situation favorable to the

person who owns or operates the commercial device.

a.

A person shall not use a commercial device that has

an out-of-service tag until the person repairs the commercial device.

b.

A person shall not sell or use a commercial device

that has a stop-sale, stop-use tag until the commer cial device meets the requirements of A.R.S. Title 41, Chapter 15, Handbook 44, and this Chapter. 4. The Department shall issue a warning tag when a com mercial device is not in compliance with the requirements in Handbook 44 and the lack of compliance creates a situ ation favorable to the public. The Department shall issue

an out-of-service tag if the commercial device is not

repaired by the deadline on the warning tag.

A person shall not use a commercial device after the period speci fied on the warning tag for repair unless the commercial

device complies with A.R.S. Title 41, Chapter 15, Hand book 44, and this Chapter.

5. The Department shall issue an out-of-service tag if a commercial device does not have a non-tampering seal affixed.

6. The Department shall issue an out-of-service tag if a Department inspector cannot conduct an inspection of a commercial device because of a potential safety risk that

device does not obtain a compliant manufacturer

s plate by the 30-day deadline imposed on the warning tag. 9. The Department shall issue a warning tag to a person who did not construct a large-scale approach according to Handbook 44. The Department shall issue a stop-sale, stop-use tag if the large-scale approach is not made com pliant by the deadline imposed on the warning tag. 10. In addition to any enforcement action under subsections

(F)(1) through (F)(9):

a. If the Department finds during an inspection that a commercial device does not comply with the requirements of A.R.S. Title 41, Chapter 15, or this Chapter and the lack of compliance favors the owner

or operator ofthe commercial device:

I. The Department shall impose a $300 civil pen alty on the person who owns or operates the commercial device; and

ii. The Department shall impose a $500 civil pen alty on the person who owns or operates the commercial device for each reinspection until the commercial device is in compliance. b. If the Department finds during an inspection that a

person who weighs a product on a commercial device violates Handbook 44 or does not post rates according to Handbook 44 or this Chapter: I. The Department shall issue an administrative

order to the person at the conclusion of the

inspection and impose a $300 civil penalty; and ii. The Department shall issue an administrative

order to the person and impose a $500 civil penalty at each reinspection until the person complies with Handbook 44 and this Chapter. G. Public and deputy weighmaster.

The Department shall issue an administrative order if a

public weighrnaster’s:

a. Weigh tickets are not in numbered sequence or are missing,

b. Seal or press is not readable, or

c. Records are not maintained according to R20-2-505. 2. The Department shall issue an administrative order andimpose a $500 civil penalty on a public weighmaster if:

a. The public weighmaster’s weigh tickets contain inaccurate information,

b. The public weighniaster violates an administrative

order, or

c. The public weighmaster misuses a seal or press or has an unauthorized seal or press. 3. The Department shall confiscate a seal or press if a public weighmaster violates an administrative order issued to

the public weighrnaster.

4. The Department shall suspend, revoke, or refuse to renew

a license if a public weighrnaster does not comply with an enforcement action under this Section.

June 30, 2004 PageS Supp. 04-2
p

g

p

an unlicensed person to perform deputy weighmas

tar duties; and

c. Confiscate the public weighniaster’s records, equip

ment, and devices ifthe public weighmaster permits

an unlicensed person to perform deputy weighmas

tar duties more than twice.

H. Package.

The Department shall issue an administrative order to an

owner or an employee of the owner where a package inspection is held if a package is not in compliance with a requirement in Handbook 130 or Handbook 133. The per

son to whom the administrative order is issued shall cor

rect the package violation by:

a. Returning the package to the packer or manufac

turer,

b. Labeling the package to reflect its correct quantity,

c. Placing a notice on the package that states the viola

tion and pricing the package to reflect its correct

quantity, or

d. Repackaging the commodity so the package con tains the quantity represented.

2. In addition to an administrative order, the Department shall impose a $500 civil penalty per lot on a person who violates a requirement in Handbook 130 or Handbook

133.

Price verification.

The initial inspection of a retail location for price verifi cation is for educational purposes and an enforcement action will not be imposed for a violation identified dur

ing the initial inspection.

2. The Department shall issue a stop-sale, stop-use tag to a

person who fails a price verification reinspection if the violation cannot be corrected within 30 minutes of the

Department completing the reinspection.

a. The Department shall impose a $100 civil penalty

per violation on a person who fails a reinspection if the Department finds more than one item at morethan its posted price.

b. The Department shall impose a $200 civil penalty

per violation on a person who fails a second rein

spection. The Department shall increase the per vio lation civil penalty imposed by $100 for each subsequent reinspection until the violation is cor

rected.

3. If the Department receives and substantiates a complaint about a person against whom the Department took an administrative enforcement action under subsection (I)(2) within the 60 days before thç date of the complaint, the Department shall issue a stop-sale, stop-use tag and impose a civil penalty that is $100 more than the civil

penalty that the Department previously imposed against this person.

4. The Department shall issue a warning to a person who does not have a written price-error policy. The Depart

will not be imposed for a violation identified during the initial inspection. 2. The Department shall issue a stop-sale, stop-use tag to a person who fails a price posting reinspection ifthe viola tion cannot be correlted within 30 minutes ofthe Depart ment completing the reinspection. 3. The Department shall impose a $50 civil penalty for each inspected lot not priced if a person fails a reinspection with a score ofless than 96 percent. 4. The Department shall impose a $100 civil penalty for each inspected lot not priced if a person fails a second reinspection. 5. Ifthe Department receives and substantiates a complaint about a person against whom the Department took an administrative enforcement action under subsection (J)(2) within the 60 days before the date of the complaint, the Department shall issue a stop-sale, stop-use tag and impose a civil penalty that is $100 more than the civil penalty that the Department previously imposed against this person. K. Fuel quality and labeling. The Department shall issue a warning tag to a person whose fuel dispenser labeling violates A.R.S. Title 41, Chapter 15, or this Chapter. The Department shall issue an out-of-service tag to the person if the person does not correct the fuel dispenser labeling violation within the time specified on the warning tag. 2. The Department shall issue an administrative order to a person whose fuel storage tank labeling or external street signage violates A.R.S. Title 41, Chapter 15, or this Chapter. The Department shall impose a $300 civil pen alty ifthe person does not correct the labeling or signage violation within the time specified in the administrative order. 3. The Department shall issue an administrative order and impose a $500 per octane level civil penalty to a parson who violates a fuel-quality requirement under A.R.S. Title 41, Chapter 15, or this Chapter. The person shall correct the violation by: a. Removing non-compliant motor fuel from the stor age tank and replacing it with compliant motor fuel, b. Selling the motor fuel at the correct octane level, c. Adding sufficient compliant motor fuel to the stor age tank to bring the motor fuel in the storage tank into compliance, d. Removing all water from the storage tank, or e. Removing the non-compliant motor fuel to another area within the state if the motor fuel complies with specifications ofthat area. 4. The Department shall issue an administrative order to a person who does not provide requested product transfer documentation within 24 hours of the Department’s request. The Department shall impose a $300 civil pen alty on a person who provides the requested documenta tion between 24 and 72 hours. The Department shall

Supp. 04-2 Page 6 June 30, 2004
p

ery site unless:

i. The vapor recovery system and its components comply with A.R.S. Title 41, Chapter 15, and

this Chapter; and

ii. The vapor recovery system passes the required

vapor recovery tests according to A.R.S. Title

41, Chapter 15, and this Chapter. 2. The Department shall issue an administrative order

requiring a person to excavate a vapor recovery site ifthe

person covers a vapor recovery component before a

Department pre-burial inspection and shall impose a $500 civil penalty if the excavated system does not pass required vapor recovery tests according to A.R.S. Title 41, Chapter 15, and this Chapter.

3. The Department shall issue an administrative order if a

person fails to schedule an initial test date within 90 days of opening a vapor recovery site or an annual test date

within the person’s designated test month for that year. The Department shall issue a stop-sale, stop-use tag iftheperson does not comply with the administrative order.

4. The Department shall impose a $100 civil penalty on a

pemon who does not have an authority to construct plan approval available for inspection at the construction site

during normal business hours.

5. The Department shall issue a warning tag to a person whose vapor recovery system labeling does not comply with the authority to construct plan approval. The Depart

ment shall issue a stop-sale, stop-use tag and impose a $500 civil penalty on a person who does not correct alabeling violation within the time specified on a warning tag.

6. The Department shall issue a stop-sale, stop-use tag to a

person whose vapor recovery system fails a test under

R20-2-905 or R20-2-910. Ifthe test failure is isolated to a

system component, the Department’s stop-sale, stop-use

tag shall pertain to that component so the rest of the sys tem may operate.

7. The Department shall impose a $500 civil penalty and issue another stop-sale, stop-use tag to a person who vio lates a stop-sale, stop-use tag. The Department shall impose a $500 civil penalty and revoke, suspend, or refuse to renew a commercial device license if a person

removes a stop-sale, stop-use tag without approval. M. Registered service agency and registered service representa tive.

If a registered service agency submits to the Department

an inaccurate or incomplete placed-in-service or test

report, the Department shall:

a. Return the inaccurate or incomplete placed-in-ser vice or test report to the agency for correction, and

b. Impose a $50 civil penalty on the agency each time the agency resubmits a placed-in-service or test

report without making all needed corrections.

sed person violates the administrative order, and

c. Deny a registered service agency license to the unli

censed person if the unlicensed person fails to com

ply with the enforcement action under this subsection.

4. The Department shall issue an administrative order to an

unlicensed person who performs the duties of a registered service representative. The Department shall impose a $300 civil penalty on the registered service agency for which the unlicensed individual works.

5. The Department shall issue an administrative order if a

registered service representative places a commercial device into service without Department authorization. The Department shall impose a $500 civil penalty on the registered service agency whose representative places a commercial device into service without Department authorization.

6. The Department shall impose a $500 civil penalty on a registered service agency whose registered service repre sentative uses a metrology standard or vapor recovery air- to-liquid (A/L) ratio testing equipment that is not certified according to this Chapter. The Department shall confis

cate a metrology standard or A/L ratio testing equipment if a registered service representative uses the uncertified standard or equipment after the registered service agency is penalized. The Department shall return the standard or equipment when it is properly certified.

7. The Department shall issue an administrative order to a

vapor recovery registered service agency or person who

owns a vapor recovery system that does not, according to A.R.S. Title 41, Chapter 15, and this Chapter:

a. Notify the Department of a test date and time,

b. Begin a test at the approved time,

c. Appear for a witnessed test,

d. Close a vapor recovery system for repairs ifthe sys

tem fails, or

e. Perform a test

8. The Department shall impose a $300 civil penalty on a

vapor recovery registered service agency that violates subsection (M)(7) twice in 12 months.

9. If a registered service agency’s registered service repre sentative does not attach a non-tampering seal on a com mercial device that is equipped for a seal, the Department shall:

a. Impose a $300.00 civil penalty on the registered ser vice agency for the first violation, and

b. Impose a $500 civil penalty on the registered service

agency for each subsequent violation by the regis tered service representative. 10. If a registered service representative determines that a

vapor recovery system or component is not in compliance with A.R.S. Title 41, Chapter 15, or this Chapter, the reg istered service representative shall:

a. Secure the non-compliant vapor recovery system or

component from use before the registered service

June 30, 2004 Page 7 Supp. 04-2
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subsection (M)(10)(b) or (M)(I0)(c), the Department shall:

a. Impose a $300 civil penalty on the registered service

representative;

b. Issue an administrative order, if the registered ser

vice representative is penalized under this subsec

tion three times in 12 months, requiring the registered service representative to take and pass the

licensing competency examination; and

c. Suspend or revoke the license of the registered ser

vice agency employing the registered service repre

sentative ifthe registered service representative does

not comply with an order issued under subsection

(M)(l l)(b).

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). Repealed effective May 31, 1991 (Supp. 91-2). R20-2-104 recodi

fied from R4-3l-104 (Supp. 95-1). New Section R20-2-

104 renumbered from R20-2-108 and amended effective

October 8, 1998 (Supp. 98-4). Amended by final rule making at 10 A.A.R. 1690, effective June 5,2004 (Supp.

04-2).

R20-2-105. Repealed

Historical Note

Former Section R4-3 1-103 adopted effective July 27,

1983 (Supp. 83-4). Section repealed, new Section renum

bered from Section R4.3l-1 14 effective May 31, 1991

(Supp. 9 1-2). Amended effective August 28, 1992 (Supp. 92-3). R20-2-l05 recodified from R4-31-105 (Supp. 95-

1). Section R20-2-105 renumbered to R20-2-102; new

Section R20-2-105 renumbered from R20-2-109 and

amended effective October 8, 1998 (Supp. 98-4). Section

repealed by final rulemaking at 10 A.A.R. 1690, effective

June 5, 2004 (Supp. 04-2).

R20-2-106. Repealed

Historical Note

Former Section R4-31-106 adopted effective July 27,

1983 (Supp. 83-4). Section repealed, new Section renum

bered from R4-3 1-115 effective May 31, 1991 (Supp. 91- 2). R20-2-l 06 recodified from R4-3 1-106 (Supp. 95-1). Section R20-2-106 renumbered to R20-2-103; new Sec

tion R20-2-106 renumbered from R20-2-1 10 and

amended effective October 8, 1998 (Supp. 98-4). Section

repealed by final rulemaking at 10 A.A.R. 1690, effective

June 5, 2004 (Supp. 04-2).

R20-2-l 07. Repealed

Historical Note

Former Section R4-3 1-107 adopted effective July 27,

1983 (Supp. 83-4). Section repealed, new Section renum

bered from R4-3 1-116 effective May31, 1991 (Supp. 91- 2). Amended by emergency action effective June 1, 1993,

(Supp. 98

4). Section repealed by final rulemaking at 10

A.A.R. 1690, effective June 5, 2004 (Supp. 04-2).

R20-2-108. Time-frames for Licenses, Renewals, and

Authorities to Construct

A. For each type of license, renewal, or authority issued by the Department, the overall time-frame described in A.R.S. § 41 1072(2) is set forth in Table 1.

B. For each type of license, renewal, or authority issued by the Department, the administrative completeness review time- frame described in A.R.S. § 41-1072(1) is set forth in Table I and begins on the date the Department receives an application. 1. If the application is not administratively complete, the Department shall send a deficiency notice to the appli

cant.

a. The deficiency notice shall state each deficiency and the information needed to complete the application. b. Within the time provided in Table I for response to

the deficiency notice, the applicant shall submit to

the Department the missing information specified in the deficiency notice. The time-frame for the

Department to finish the administrative complete

ness review is suspended from the date the Depart

ment mails the deficiency notice to the applicant until the date the Department receives the missing information.

c. Ifthe applicant does not submit the missing informa tion within the time to respond to the deficiency notice set forth in Table 1, the Department shall send

a written notice to the applicant informing the appli

cant that the application is deemed withdrawn. An

applicant who desires to reapply shall begin the application process anew.

2. If the application is administratively complete, the Department shall send a written notice of administrative

completeness to the applicant

C. For each type of license, renewal, or authority issued by the Department, the substantive review time-frame described in

A.R.S. § 41-1072(3) is set forth in Table 1 and begins on the date the Department sends written notice of administrativecompleteness to the applicant.

I. During the substantive review time-frame, the Depart

ment may make one comprehensive written request for additional information. The applicant shall submit the

additional information within the time provided in Table

I for response to a comprehensive written request for additional information. The time-frame for the Depart

ment to finish the substantive review is suspended from the date the Department mails the request until the

Department receives the information.

2. If the applicant does not submit the requested additional

infonnation within the time-frame in Table I, the Depart

ment shall issue a written notice informing the applicant that the application is deemed withdrawn. The applicantmay request in writing that the Department deny the application within 15 days of the date of the notice of

Supp. 04-2 Page 8 June 30, 2004
q

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application process.

4. If the applicant meets all of the substantive criteria

required by A.R.S. Title 41, Chapter 15, and this Chapter for a license, renewal, or authority the Department shall issue the license, renewal, or authority to the applicant. D. The time period for an applicant to respond to a deficiency notice or request for additional information shall commence

on the date ofpersonal service or the postmark date.

E. In computing any time period prescribed in this Section, the day of the act, event, or default shall not be included. The last

day of the period shall be included unless it is Saturday, Sun day, or a state holiday, in which event the period runs until the end ofthe next day that is not a Saturday, Sunday, or state hol iday. The computation shall include intermediate Saturdays, Sundays and holidays.

F. An applicant whose license, renewal, or authority is denied has

a right to a hearing, an opportunity for rehearing, and if the denial is upheld, judicial review pursuant to A.R.S. Title 41, Chapter 6, Articles 6 and 10, and A.R.S. Title 12, Chapter 7, Article 6.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective May 31, 1991

(Supp. 91-1). R20-2-108 recodifled from R4-3 1-108

(Supp. 95-1). R20-2-108 renumbered to R20-2-104; new

Section R20-2-108 adopted effective October 8, 1998

(Supp. 98-4).

R20-2-109. Administrative Hearing Procedures

A.R.S. Title 41, Chapter 6, Articles 6 and 10 apply to the Depart ment’s hearings.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective May31, 1991

(Supp. 91-1). Emergency amendments adopted effective

July 17, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 9 1-3). Emergency amendments

adopted again without change effective October 16, 1991,

pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency amendments adopted again without change effective January 9, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Emergency amendments adopted again without change effective April 22, 1992, pursuant

to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Amended effective June 22, 1992 (Supp. 92-2). R20-2-

109 recodifled from R4-3 1-109 (Supp. 95-1). Citation ref

erencing the former Title (A.A.C. Title 4, Chapter 31,

recodified) corrected to 20 A.A.C. 2 (Supp. 97-2). R20-2-

109 renumbered to R20-2-105; new Section adopted effec

tive October 8, 1998 (Supp. 98-4).

R20-2-l 10. Motion for Rehearing or Review

A. Except as provided in subsection (G), any party in a contested

case or appealable agency action before the Department who is

y 

ollowing reasons materially affecting the moving party’s rights or ability to receive a fair hearing:

1. Any irregularity in the hearing, order, or abuse of discre

tion by the administrative law judge or the Department. 2. Misconduct of the Department, the administrative law

judge, or the prevailing party.

3. Accident or surprise that could not have been prevented by ordinary prudence.

4. Newly discovered material evidence that could not have

been discovered with reasonable diligence and produced

at the original hearing.

5. Excessive or insufficient penalties.

6. Error in the admission or rejection of evidence or other

errors oflaw occun-ing at the hearing.

7. That the decision is not justified by the evidence or is

contrary to law.

D. The Department may affirm or modify its decision, or grant a rehearing or review. After giving the parties or their counsel notice and an opportunity to be heard, the Department may

grant a rehearing or review for a reason not stated in a party’s motion. An order granting a rehearing or review shall specif’ the grounds on which the rehearing or review is granted. The rehearing or review shall cover only those matters so specified. E. The Department, within the time for filing a motion for rehear ing or review under this rule, may order a rehearing or review for any of the reasons set forth in subsection (C), after giving the parties notice and an opportunity to be heard.

F. When a motion for rehearing or review is based upon affida vits, the moving party shall serve the affidavits with the

motion. An opposing party has 15 days from the date of ser vice to serve opposing affidavits. The Department may extend the period to respond up to 20 days for good cause, or by writ

ten stipulation of the parties. If the Department permits reply affidavits, the replying party has five days in which to serve them.

G. If the Department makes specific findings that the immediate effectiveness of a decision is necessary for the immediate pres ervation of the public peace, health, and safety and that a rehearing or review of the decision is impracticable, unneces

sary, or contrary to the public interest, the Department may issue the decision as a final decision without an opportunity for a rehearing or review. If a decision is issued as a final decision without an opportunity for rehearing or review, any appli cation for judicial review ofthe decision shall be made within

the thne limits permitted for applications forjudicial review of the Department’s final decision.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective May 31, 1991

(Supp. 91-1). Emergency amendments adopted effective July 17, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 9 1-3). Emergency amendments adopted again without change effective October 16, 1991,

pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency amendments adopted again

June 30, 2004 Page 9 Supp. 04-2
(

pp

)

R20-2-11 I. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective May 31, 1991

(Supp. 91-1). Section R4-31-1 11 repealed, new Section R4-3 1-111 adopted by emergency action effective July 17, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 9 1-3). Section R4-3 1-111 repealed again,

new Section R4-31-1 11 adopted again by emergency action without change effective October 16, 1991, pursu

ant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91- 4). Section R4-31-1 11 repealed again, new Section R4-

31-Ill adopted again by emergency action without

change effective January 9, 1992, pursuant to A.R.S. § 4 1-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Section R4-3 1-111 repealed again, new Section R4-3 1-Ill adopted again by emergency action without

change effective April 22, 1992, pursuant to A.R.S. § 41- 1026, valid for only 90 days (Supp. 92-2). Section R4-31-

ill repealed, new Section R4-31-1 11 adopted with changes effective June 22, 1992 (Supp. 92-2). R20-2-1 11

recodifled from R4-31-1 11 (Supp. 95-1). Section

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-1 12. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective May 31, 1991

(Supp. 91-1). Former Section R4-31-l 12 renumbered to

R4-31-l 13, new Section R4-31-1 12 adopted by emer

gency action effective July17, 1991, pursuantto A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Former Section R4-31-l 12 renumbered again toR4-31-1 13, new

Section R4-3 1-112 adopted again by emergency action without change effective October 16, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Former Section R4-3 1-112 renumbered again to R4-3 1-

113, new Section R4-31-l 12 adopted again without change effective January 9, 1992, pursuant to A.R.S. § 4 1-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Former Section R4-3 1-112 renumbered again to R4-31-l 13, new Section R4-31-l 12 adopted again by

emergency action without change effective April 22, 1992, pursuant to A.RS. § 41-1026, valid for only 90 days (Supp. 92-2). Fonner Section R4-3 1-112 renum

bered to R4-3 1-113, new Section R4-3 1-112 adopted effective June 22, 1992 (Supp. 92-2). R20-2- 112 recodi

fled from R4-3l-l 12 (Supp. 95-1). Section repealed effective October 8, 1998 (Supp. 98-4).

R20-2-1 13. Renumbered

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). Section

umbered again from R4

3 1

112 by emergency action without change effective January 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Section R4-31-1 13 renumbered

again to R4-31 -114, new Section R4-3 1-113 renumbered

again from R4-3 1-112 by emergency action without

change effective April 22, 1992, pursuant to A.R.S. § 41- 1026, valid for only 90 days (Supp. 92-2). Section R4-3 1-

113 renumbered to R4-3 1-114, new Section R4-3 1-113

renumbered from R4-31-1 12 effective June 22, 1992

(Supp. 92-2). R20-2-l 13 recodified from R4-3 1-113

(Supp. 95-1). Section P20-2-113 renumbered to R.20-2-

110 effective October 8, 1998 (Supp. 98-4).

R20-2-114. Repealed

Historical Note

Adopted effective April 10, 1984 (Supp. 84-2). Amended effective April 19, 1989 (Supp. 89-2). Renumbered to

Section R4-31-l05 effective May 31, 1991 (Supp. 91-2). Section R4-3 1-114 renumbered from R4-3 1-113 by

emergency action effective July 17, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Section R4-3 1-114 renumbered again from R4-3 1-113 by

emergency action without change effective October 16,

1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Section R4-3 1-114 renumbered again from R4-3 1-113 by emergency action without change effective January 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Section R4-31-1 14 renumbered again from R4-3 1-113 by

emergency action without change effective April22, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Section R4-3 1-114 renumbered from

R4-3 1-113 effective June 22, 1992 (Supp. 92-2). R20-2- 114 recodifled from R4-31-1 14 (Supp. 95-1). P20-2-114

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-1 15. Renumbered

Historical Note

Adopted effective April 10, 1984 (Supp. 84-2). Renum bered to R4-3 1-106 effective May31, 1991 (Supp. 9 1-2). P20-2-115 recodifled from R4-3 1-115 (Supp. 95-I).

R20-2-1 16. Renumbered

Historical Note

Adopted effective March 14, 1988 (Supp. 88-1). Renum bered to R4-3 1-107 effective May31, 1991 (Supp. 9 1-2). P20-2-116 recodified from R4-3 1-116 (Supp. 95-1).

R20-2-117. Renumbered

Historical Note

Renumbered from R4-3 1-102(D) and amended effective

June 14, 1990 (Supp. 90-2). Former Section R4-3 1-117

renumbered to R4-3 1-103 effective May31, 1991 (Supp. 91-2). P20-2-117 recodifled from R4-3l-1 17 (Supp. 95-1).

Supp. 04-2 Page 10 June 30, 2004
40 Agency/Representative

R20-2-601

Authority to Construct 10 20 30 20 40 R20-2-904

Historical Note

Table 1 adopted effective October 8, 1998 (Supp. 98-4).

ARTICLE 2. COMMERCIAL DEVICES

R20-2-201. Licensing Process

Before using a commercial device, a person or a contracted regis tered service representative shall apply for a license for the com

mercial device. The commercial device may be used without a license for up to 30 days after an application is filed with the Department. The application shall be on a form supplied by the Department that includes:

1. The applicant’s name, address, and telephone number, 2. The name, address, and telephone number of the location

where the commercial device will be operated; 3.

A description ofthe commercial device; and

4. The applicant’s signature.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-201

recodified from R4-3 1-201 (Supp. 95-1). Section

repealed; new Section adopted effective October 8, 1998

(Supp. 984). Subsection labeling corrected to conform to

Secretary of State format requirements (Supp. 0 1-1). Amended by final rulemaking at 10 A.A.R. 1690, effec

tive June 5, 2004 (Supp. 04-2).

R20-2-202. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 834). R20-2-202

recodifled from R4-3 1-202 (Supp. 95-1). R20-2-202

renumbered to R20-2-203; new Section R20-2-202

adopted effective October 8, 1998 (Supp. 98-4). Section repealed by fmal rulemaking at 10 A.A.R. 1690, effective

June 5, 2004 (Supp. 04-2).

R20-2-203. Approval, Installation, and Sale of DevicesA.

A commercial device installed or placed in use after January 1, 1975, shall be prototype-approved by NCWM or have a certificate of approval from the California Type Evaluation Pro

grant

1. If a commercial device has been continuously licensed

since January 1, 1975, the commercial device is exempt from NCWM or California Type Evaluation Program

prototype approval.

2. If a commercial device exempt under subsection (A)(1)

fails the specifications, tolerances, or other technical

requirements of Handbook 44 during a Department inspection, the Department shall revoke the commercial

device license and a person shall not use the device com

mercially.

B. The seller of a commercial device that is remanufactured for

the purpose of commercial sale shall mark the commercial

device as remanufactured.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-203

recodified from R4-3 1-203 (Supp. 95-I). Section R20-2-

203 renumbered to R20-2-204; new Section R20-2-203

renumbered from R20-2-202 and amended effective

October 8, 1998 (Supp. 98-4). Amended by final rule making at 10 A.A.R. 1690, effective June 5,2004 (Supp.

04-2).

R20-2-204. Livestock and Vehicle Scale Installation

A. Portable livestock and portable vehicle scales shall be

designed to be moveable from one location to another.

B. Portable scales and low-profile electronic scales shall be

accessible for maintenance.

C. Notwithstanding Handbook 44, vehicle and livestock scales

installed above ground shall have 2 feet minimum clearance

from the bottom of the lowest platform support girder to the ground.

D. Notwithstanding Handbook 44, vehicle and livestock scales,

installed with a pit, shall have 2 feet minimum clearance from

the bottom ofthe main girder that is lowest in platform support

to the pit floor.

Historical Note

Adopted effective July 27, 1983 (Supp. 834). Amended by adding subsections (C) through (J) effective April 10,

1984 (Supp. 84-2). Amended subsection (H) and added a

new subsection (K) effective April22, 1988 (Supp. 88-2). Former Section R4-3 1-204 renumbered without change

as Sections R4-31-701 and R4-31-703 through R4-31- 717 (Supp. 89-1). R20-2-204 recodifled from R4-31-204

(Supp. 95-1). R20-2-204 renumbered from R20-2-203

and amended effective October 8, 1998 (Supp. 98-4).

R20-2-205. Taxi Cab License Display

A taxicab device licensee shall post the device license on the out

side ofthe rear window ofthe taxicab.

Historical Note

Adopted effective July 27, 1983 (Supp. 834). Amended subsection (B) effective April 10, 1984 (Supp. 84-2). Amended effective April 22, 1988 (Supp. 88-2). Correc tion: Paragraph 10. in subsections (C) and (D) corrected

to read: “0. 50 percent by weight..” as certified effective July 27, 1983 (Supp.88-3). Former Section R4-3l-205

June 30, 2004 Page 11 Supp. 04-2
recodifled from R4.31-301 (Supp. 95-1). Section

repealed; new Section adopted effective October 8, 1998

(Supp. 98-4). Section repealed by final rulemaking at 10

A.A.R. 1690, effective June 5, 2004 (Supp. 04-2).

R20-2-302. Handbook 130 and Handbook 133

A.

A person shall comply with all packaging, labeling, andmethod of sale requirements in Handbook 130, except as oth

erwise stated in this Chapter.

A person shall ensure that pack

aged commodities kept, offered, exposed for sale, sold, or in

the process of delivery are weighed, measured, and inspected

using sampling and testing procedures designated in Hand

book 133, except as otherwise stated in this Chapter.

B.

A retail seller shall ensure that a package that is offered for

sale in a variable weight, measurement, or count, and that is

weighed, measured, or counted at the time of sale, includes a

label on the package identifying the net weight, measurement,

or count, item description, and packer’s name ifthe packer is

not the retailer. Pre-packaged produce does not require a label

on each package ifthe retailer

1. Clearly labels the price-per-pound where the packaged

produce is displayed, and

2. Deducts a tare for the packaging from the gross weight at

the time ofsale.

C.

A retail seller shall price a commodity at the date and time thatit is ordered by a customer.

D.

A retail seller who offers, exposes, or advertises a commodity

for sale or rent shall post a definite, plain, and conspicuousprice on the commodity or adjacent to where the commodity is

displayed. If the price of the commodity is by weight, mea

sure, or count, the retailer shall place the price per weight,measure, or count on the commodity or adjacent to where the

commodity is displayed. If a retailer offers a commodity for

sale or rent at a price reduced by a percentage or a fixedamount from a previously offered price, the retailer shall place

the reduction or reduced price on the commodity or adjacent to

where the commodity is displayed.

E.

A person who owns or operates a plant nursery shall label each

commodity with its identity, container size, and price, or post asign with this information adjacent to the point of display.

F.

A retail seller shall ensure that the price of each item pur

chased is displayed visibly to the public at each check-outlocation.

Historical Note

Adopted effective July27, 1983 (Supp. 83-4). R20-2-302

recodifled from R4-3 1-302 (Supp. 95-I). Section

repealed; new Section adopted effective October 8, 1998

(Supp. 98-4). Amended by final rulemaking at 10 A.A.R.

1690, effective June 5, 2004 (Supp. 04-2).

R20-2-303. Repealed

Historical Note

Adopted effective July27, 1983 (Supp. 83-4). R20-2-303

recodified from R4-31-303 (Supp. 95-1). R20-2-303

repealed effective October 8, 1998 (Supp. 984).

R20-2-306. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-306

recodified from R4-31-306 (Supp. 95-1). R20-2-306

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-307. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-307

recodifled from R4-3 1-307 (Supp. 95-1). R20-2-307

repealed effective October 8, 1998 (Supp. 9 8-4).

R20-2-308. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-308

recodifled from R4-31-308 (Supp. 95-1). R20-2-308

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-309. Repealed

Historical Note

Adopted effective July27, 1983 (Supp. 834). R20-2-309

recodified from R4-31-309 (Supp. 95-1). R20-2-309

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-310. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 834). R20-2-3 10

recodifled from R4-3 1-310 (Supp. 95-I). R20-2-3 10

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-31 1. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-31 I

recodified from R4-31-3 11 (Supp. 95-1). R20-2-3 11

repealed effective October 8, 1998 (Supp. 984).

R20-2-312. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-3 12

recodifled from R4-31-3 12 (Supp. 95-1). R20-2-3 12

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-313. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 834). Amended

effective August 24, 1992 (Supp. 92-3). R20-2-3 13

recodifled from R4-31 -313 (Supp. 95-I). R20-2-3 13

repealed effective October 8, 1998 (Supp. 984).

Supp. 04-2 Page 12 June 30, 2004
adjacent items that were not used for a price-verificationinspection as the samples for a price-posting inspection.

B. If the Department finds an alleged price-posting violation

involving an item used during its price-verification inspection,

the Department shall record the price-posting violation on the

inspection report.

C. The following are price-posting violations:

1. No price is posted or displayed for an inspected item, or

2. Less than 98 percent of the prices of inspected items are

posted accurately.

D. The following are not price-posting violations:

1. A price is posted on a shelf where an item is displayed

rather than marked on the item individually;

2.

A price is posted on the shelf at the farthest left side of allitems with the same price for up to 3 feet of shelf space.

The price for commodities with the same uniform price

code may be more than three feet from the price posted if

they are all displayed in the same location;

3.

A price posted above the highest item in a vertical loca

tion is the price of all items in that location;

4.

A storage area that is posted as a storage area for which a

customer should ask for assistance;

5.

A restocking area that is posted as a restocking area forwhich a customer should ask for assistance;

6.

A price is posted on a hook in front of or behind a row of

items but the price is clearly visible or a notice is clearly

visible stating that the price is posted behind the row of

items;

7. An item is located in an advertising display without a

posted price but a notice is posted informing a customer

to ask for price information assistance about an item in

the display.

A service counter is not an advertising dis

play;

8.

A menu-type sign at a point of display that lists the name

and price of every item at the point of display in text atleast 318” high;

9.

A point of display contains more than one item posted

with the manufacturer’s name or logo and the price and

name of each item in the point of display is posted;

10.

A price is posted only at each entrance to a store but thatprice is the price of each item in the store, or at each

entrance to a department within a store but that price is

the price of each item in the department; and

11.

A notice states that there is an additional charge based on

an item’s size and each size and the additional charge for

each size is posted.

Historical Note

Adopted effective July 27, 1983 (Supp. 834). R20-2-402

recodified from R4-3 1-402 (Supp. 95-1). R20-2-402

repealed effective October 8, 1998 (Supp. 984). New

Section made by final rulemaking at 10 A.A.R. 1690,

effective June 5, 2004 (Supp. 04-2).

R20-2-405. Repealed

Historical Note

Adopted effective July27, 1983 (Supp. 83-4). R20-2-405

recodified from R4-31405 (Supp. 95-1). R20-2-405

repealed effective October 8, 1998 (Supp. 984).

R20-2-406. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 834). R20-2-406

recodified from R4-3 1406 (Supp. 95-1). R20-2406

repealed effective October 8, 1998 (Supp. 984).

R20-2-407. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 834). R20.-2-407

recodified from R4-3l407 (Supp. 95-1). R.20-2407

repealed effective October 8, 1998 (Supp. 984).

R20-2-408. Repealed

Historical Note

Adopted effective July27, 1983 (Supp. 834). R20-2-408

recodified from R4..3 1408 (Supp. 95-1). R20-2-408

repealed effective October 8, 1998 (Supp. 984).

R20-2-409. Repealed

Historical Note

Adopted effective July27, 1983 (Supp. 834). R20-2-409

recodifled from R4-3 1409 (Supp. 95-1). R20-2409

repealed effective October 8, 1998 (Supp. 984).

R20-2-410. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 834). R20-2-4l0

recodified from R4..3 1410 (Supp. 95-1). R20-2-410

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-411. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 834). R20-2-41 I

recodified from R4-31-4l I (Supp. 95-1). R20-2-41 Irecodified from R4-31410 (Supp. 95-1). R20-241 I

repealed effective October 8, 1998 (Supp. 984).

R20-2-412. Repealed

Historical Note

Adopted effective July 27, 1983 (Supp. 83 -4). R20-2-4l 2

recodified from R4-3 1412 (Supp. 95-1). R20-2-412

recodifled from R4-3 1410 (Supp. 95-1). R20-2-412

repealed effective October 8, 1998 (Supp. 984).

June 30, 2004 Page 13 Supp. 04-2
ten weighmaster examination administered by the Department.

A person may not take the examination more than two times in

six months.

C.

A person that meets the qualifications for public weighmaster

or deputy public weighmaster may apply for a license on aform supplied by the Department.

I. The application form includes:

a. The applicant’s name, address, and telephone num

ber;

b.

A statement by the applicant that the applicant

knows and understands weighmaster laws and rules;

c. The name, address, and telephone number of each of

the applicant’s public weighmaster locations; and

d. The applicant’s signature.

2. The public weighmaster’s application form also includes:

a. The name of each deputy public weighrnaster,

b. The name and address ofthe scale; and

c. The scale description.

3. An applicant may be required to submit evidence of qual ifications and shall be examined regarding competence or

qualifications.

D. Before the Department isnies or renews a public weighmaster

or deputy public weiglunaster license, the applicant shall pay the required fees and provide information required in A.R.S.Title 41, Chapter 15, and this Chapter.

E. The Department does not charge a fee to process a change in

name or address.

Historical Note

Adopted effective July27, 1983 (Supp. 83-4). P.20-2-501

recodified from R4-3 1-501 (Supp. 95-1). Section

repealed; new Section adopted effective October 8, 1998

(Supp. 98-4). Amended by final rulemaking at 10 A.A.R.

1690, effective June 5, 2004 (Supp. 04-2).

P20-2-502. Duties

A public weighmaster shall:

1. Be responsible for the daily operation and maintenance of

the licensed scale used when performing weighmaster

duties;

2. Use scales according to applicable laws and rules; and

3. Be responsible for all acts performed by any deputy pub

lic weighmaster designated by the weighrnaster.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-502

recodifled from R4-3 1-502 (Supp. 95-I). R20-2-502

renumbered to R20-2-504; new Section R20-2-502

adopted effective October 8, 1998 (Supp. 98-4).

Amended by final rulemaking at 10 A.A.R. 1690,

effective June 5, 2004 (Supp. 04-2).

P20-2-503. Grounds for Denying License or Renewal; andDisciplinary Action

A. The Department may deny a weighmaster license for any of

the following reasons:

I. Providing false or misleading information;

falsified a weight certificate;

5. Has delegated authority to someone other than a licensed

public weighmaster or deputy public weighmaster;

6. Has improperly used a weighniaster’s seal of authority;

7. Has presigned certificates for later use;

8. Has issued a weight certificate on which changes or alter

ations were made; or

9. Has used a scale for public weighing that is not properly

licensed.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-503

recodifled from R4-31-503 (Supp. 95-1). P.20-2-503

renumbered to R20-2-505; new Section R20-2-503

adopted effective October 8, 1998 (Supp. 98-4).

R20-2-504. Scales and Vehicle WeighingA. When making a weight determination, a public weighmaster shall use a weighing device that is suitable for the function.

B. The public weighmaster shall not use a scale to weigh a load that exceeds the normal or rated capacity ofthe scale.

C. The owner or user of a weighing device is responsible for the

accuracy of the device used by a public weighmaster. Theowner or user shall comply with Handbook 44.

D. If a scale is equipped with a printing device, it shall be used for

all relevant entries on the weight certificate.

E. The Department shall separately license and regulate each

scale location.

F.

A weighmaster shall weigh any vehicle or combination of

vehicles on a scale having a platform that fully accommodatesthe vehicle or combination of vehicles as one unit.

G. If a combination of vehicles is divided into separate units to be

weighed, each separate unit shall be entirely disconnected

before weighing and a separate weight certificate shall be

issued for each unit.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-504

recodified from R4-31-504 (Supp. 95-1). R20-2-504

renumbered to R20-2-506; new Section R20-2-504

renumbered from P.20-2-502 and amended effective

October 8, 1998 (Supp. 98-4).

P20-2-505. Weight Certificates

A. In issuing a weight certificate, a public weighmaster shall

enter only those weight values that the weighmaster or deputy

weighmaster has accurately and personally determined.

B.

A public weighmaster shall not make any entries on a weight

certificate issued by another person.

C. By signing a weight certificate, a weighmaster or the weigh- master’s deputy shall be responsible for the accuracy of all entries on the weight certificate.

D.

A weight certificate is valid only when properly signed and sealed by the issuing weighmaster or the weighmaster’s dep

uty.

Supp. 04-2 Page 14 June 30, 2004
6. The following statement: “PUBLIC WEIGHMASTER’S

CERTIFICATE OF WEIGHT AND MEASURE. This is

to certify that the described merchandise was weighed, counted, or measured by a public or deputy weigbmaster, and when properly signed and sealed, is prima facie evi

dence of the accuracy of the weight, count, or measure

shown as prescribed by law.”

G.

A public weighmaster shall maintain a legible copy of each

weight certificate issued at each scale location, for a minimum

of one year.

A weighmaster also shall ensure that weight cer

tificates are consecutively numbered and filed numerically.

A

weighmaster shall not use another filing system without

Department approval.

Historical Note

Adopted effective July27, 1983 (Supp. 83-4). R20-2-505

recodifled from R4-3]-505 (Supp. 95-1). R20-2-5O5

renumbered to R20-2-507; new Section R20-2-505

renumbered from R20-2-503 and amended effective

October 8, 1998 (Supp. 98-4). Amended by final

rulemaking at 10 A.A.R. 1690, effective June 5, 2004

(Supp. 04-2).

R20-2-506. Seal of AuthorityA.

A weigbmaster shall obtain a seal for the certification of

weight certificates at cost through the Department. B. The Department shall assign a number to a seal identifying the public weighrnaster and the specific location for which the sealis issued.

C.

A seal is the property ofthe state.

A weighmaster shall surren

der a seal to the Department within 30 days after the weighmaster no longer operates as a licensed public weighmaster. D.

A public weighmaster shall have one seal for use at each scale

location.

E.

A seal shall be accessible to the weighmaster and authorized

deputies during all business hours at the scale location for the

timely and proper certification of weight certificates.

F.

A public weighmaster shall keep a seal of authority at each scale location and make it available for inspection by the

Department during all business hours.

Historical Note

R20-2-506 renumbered from R20-2-504 and amended

effective October 8, 1998 (Supp. 98-4).

R20-2-507. Prohibited Acts

A.

A person shall not:

1. Issue a certified weight certificate without being a

licensed public weighmaster or a person properly autho

rized to act for a public weighniaster;

2. Procure, print, or cause to be printed any public weighmaster weight certificate without being a licensed public

weighmaster or a person authorized to act for a publicweighmaster;

3. Possess unfilled or unused public weighmaster weight

certificate forms without being a licensed public weigh

g

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t

out holding a valid license as a public weighmaster, or acting under the authority of a licensed public weighmaster; 9. Use an unlicensed scale in the performance of public weighmaster duties; or 10. Operate a scale for public weighing unless that person is licensed as a public weighmaster. B. People engaged in the business of printing weight certificate forms, their representatives, and the Department are exempt from the prohibitions specified in subsections (A)(2) and (3). Historical Note R20-2-507 renumbered from R20-2-505 and amended effective October 8, 1998 (Supp. 98-4). ARTICLE 6. REGISTERED SERVICE AGENCIES AND REPRESENTATiVES R20-2-601. Qualifications; License and Renewal Application Process A. Registered service agency. 1. To obtain a license as a registered service agency, an applicant shall provide evidence that: a. The applicant’s registered service representative has

a thorough knowledge of all appropriate laws within

A.R.S. Title 41, Chapter 15, Handbook 44, Hand

book 112, CARB Executive Orders, and this Chap

ter;

b. The applicant provided its representative with a

copy of theportions of A.R.S. Title 41, Chapter 15,

Handbook 44, Handbook 112, CARB Executive

Orders, and this Chapter relating to registered ser

vice representative duties;

c. The applicant:

i. Possesses the necessary certified standards and

testing equipment to service commercial

devices; and

ii. Possesses the necessary test equipment cali

brated annually by the equipment manufacturer

to perform an air to liquid (AJL) test of a vapor

recovery system or vapor recovery component

properly; or

iii. Has access to the necessary standards and test

ing equipment belonging to another registered

service agency and has written approval from

that agency to use its standards and testing

equipment; and

d. The applicant shall ensure that its registered service

representative operates the equipment according toA.R.S. Title 41, Chapter 15, Handbook 44, Hand

book 112, CARB Executive Orders, and this Chap

ter.

2. The Department shall not issue a registered service

agency license until at least one of the applicant’s employees passes a registered service representativecompetency exam.

June 30, 2004 Page 15 Supp. 04-2
;

e. Branch office information;

f. Names ofregistered service representatives and their

experience with other registered service agencies or

states;

g. License and disciplinary history; and

h. Applicant’s signature.

B. Registered service representative.

To obtain a license as a registered service representative,

an applicant shall provide evidence that:

a. The applicant has a thorough knowledge of all

appropriate laws within A.R.S. Title 41, Chapter 15,

Handbook 44, Handbook 112, CARB Executive

Orders, and this Chapter;

b. The applicant possesses the necessary training or

experience regarding appropriate standards and test

ing equipment to service the specific commercial

device, vapor recovery system, or vapor recovery

system component indicated on the application;

c. The applicant will operate according to appropriate laws within A.R.S. Title 41, Chapter 15, Handbook

44, Handbook 112, CARB Executive Orders; and

this Chapter; and

d. The applicant has passed a competency examina

tion. An applicant shall bring a copy of Handbook

44 and Handbook 112 to the examination site. An

applicant for a vapor recovery registered service rep

resentative license shall complete the Department’s

training class before taking the competency exami

nation.

2. An applicant for a registered service representative license shall submit an application on a form obtained

from the Department that provides:

a. Name, address, telephone number, and facsimile

number;

b. License information from other states;

c. Types of devices serviced, repaired, or installed, or

vapor recovery systems or components repaired or

tested;

d. Work experience with other registered service agen

cies in Arizona or other states;

e. License and disciplinary history; and

f. Applicant’s signature.

C. To renew a vapor recovery registered service representative license, an applicant shall:

Complete the Department’s training class, and

2. Take and pass a written vapor recovery examination,

administered by the Department.

fl An applicant may not take a registered service representative examination more than two times in six months.E. An applicant shall complete an examination within the time

specified.

F. The Department does not charge a fee to process a change in business name or address.

NIST, and

b. Maintain and use equipment for testing vapor recov

ery systems and vapor recovery system components

according to this Chapter and manufacturer specifi

cations.

2. When a registered service agency restores or newly

places in service a commercial device, the registered ser

vice agency shall complete a placed-in-service report form prescribed by the Department.a. The registered service agency shall complete the placed-in-service report in triplicate;

b. Within seven calendar days after the commercial

device is restored to service or newly placed in ser

vice, the registered service agency shall mail the

original of the properly completed and signed

placed-in-service report to the Department;

c. The registered service agency shall give a copy of

the placed-in-service report to the person who owns

or operates the commercial device;

d. The registered service agency shall retain a copy of

the placed-in-service report or any required vapor

recovery report for one year;

e. The registered service agency shall ensure that the

placed-in-service report contains the assigned

license number of the registered service representa

tive who completes the report;

f. The registered service agency shall ensure that the

placed-in-service report is completed and signed by the registered service representative noting each

rejected commercial device restored to service and

each newly installed commercial device placed in

service;

g. The registered service agency shall ensure that the

placed-in-service report includes the serial or identi

fication number of each standard used by the regis

tered service representative to calibrate the

commercial device for each rejected device restored

to service and for each newly installed device placed

in service; and

h. The registered service agency shall ensure that the

placed-in-service report includes the license number

of the registered service representative who installs

or repairs the commercial device.

3.

A registered service agency shall have all equipment used

for commercial device certification and A/L testing certi

fled annually by the manufacturer.

4.

A registered service agency shall not use new equipment for commercial device certification until it is certified bya NIST-traceable laboratory.

5.

A registered service agency shall ensure that employees do not perform registered service representative duties until licensed.

A registered service agency may train an employee in registered service representative duties only ifthe employee is within the direct line of sight and hearSupp. 04-2 Page 16 June 30, 2004
p

p

y system before beginning a vapor recovery test that is not witnessed by the Department.

8.

A registered service agency shall ensure that its registered service representative provides a vapor recovery system

owner or operator with written test preparation instruc tions, approved by the Department, at least 10 business

days before an initial or annual test.

B. Registered service representative.

1. A registered service representative shall:

a. Install only commercial devices that meet the

requirements ofthis Chapter;

b. Perform all vapor recovery tests according to this Chapter,

c. Perform all appropriate tests when repairing a com mercial device or repairing or replacing a vapor

recovery system or component to ensure that the

requirements of A.R.S. Title 41, Chapter 15, this Chapter, Handbook 44, Handbook 112, and CARBExecutive Orders are met;

d. Report to the user equipment or commercial devices

that do not conform to NIST standards; and

e. Complete placed-in-service reports accurately. 2. If a vapor recovery registered service representative can

not correct a violation and has to leave the vapor recovery site, the registered service representative shall secure the non-compliant vapor recovery system or component from commercial use. The non-compliant system or compo nent shall not be used for commercial purposes until it is repaired and passes the test required by R20-2-910. The registered service representative shall notify the Depart ment of the stop-sale, stop-use by 6:00 a.m. of the day after the non-compliant vapor recovery system or compo nent is secured or one hour before the test, whichever is

sooner, so that the Department can witness the test.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-602 recodifled from R4-3 1-602 (Supp. 95-I). Section

amended effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 10 A.A.R. 1690, effec

tive June 5, 2004 (Supp. 04-2).

R20-2-603. Grounds for Denying License or Renewal; Disci plinary Action; and Certification of Standards and Testing Equipment

A. The Department shall not issue a license or renewal until an

applicant pays all appropriate fees.

B. Upon receipt and acceptance of all required documents, fees, and Department certification of standards, the Department shall issue the agency a license or renewal.

C. The Department shall include on a license an assigned num ber, that remains effective until either withdrawn by the Department or until it expires. The Department shall issue a license with the agency’s assigned license number to each reg

dards or testing equipment;

3. Failure to meet the requirements stated in this Article; or 4. For any reason that would be grounds for suspension, revocation, or refusal to renew.

G. The Department may suspend, revoke, or refuse to renew a license if the applicant is not qualified to perform those duties required or has been found to have violated any provision of A.R.S. Title 41, Chapter 15, or this Chapter. H. Every registered service agency and representative shall com

ply with the Department’s metrology laboratory annual sched ule for certification of field standards contained in A.R.S. § 41-2067(F).

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-603 recodified from R.4-3 1-603 (Supp. 95-1). Section amended effective October 8, 1998 (Supp. 98-4).

R20-2-604. Prohibited Acts

A.

A person shall not:

1. Perform any duty or do any act required to be done by a registered service agency or registered service representa tive without holding a registered service agency or regis tered service representative license issued by the Department,

2. Use the title of registered service agency or registered service representative, any similar title, or hold oneself

out as a registered service agency or representative with

out a valid license; or

3. Remove an official out-of-service, warning, or stop-sale, stop-use tag except as authorized in this Chapter, or by the Department.

B.

A registered service agency or registered service representa tive shall not:

1. Fraudulently complete or file a placed-in-service report; 2. Delegate licensed authority or responsibility to an unli censed person;

3. Perform a function without certified equipment; 4. Install or place in service a commercial device before sat

isfying all ofthe statutory and rule requirements; 5. Fail to report a commercial device to the Department within two business days of finding that device is out of

compliance;

6. Install, calibrate, or repair a commercial device without

placing a sequentially numbered decal or label on the

device as prescribed by the Director;

7. Leave a location where there is a non-compliant commer cial device without securing the commercial device from

commercial use; or

8. Leave a vapor recovery site where there is a non-compli ant system or component without securing the system or

component from commercial use.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-604 recodifled from R4-31-604 (Supp. 95-1). Amended effective October 8, 1998 (Supp. 98-4). Amended by

June 30, 2004 Page 17 Supp. 04-2
2. California Air Resources Board Executive Order G-70-

3 6-AD, Mod/ication of Cerilfication of the OPW Bal

ance Phase II Vapor Recovery System, September 18,

1992, California Air Resources Board, P.O. Box 2815,

Sacramento, California 95812-2815.

3. California Air Resources Board Executive Order G-70-

52-AM, Certflcation of Components for Red Jacket,

Hirt, and Balance Phase II Vapor Recovery Systems, October 4, 1991, California Air ResouTces Board, P.O.

Box 2815, Sacramento, California 95812-2815.

4. California Air Resources Board Executive Order G-70-

70-AC, ModfIcation of Cert!fication ofthe Healy Phase

II Vapor Recovery Systemfor Gasoline Dispensing Facil

ities, June 23, 1992, California Air Resources Board, P.O.

Box 2815, Sacramento, California 95812-2815.

5. California Air Resources Board Executive Order G-70-

l50-AE, Modflcation to the Certflcation ofthe Marconi

Commerce Systems Inc. (MCS) “Formerly Gibarco”

VaporVac Phase II Vapor Recovery System, July 12,

2000, California Air Resources Board, P.O. Box 2815,

Sacramento, California 95812-2815.

6. California Air Resources Board Executive Order 0-70-

153-AD, ModUication to the Certflcation ofthe Dresser!

Wayne Wayne Vac Phase

H Vapor Recovery System,

April 3, 2000, California Air Resources Board, P.O. Box2815, Sacramento, California 95812-2815.

7. California Air Resources Board Executive Order G-70-

154-AA, Modfication to the Cert(fication ofthe Tokheim

MaxVac Phase II Vapor Recovery System, June 10, 1997,

California Air Resources Board, P.O. Box 2815, Sacramento, California 95812-2815.

8. California Air Resources Board Executive Order G-70-

I 63-AA, ModWcation to the Certification of the OPW

VaporEZ Phase II Vapor Recovery System, September 4,

1996, California Air Resources Board, P.O. Box 2815,

Sacramento, California 95812-2815.

9. California Air Resources Board Executive Order G-70-

1 64-AA, Modflcation to Certflcation of the Hasstech

VCP-3A Vacuum Assist Phase II Vapor Recovery System,

December 10, 1996, California Air Resources Board,

P.O. Box 2815, Sacramento, California 95812-2815.

10. California Air Resources Board Executive Order 0-70-

165, Certflcation ofthe Healy Vacuum Assist Phase II

Vapor Recovery System with the Model 600 Nozzle, April

20, 1995, California Air Resources Board, P.O. Box

2815, Sacramento, California 95812-2815.

11. California Air Resources Board Executive Order G-70-

169-AA, Modflcation to the CertWcation ofthe Franklin

Electric INTELLIVA

C Phase!? Vapor Recovery System,

August 11, 1997, California Air Resources Board. P.O.

Box 2815, Sacramento, California 958 12-2815.

12. California Air Resources Board Executive Order 0-70-

177-AA, Modflcation to the Cert/Ication of the Hirt

VCS400-7 Vacuum Assist Phase

H Vapor Recovery Sys

, 

15. California Air Resources Board Executive Order G-70-

186, Cert4flcation ofthe Healy Model 400 OR PR Vapor

Recovery System, October 26, 1998, California Air

Resources Board, P.O. Box 2815, Sacramento, California

95812-2815.

16. California Air Resources Board Executive Order G-70-

188, CertWcation of the Callow ICVN Vapor Recovery Nozzle Systemfor use with the Gilbarco VaporVac Vapor

Recovery System, May 18, 1999, California Air

Resources Board, P.O. Box 2815, Sacramento, California

95812-2815.

17. California Air Resources Board Executive Order G-70-

191-AA, Relating to Language Correction in Existing Executive Order G-70-191 (Healy Systems. Inc.), July 30, 2001, California Air Resources Board. P.O. Box 2815,

Sacramento, California 95812-2815.

18. California Air Resources Board Executive Order 0-70-

196, Certflcation ofthe Saber Technologies, LLC Saber

Vac PR Phase II Vapor Recovery System, December 30,

2000, California Air Resources Board, P.O. Box 2815,

Sacramento, California 958 12-2815.

Historical Note

New Section made by final rulemaking at 10 A.A.R.

1690, effective June 5, 2004 (Supp. 04-2).

ARTICLE 7. MOTOR FUELS AND PETROLEUM

PRODUCTS

Editor’s Note: Thefollowing Section was amended under an

exemption from the provisions of A.R.& Title 41, Chapter 6,

pursuant to Laws 1997, Chapter 117, § 3. Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s Regulatory Review Councilforreview andapprovaL Although exempt from certain provisions of the Administrative Procedure Act, the Department was required to publish these rules in the Arizona Administrative Register and provide reasonable notice and at least one public hearing on the rules (Supp. 97-3). The exempt amendment expired when the

Section waspermanently adopted with changes (Supp. 98-3).

R20-2-70L Defrnitioas

In addition to the definitions in R20-2-lOl, the following defini tions apply to this Article unless the context otherwise requires:

I. “Area A” has the same meaning as in A.R.S. § 49-541. 2. “Area B” has the same meaning as in A.R.S. § 49-541. 3. “Arizona Cleaner Burning Gasoline” or “Arizona CBG”

means a gasoline blend that meets the requirements of this Article for gasoline produced and shipped to or within Arizona and sold or offered for sale for use inmotor vehicles within the CBG covered area, except as provided under A.RS. § 41-2124(K). 4. “AZRBOB” or “Arizona Reformulated Blendstock for

Oxygenate Blending” means a petroleum-derived motor fuel that is intended to be or is represented to constitute Arizona CBG upon the addition of a specified type and

Supp. 04-2 Page 18 June 30, 2004
vessel, tanker, or other container for transport to the CBG covered area.

7. “Blendstock” means any liquid compound that is blended with other liquid compounds to produce Arizona CBG.

Deposit control additives or other similar additives regis tered under 40 CFR 79 are not considered blendstocks.

8. “CBG covered area” means a county with a population of 1,200,000 or more persons according to the most recent

United States decennial census and any portion of a

county contained in area A.

9. “Conventional gasoline” means gasoline that conforms

with the requirements of this Chapter for sale or use in

Arizona, but does not meet the requirements of Arizona CBG or AZRBOB.

10. “Co-solvent” means a chemical compound soluble in, and added to, a methanol-gasoline blend to prevent phase separation, reduce corrosion, and improve lubrication.

A

co-solvent may be any one or a mixture ofthe following:

a. Ethanol,

b. Anypropanol,

c. Any butanol, or

ci. Gasoline grade tertiary butyl alcohol.

11. “Designated alternative limit” means a fuel property specification, expressed in the nearest part per million by weight for sulfur content, nearest 10th percent by volume for aromatic hydrocarbon content, nearest 10th percent by volume for olefin content, and nearest degree Fahren heit for T90 and T50, that is assigned by a registered sup plier to a final blend of Type 2 CBG or AZRBOB for

purposes of compliance with the Predictive Model.

12. “Diesel” or “diesel fuel” means a refined middle distallate for use as a fuel in a compression ignition internal combustion engine.

13. “Downstream oxygenate blending” means combining AZRBOB and an oxygenate to produce fungible Arizona

CBG.

14. “EPA waiver” means a waiver granted by the Environ mental Protection Agency as described in “Waiver

Requests under Section 21 1(1) of the Clean Air Act,” which is incorporated by reference in R20-2-702.

15. “Final distribution facility” means a stationary gasoline transfer point from which motor fuel or AZRBOB is

transferred into a cargo tank truck, pipeline, or other delivery vessel from which the motor fuel will be deliv

ered to a gasoline dispensing site.

A cargo tank truck is a final distribution facility ifthe cargo tank truck transports

motor fuel or AZRBOB and carries documentation that

the type and amount or range of amounts of oxygenates designated by the registered supplier will be or have been

blended directly into the cargo tank truck before delivery ofthe resulting motor fuel to the gasoline dispensing site. 16. “Fuel” means any material capable ofreleasing energy or

power by combustion or other chemical or physical reac

tion.

20. 

Motor vehicle

means any vehicle equipped with a spark-ignited or compression-ignition internal combus tion engine except:

a. Vehicles that run on, or are guided by, rails; or b. Vehicles that are designed primarily for travel through air or water.

21. “MTBE” means methyl tertiary butyl ether. 22. “NOx” means oxides ofnitrogen. 23. “Octane,” “octane number,” or “octane rating” mean the anti-knock characteristic of gasoline as determined by the resultant arithmetic test average of ASTM D2699 and

ASTM D2700.

24. “Oxygenate” means any oxygen-containing ashless, organic compound, including aliphatic alcohols and alt phatic ethers, which is able to be used as a fuel or as a

gasoline blending component and is approved as a blend ing agent under a waiver issued by the EPA under 42

USC 7545(/).

25. “Oxygenate blending facility” means any location (including a truck) where oxygenate is added to Arizona

CBG or AZRBOB, and the quality or quantity of Arizona CBG is not altered in any other manner except for the addition of deposit control additives or other similar addi

tives registered under 40 CFR 79.

26. “Oxygenate blender” means any person who owns, leases, operates, controls, or supervises an oxygenate blending facility, or who owns or controls the blendstock

or gasoline used, or the gasoline produced, at an oxygen

ate blending facility.

27. “Oxygenated Arizona CBG” means Arizona CBG with a

minimum oxygen content of 3.5% that is produced and shipped to or within Arizona and sold or offered for salefor use in motor vehicles in the CBG covered area from

November 1 through March 31 of each year. 28. “Oxygen content” means the percentage by weight of

oxygen contained in a gasoline oxygenate blend as calcu lated by ASTM D481 5-94a.

29. ‘Performance standard” means the VOC and NOx emis

sion reduction percentages in R20-2-75l(A)(8), R20-2- 751(A)(9), and Table I.

30. “Pipeline” means a transporter who owns or operates an interstate common-cars-icr pipe to transport motor fuels into Arizona.

31. “PM” or “Predictive Model Procedures” means the Cali

fornia Predictive Model, California Air Resources

Board’s “California Procedures for Evaluating Alterna tive Specification for Phase 2 Reformulated GasolineUsing the California Predictive Model,” as adopted April 20, 1995, and which is incorporated by reference in R20- 2-75 8.

32. ‘PM alternative gasoline formulation” means a final

blend of Arizona CBG or AZRBOB that is subject to a set of PM alternative specifications.

June 30, 2004 Page 19 Supp, 04-2
p

g

Fahrenheit;

f. Maximum T90, expressed in the nearest degree

Fahrenheit; and

g. Maximum aromatic hydrocarbon content, expressed

in the nearest 10th of a percent by volume.

34. “PM averaging compliance option” means, with refer

ence to a specific fuel property, the compliance option for PM alternative gasoline formulations by which final

blends of Arizona CBG and AZRBOB are assigned des ignated alternative limits under R20-2-75 1(F), (G), and

(H).

35. “PM averaging limit” means a PM alternative specifica tion that is subject to the PM averaging compliance option.

36. “PM flat limit” means a PM alternative specification that is subject to the PM flat limit compliance option.

37. “PM flat limit compliance option” means, with reference

to a specific fuel property, the compliance option that each gallon of gasoline must meet for the specified fuel

property contained in the PM alternative specifications.

38. “Produce” means:

a. Except as otherwise provided in subsections (b) or

(c), to convert a liquid compound that is not Arizona

CBG or AZRBOB into Arizona CBG or AZRBOB.

If a person blends blendstocks that are not Arizona

CBG or AZRBOB with Arizona CBG or AZRBOB

acquired from another person, and the resulting blend is Arizona CBG or AZRBOB, the person con

ducting the blending produces only the portion of

the blend not previously Arizona CBG or AZRBOB.

If a person blends Arizona CBG or AZRBOB withother of Arizona CBG or AZRBOB in accordance

with this Article, without the addition of blendstocks

that are not Arizona CBG or AZRBOB, that person is not a producer of Arizona CBG or AZRBOB.

b. If a person supplies Arizona CBG or AZRBOB to a

refiner who agrees in writing to further process the

Arizona CBG or AZRBOB at the refiner’s refinery

and be treated as the producer of the Arizona CBG

or AZRBOB, the refiner is deemed the producer of

the Arizona CBG or AZRBOB.

c. If an oxygenate blender blends oxygenates into

AZRBOB supplied from a gasoline production facil

ity or import facility, and does not alter the qualityor quantity of the AZRBOB or the quality or quan

tity ofthe resulting Arizona CBG certified by a reg

istered supplier in any other manner except for theaddition of deposit control additives or other similar

additives, then the oxygenate blender is not a pro

ducer of any portion of the resulting Arizona CBG,

and the producer or importer of the AZRBOB is

considered the producer or importer of the full vol

ume of the resulting Arizona CBG.

O

is supplied only from the production facil

ity.

41. “Refiner” means any person who owns, leases, operates,

controls, or supervises a refinery in the United States,

including its trust territories.

42. “RVP” means Reid vapor pressure.

43. “Refinery” means a facility that produces liquid fuels, including Arizona CBG orAZRBOB, by distilling petro leum.44. “Registered supplier” means any producer or importer who supplies Arizona CBG or AZRBOB and is registered with the Director under R20-2-750.45. “Reproducibility” means the testing method margin of

error as provided in the ASTM or other testing method

required under this Article.

46. “Service station” means a retail business operated for the

purpose of dispensing motor fuel into the fuel tanks of

motor vehicles.

47. “Supply” means to provide or transfer motor fuel to a

physically separate facility, vehicle, or transportation sys

tem.

48. “Third-party terminal” or “3rd-party terminal” means an

owner or operator of a gasoline storage tank facility who

accepts custody, but not ownership, of Arizona CBG or

AZRBOB from a registered supplier and relinquishes custody ofArizona CBG or AZRBOB to a transporter for interstate transport into Arizona.

49. “Transmix” means a mixture of petroleum distillate fuel

and gasoline that does not meet the Arizona standards for

either petroleum distillate fuels or gasoline.

50. “Transporter” means any person who is not a producer or importer and who:

a. Causes transport of Arizona CBG or AZRBOB into

Arizona; and

b. Does not acquire title or assume ownership of the

Arizona CBG or AZRBOB.

51. “Type 1 gasoline” means a gasoline that meets the stan

dards contained in R20-2-75 1(A) and Table 1.

52. “Type 2 gasoline” means a gasoline that meets the stan

dards contained in Table 2, or is certified using the PM according to the requirements of R20-2-751(F), (G), and

(H), and:

a. Meets the requirements in R20-2-751(A) beginning April 1 through October 31 of each year; and b. Meets the requirements in R20-2-75 1(B) beginning

November 2 through March 31 of each year.

53. “VOC” means volatile organic compound.

Historical Note

Former Section R4-3 1-204(K) and Section R4-3

I

205(A)(l) through (5) renumbered without change as Section R4-3 1-701 (Supp. 89-1). Amended as R4-3 1-

204(0) and incorporated into R4-3 1-701 effective Sep tember 29, 1989 (Supp. 89-3). Amended effective Octo

ber 12, 1990 (Supp. 90-4). Amended by emergency amendment effective September 20, 1991, pursuant to

Supp. 04-2 Page 20 June 30, 2004
tive date of September 12, 1997 (Supp. 97

3). Interim amendment expired and was automatically repealed on the date the permanent rules became effective pursuant to

Laws 1997, Cli. 117; Section permanently amended

October 1, 1998; filed in the Office ofthe Secretary of

State September 9, 1998 (Supp. 98-3). Amended by final

rulemaking at 5 A.A.R. 4214, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 7

A.A.R. 1025, effective February 9, 2001 (Supp. 0 1-1).

R20-2-702. Material Incorporated by Reference

The following documents are incorporated by reference and on file with the Department. The documents incorporated by reference contain no future editions or amendments.

1. 16 CFR 306 -Automotive Fuel Ratings, Certflcation and

Posting, January 1, 1998 Edition, Superintendent ofDoc

uments, U.S. Government Printing Office, Mail StopSSOP, Washington, D.C. 20402-9328.

2. ASTM

D 975-98b, Standard SpecWcation for Diesel Fuel Oils, published in ASTM Annual Book of Stan

dards, Petroleum Products, Lubricants, and Fossil Fuels,

Volume 05.01, 2001, American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken,

PA 19428-2959.

3. ASTM

D 4814-00, Standard Specification for Automo

tive Spark-Ignition Engine Fuel, published in ASTM

Annual Book of Standards, Petroleum Products, Lubri

cants, and Fossil Fuels, Volume 05.02, 2001, American

Society for Testing and Materials, 100 Barr Harbor

Drive, West Conshohocken, PA 19428-2959.

4. Waiver Requests under Section 21 1(f) of the Clean Air

Act, (August 22, 1995 edition), United States Environ

mental Protection Agency, Transportation and Regional Programs Division, Fuels Program Support Group, Mail

Code 6406J, Washington, D.C. 20460.

Historical Note

Adopted by emergency amendment effective September 20, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 9 1-3). Emergency rule adopted again without

change effective December 20, 1991, pursuant to A.R.S.

§ 41-1026, valid for only 90 days (Supp. 91-4).

Emergency rule adopted again without change effective

March 20, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Adopted

with changes effective August 17, 1992 (Supp. 92-3).

R20-2-702 recodifled from R4-31-702 (Supp. 95-1).

Amended by final rulemaking at 5 A.A.R. 4312, effective

October 18, 1999 (Supp. 99-4). Amended by final

rulemaking at 10 A.A.R. 1690, effective June 5, 2004

(Supp. 04-2).

R20-2-703. Volumetric Inspection of Motor Fuels and Motor

Fuel Dispensers

A. After completing an inspection, the Department shall return all

motor fuel to the owner or operator ofthe service station at the

site where the Department collected the motor fuel.

pp

)

y final rulemaking at 5 A.A.R. 4312, effective October 18.

1999 (Supp. 99-4).

P20-2-704. Price and Grade Posting on External Signs A.

A person who owns or operates a Service station that has an

external sign shall ensure that the sign:

I. Identifies whether the price differs depending on whether

the payment is cash, credit, or debit;

2. Identifies the self-service and full-service prices, if differ

ent;

3. Discloses the full price of motor fuel including fractions

of a cent and all federal and state taxes, if the sign dis

plays the motor fuel price.

A decimal point shall be used

in the displayed price when a dollar sign,precedes the posted price;

4. Displays lettering at a height of at least 1/5 of the letter

height of the motor fuel price displayed on the external

sign or 2 1/2”, whichever is larger, and is visible from the

road;

5. States the terms of any condition if the displayed price is conditional upon the sale of another product or service.

The terms of any condition shall comply with the letter

height requirement in subsection (A)(4);

6. Describes diesel fuel as No. 1 diesel, #1 diesel, No. 2 die

sel, #2 diesel, or biodiesel; and

7. Identifies the unit of measure of the price, if it is other

than per gallon.

B. Effective June 5, 2004, if a sign uses the following terms to describe a gasoline grade or gasoline-oxygenate blend, the grade or blend shall meet the following minimum antiknock

index:

Term Minimum Antiknock Index

1. Regular, Reg, Unleaded, 87

UNL, or UL

2. Midgrade, Mid, or PIus 89

3. Premium, PREM, 91

Super, Supreme, High,

or High Performance

Historical Note

Former Section R4-3 1-204(B) renumbered without

change as Section R4-31-704 (Supp. 89-1). Amended

effective October 12, 1990 (Supp. 90-4). Amended

effective August 17, 1992 (Supp. 92-3). R20-2-704

recodifled from R4-3l-704 (Supp. 95-1). Former Section

R20-2-704 repealed; new Section R20-2-704 renumbered

from R20-2-705 and amended by final rulemaking at 5 A.A.R. 4312, effective October 18, 1999 (Supp. 99-4).

Amended by final rulemaking at 10 A.A.R. 1690,

effective June 5, 2004 (Supp. 04-2).

June 30, 2004 Page 21 Supp. 04-2
p

y

g

p

from t

e dis

penser if the dispenser is capable of dispensing and computing the price ofmultiple grades ofmotor fuel;

5. Displays a discount, if offered, in letters at least 1/4” in

height on each face ofthe dispenser and next to the undis

counted price;

6. Displays both a cash and credit price on a dispenser that

is capable of electronically displaying both cash andcredit prices;

7. Posts both a cash and credit price on each face of a dis

penser that is preset by the cashier if the dispenser is

unable to display electronically and simultaneously both

cash and credit prices;

8. Posts a price-per-gallon sign next to or on a non-price

computing dispenser for a retail-only sale of liquefied

petroleum gas used as an alternative motor fuel; and

9. Complies with the requirements of R20-2-704(A)(l),

(A)(2), (A)(3), (A)(5), (A)(6), and (A)(7).

B.

A person who owns or operates a service station shall ensure

that:

I. The octane rating of each grade of gasoline is displayed

on the upper 60 percent of each face of each dispenser, as

prescribed by 16 CFR 306; and

2. The signs required by Handbook 130, for gasoline dis

pensers that dispense gasoline with lead substitute, are

displayed on the upper 60 percent of each face of each

dispenser in letters at least 1/4” in height.

Historical Note

Former Section R4-3 1-204(C) renumbered without

change as Section R4-3 1-705 (Supp. 89-1). Amended

effective August 17, 1992 (Supp. 92-3). R20-2-705

recodified from R4-3 1-705 (Supp. 95-1). Former Section

R20-2-705 renumbered to R20-2-704; new Section R20-

2-705 renumbered from R20-2-706 and amended by final

rulemaking at 5 A.A.R. 4312, effective October 18, 1999(Supp. 99-4). Amended by final rulemaking at 10 A.A.R.

1690, effective June 5, 2004 (Supp. 04-2).

R20-2-706. Unattended Retail Dispensers

In addition to all labeling and sign requirements in this Article, an

owner or operator of an unstaffed service station shall post on or

next to each motor fuel dispenser a sign or label, in public view,

that conspicuously lists the owner’s or operator’s name, address,

and telephone number.

Historical Note

Former Section R4-31-204(D) renumbered without

change as Section R4-3 1-706 (Supp. 89-1). Amended

effective August 17, 1992 (Supp. 92-3). R20-2-706

recodified from R4-3 1-706 (Supp. 95-1). Former Section

R20-2-706 renumbered to R20-2-705; new Section R20-

2-706 renumbered from R20-2-707 and amended by final

rulemaking at 5 A.A.R. 4312, effective October 18, 1999

(Supp. 99-4).

3. The grade ofthe motor fuel;

4. The volume of each grade of motor fuel being trans

ferred;

5. The date ofthe transfer;

6. Product transfer document number;7. For conventional gasoline, the minimum octane rating of

each grade;

8. For conventional gasoline, the type and maximum vol

ume of oxygenate contained in each grade;

9. For conventional gasoline transported in or through the

CBG covered area, the statement, “This gasoline is notintended for use inside the CBG covered area”; and

10. Whether a lead substitute is present in the gasoline and

the type of lead substitute present.

B.

A registered supplier, third-party terminal, or pipeline may usestandardized product codes on pipeline tickets as the product

transfer documentation.

C.

A person identified in subsection (A) shall retain producttransfer documentation for each shipment delivered for 12months. This documentation shall be available within twoworking days from the time ofthe Department’s request.

D.

A person identified in subsection (A) shall maintain product

transfer documentation for a transfer or delivery during the

preceding 30 days at that person’s address listed on the prod

uct transfer documentation.

E.

A service station owner or operator or fleet owner shall main

tain product transfer documentation for the three most recent

deliveries of each grade of motor fuel on the service station

owner’s or operator’s or fleet owner’s premises. This docu

mentation shall be available for Department review.

F. The Department shall accept a legible photocopy of a product

transfer document instead ofthe original.

G.

A person transferring custody or title of Arizona CBG or

AZRBOB shall comply with R20-2-757.

Historical Note

Former Section R4-3 1-204(E) renumbered without

change as Section R4-31-707 (Supp. 89-1). Amended

effective August 17, 1992 (Supp. 92-3). R20-2-707

recodified from R4-31-707 (Supp. 95-1). Former Section

R20-2-707 renumbered to R20-2-706; new Section R20-

2-707 renumbered from R20-2-709 and amended by final

rulemaking at 5 A.A.R. 4312, effective October 18, 1999

(Supp. 99-4).

R20-2-708. Oxygenated Fuel Blends

A person who has custody of gasoline blended with an oxygenateshall ensure that the amount of oxygenate does not exceed theamount allowed by EPA waivers. Except as allowed by EPA waivers, gasolines blended with methanol shall contain a corrosioninhibitor in an amount specified by the manufacturer of the inhibitor. Any gasoline blend containing methanol shall contain a co-solvent in an amount equal to or greater than the amount allowed by

EPA waivers for gasolines within the oxygen limits allowed.

Supp. 04-2 Page 22 June 30, 2004
or combination of oxygenates, that results in a gasoline blendcontaining 1.5% or more by weight of oxygen is clearly labeled with the oxygenate volume information. If only oneoxygenate is blended into a gasoline, each face of each dis

penser shall be clearly labeled with the oxygenate volume

information ifthe percent by volume is:

1. More than 0.3% by volume ofmethanol,

2. More than 4.3% by volume of ethanol,

3. More than 8.3% by volume of MTBE, or

4. Any other oxygenate or combination of oxygenates at a

level that requires an EPA waiver.

B.

A service station owner or operator shall ensure that labels

required under subsection (A) are displayed on the upper 60%

of each face of each dispenser. The label indicating the maxi

mum percent by volume of each oxygenate contained in the

oxygenated fuel shall state:

1. Contains up to

% ethanol;

2. Contains up to

% methanol and _% co-sol

vent;

3. Contains up to

% ether (MTBE); or

4. Contains up to

% other (specifr name of oxygen- ate).

C. In the CBG covered area and area B, a service station owner or

operator shall ensure that a label displayed on each face of

each service station dispenser also contains the following

statement: “This gasoline is oxygenated and will reduce car

bon monoxide emissions from motor vehicles.” The statement

may be printed on the label required in subsection (B) or on a

separate label. If the statement is printed on a separate label,

the label shall be displayed next to the label required in sub

section (B).

D.

A service station owner or operator shall ensure that any other

oxygenate blended with gasoline is disclosed in the format

described in subsections (B) and (C).

E.

A service station owner or operator shall ensure that:

1. The label required by subsection (B) is clean, legible, and

visible at all times;

2. The label is printed in black or white block letters on a

sharply contrasting background; and

3. The lettering on labels required by subsections (B) and

(C) is no less than 1/4”.

Historical Note

Former Section R4-3 1-204(G) renumbered without

change as Section R4-3l-709 (Supp. 89-1). Former R4-

31-709 repealed, new Section R4-3 1-709 adopted by

emergency action effective September20, 1991, pursuant

to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Former R4-3 1-709 repealed again, new Section R4-3 I -

709 adopted again without change by emergency action

effective December 20, 1991, pursuant to A,R,S. § 41- 1026, valid for only 90 days (Supp. 91-4). Former R4-3l709 repealed again, new Section adopted again by

emergency action without change effective March 20,

1992, pursuant to A.R.S. § 41-1026, valid for only 90

Secretary of State September 9, 1998 (Supp. 98-3).

Former Section R20-2-709 renumbered to R20-2-707;

new Section R20-2-709 renumbered from R20-2-71 I and

amended by final rulemaking at 5 A.A.R. 4312, effective

October 18, 1999 (Supp. 99-4).

R20-2-710. Blending Requirements

A.

A person who has custody or transports an oxygenated gaso line blend shall ensure than no neat oxygenate blending occurs

at a service station or fleet location.

B. If a service station storage tank contains an oxygenated gaso line blend that does not contain the amount of oxygen required by A.R.S.

§ 41-2123,41-2125, or R20-2-75 1, the service sta tion owner or operator shall do one ofthe following:

1. Add gasoline that contains no more than 20% by volume

of any oxygenate to the non-compliant blend;

2. Add a gasoline blend that dilutes the oxygenated gasoline blend to the level of oxygen content required by A.R.S.

§ 41-2123,41-2125, or R20-2-751; or 3. Empty the storage tank and replace the gasoline with a required oxygenate blend.

Historical Note

Former Section R4-31 -204(H) renumbered without

change as Section R4-3 1-710 (Supp. 89-1). Amended

effective February 21, 1990 (Supp. 90-1). See emergency amendment below (Supp. 92-1). Amended by emergency

action effective September20, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Emergency amendments adopted again without change effective

December 20, 1991, pursuant to A.RS. § 41-1026, valid for only 90 days (Supp. 9 1-4). Emergency amendments adopted again without change effective March 20, 1992,

pursuant to A.R.S. § 4 1-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Amended effective

August 17, 1992 (Supp. 92-3). R20-2-7l0 recodified

from R4-31-7l0 (Supp. 95-1). Former Section R20-2-710

renumbered to R20-2-708; new Section R20-2-710

renumbered from R20-2-713 and amended by final

rulemaking at 5 A.A.R. 4312, effective October 18, 1999

(Supp. 99-4).

R20-2-71 1. Alcohol-oxygenated Gasoline Storage Tank

Requirements

A. Before a person adds an alcohol-oxygenated gasoline into a

storage tank, the person shall:

1. Test the tank for the presence ofwater and, if any water is

detected, remove it from the tank; and

2. Install fuel filters designed for use with alcohol-oxygen ated gasoline in the fuel line of all dispensers that dis

pense alcohol-oxygenated gasoline blends.

B. Jf water of a mixture of alcohol and water is detected in alco

hol-oxygenated gasoline at any time in a storage tank, the

owner or operator shall empty the storage tank.

Historical Note

Former Section R4-3 1-204(I) renumbered without

June 30, 2004 Page 23 Supp. 04-2
August 17, 1992 (Supp. 92-3). P20-2-711 recodified

from R4-3 1-711 (Supp. 95-1). Former Section R20-2-7 11

renumbered to R20-2-709; new Section P20-2-711

renumbered from R20-2-715 and amended by fmal

rulemaking at 5 A.A.R. 4312, effective October 18, 1999

(Supp. 99-4).

R20-2-712. Water in Service Station Motor Fuel StorageTanks

A service station owner or operator shall ensure that water in a service station motor fuel storage tank other than an alcohol gasoline

blend, does not exceed 1” in depth when measured from the bottom

through the fill pipe. The service station owner or operator shallremove all water from the tank before delivery or sale ofmotor fuel

from that tank.

Historical Note

Former Section R4-3 1-204(J) renumbered without

change as Section R4-3 1-712 (Supp. 89-1). Section

repealed, new Section adopted effective February 21,

1990 (Supp. 90-1). Amended by emergency action

effective September 20, 1991, pursuant to A.R.S. § 41- 1026, valid for only 90 days (Supp. 91-3). Emergency

amendments adopted again without change effective

December 20, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency amendments

adopted again without change effective March 20, 1992,

pursuant to A.R.S. § 4 1-1026, valid for only 90 days

(Supp. 92-1). Emergency expired. Amended with

changes effective August 17, 1992(Supp. 92-3). R20-2-

712 recodified from R4-31-712 (Supp. 95-1). Former

Section P20-2-712 repealed; new Section R20-2-712

renumbered from P20-2-7 16 by final rulemaking at 5

A.A.R. 4312, effective October 18, 1999 (Supp. 99-4).

R20-2-713. Motor Fuel Storage Tank Labeling

A.

A service station owner or operator shall ensure that all motorfuel storage tank fill pipes and gasoline vapor return lines

located at a service station are labeled to identify the contentsaccurately as:

1. Unleaded gasoline,

2. Unleaded midgrade gasoline,3. Unleaded premium gasoline,4. No. 1 or #1 diesel fuel,

5. No. 2 or #2 diesel fuel, or

6. Gasoline vapor return.

B.

A service station owner or operator shall ensure that labels are

at least 1 1/2” x 5” with atleast 1/4” black or white block let

tering on a sharply contrasting background and that the label is

clean, visible, and legible at all times.

C.

A service station owner or operator may display other infor

mation on the reverse side of a two-sided label.

D.

A service station owner or operator shall not put motor fuelinto storage tanks without attaching the proper label.

A.

A person who owns or operates a service station shall ensure

that gasoline and gasoline-oxygenate blends offered for sale at a service station outside the CBG-covered area meet all the

ASTM

D 4814-00 requirements except:

1. The minimum vapor pressure shall be 6.4 pounds per

square inch;

2. From May I through September 30, maximum vapor

pressure shall be 9.0 pounds per square inch;

3. For gasoline blends, the vapor pressure may be one

pound per square inch greater than the vapor pressures

established by ASTM

D 48 14-00 during:

a. May 1 through September 15, if the base fuel meets

the requirements of ASTM

D 4814-00, the volatility

requirements of subsection (A)(2), and the final gas

oline-ethanol blend contains at least nine percent

ethanol by volume but does not exceed EPA waivers; and

b. September 16 through April 30, if the base fuel

meets the requirements of ASTM

D 4814-00 and the

final gasoline-ethanol blend contains at least 1.5 percent ethanol by weight and does not exceed EPAwaivers.

B.

A service station owner or operator shall ensure that the finished gasoline is visually free of water, sediment, and suspended matter and is clear and bright at ambient temperature

or 70° F (21° C), whichever is greater.

C.

A service station owner or operator shall ensure that the mini

mum octane rating determined by the test average of ASTM

D

2699 and ASTM

D 2700, also known as the R+M12 method,

is:

1. 87 for unleaded or regular;

2. 88 for midgrade, extra, or any other gasoline with an

octane rating of 88 or higher; and

3. 90 for super, high performance, premium, or any other

gasoline with an octane rating of 90 or higher.

Historical Note

Adopted as R4.-31-204(L) and renumbered as P.4-31-714

effective September 29, 1989 (Supp. 89-3) P.20-2-714

recodified from P.4-31-714 (Supp. 95-1). Former Section

R20-2-714 repealed; new Section R20-2-714 renumbered

from R20-2-7l 8 and amended by final rulemaking at 5

A.A.R. 4312, effective October 18, 1999 (Supp. 99-4).

Amended by final rulemaking at 10 A.A.R. 1690,

effective June 5, 2004 (Supp. 04-2).

R20-2-715. Motor Fuel Quality Testing Methods andRequirements

A. Unless otherwise required in A.R.S. Title 41, Chapter 15, or

this Chapter, a person testing a gasoline blend shall use the

methodologies and meet the test requirements of ASTM

D

4814-00.

B. Unless otherwise required in A.R.S. Title 41, Chapter 15, or

this Chapter, a person testing #1 or #2 diesel fuel shall use the

methodologies and meet the test requirements of ASTM

D

975-98b.

Supp. 04-2 Page 24 June 30, 2004
pp

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with changes effective August 17, 1992 (Supp. 92-3). R20-2-715 recodifled from R4-3 1-715 (Supp. 95-1). Former Section 20-2-715 renumbered to R20-2-71 1; new

Section R20-2-715 renumbered from R20-2-720 and

amended by final rulemaking at 5 A.A.R. 4312, effective

October 18, 1999 (Supp. 99-4). Amended by final rulemaking at 10 A.A.R. 1690, effective June 5, 2004

(Supp. 04-2).

R20-2-716. Sampling and Access to Records

A. The Department shall obtain motor fuel samples for testing from:

1. The same dispenser used for sales to customers;

2. The same dispenser used for dispensing motor fuel into

fleet vehicles;

3.

A bulk storage facility;

4.

A common carrier having custody of motor fuel, includ

ing Arizona CBG or AZRBOB;

5.

A tmnsporter of Arizona CBG or AZRBOB;

6.

A fmal distribution facility;

7.

A third-party terminal having custody of Arizona CBG or

AZRBOB; or

8. An oxygenate blender or registered supplier. B.

A person required by this Article to maintain records relating

to the production, importation, blending, transport, distribu tion, or delivery of Arizona CBG or AZRBOB shall ensure

that the records are available for Department inspection.

Historical Note

Adopted as R4-3 1-204(N) and renumbered as R4-3 1-7 16

effective September 29, 1989 (Supp. 89-3). Repealed effective October 12, 1990 (Supp. 90-4). New Section

R4-31-716 adopted effective August 17, 1992 (Supp. 92- 3). R20-2-716 recodified from R4-31-7l6 (Supp. 95-1). Former Section R20-2-716 renumbered to R20-2-712;

new Section R20-2-716 renumbered from R20-2-72 1 and

amended by final rulemaking at 5 A.A.R. 4312, effective

October 18, 1999 (Supp. 99-4).

R20-2-717. Hold-open Latch Exception If a service station owner or operator has a motor fuel nozzleequipped with a hold-open latch, the latch shall operate according to the manufacturer’s specifications.

Historical Note

Adopted effective October 19, 1989 (Supp. 89-4). Amended effective August 17, 1992 (Supp. 92-3). R20-2-

717 recodified from R4-31-717 (Supp. 95-1). Section

R20-2-717 renumbered to R20-2-7 13 by final rulemaking

at 5 A.A.R. 4312, effective October 18, 1999 (Supp. 99- 4). New Section made by final rulemaking at 10 A.A.R.

1690, effective June 5, 2004 (Supp. 04-2).

R20-2-718. Renumbered

Historical Note

Former Section R4-3 1-205(B) renumbered without

pursuant to A.R.S. § 4 1

1026, valid for only 90 days (Supp. 92-1). Emergency expired. Amended with changes effective August 17, 1992 (Supp. 92-3). R20-2-7l 8

recodifled from R4-3l-718 (Supp. 95-1). Section R20-2-

718 renumbered to R20-2-7l4 by final rulemaking at 5 A.A.R. 4312, effective October 18, 1999 (Supp. 99-4).

R20-2-719. Repealed

Historical Note

Former Section R4-3l-205(C) and (D) renumbered with

out change as R4-31-7l9 (Supp. 89-1). Amended as R4-

31-205(C) and (D) and incorporated into R4-3 1-719

effective September 29, 1989 (Supp. 89-3). Amended

effective August 17, 1992 (Supp. 92-3). R20-2-7l9

recodified from R4-3 1-7 19 (Supp. 95-1). Section

repealed by final rulemaking at 5 A.A.R. 4312, effective

October 18, 1999 (Supp. 99-4).

R20-2-720 Renumbered

Historical Note

Former Section R4-31-205(E) renumbered without

change as R4-3 1-720 (Supp. 89-1). Amended effective

August 17, 1992 (Supp. 92-3). R20-2-720 recodified

from R4-3 1-720 (Supp. 95-1). Section R20-2-720 renum

bered to R20-2-715 by final rulemaking at 5 A.A.R.

4312, effective October 18, 1999 (Supp. 99-4).

R20-2-72L Renumbered

Historical Note

Former Section R4-3 1-205(F) renumbered without

change as R4-31-721 (Supp. 89-1). Amended as R4-3 1-

205(F) and incorporated into R4-3 1-72 1 effective Sep tember 29, 1989 (Supp. 89-3). Amended effective Octo

ber 12, 1990 (Supp. 90-4). Heading amended effective

August 17, 1992 (Supp. 92-3). R20-2-721 recodifled

from R4-3 1-72 1 (Supp. 95-1). Amended effective under

an exemption from the provisions of A.R.S. Title 41,

Chapter 6, with an interim effective date of September 12, 1997 (Supp. 97-3). Interim amendment expired and

was automatically repealed on the date the permanent rules became effective pursuant to Laws 1997, Ch. 117;

Section permanently amended October 1, 1998; filed in

the Office ofthe Secretary of State September 9, 1998

(Supp. 98-3). Section R20-2-721 renumbered to R20-2-

716 by final rulemaking at 5 A.A.R. 4312, effective Octo

ber 18, 1999 (Supp. 99-4).

R20-2-722. Reserved

through

R20-2-749. Reserved

Editor’s Note: The following Section was adopted under an exemption from the provisions of A.R.S. Title 41, Chapter 6,

pursuant to Laws 1997, Chapter 117, 3. Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit these rules to the Governor’s Regulatory Review Councilfor review and

June 30, 2004 Page 25 Supp. 04-2
1. A refiner who produces Arizona CBG or AZRBOB;

2. An importer who imports Arizona CBG or AZRBOB;

3. An oxygenate blender who blends oxygenate with AZR

BOB to produce Arizona CBG; or

4.

A pipeline or third-party terminal who has custody of

Arizona CBG or AZRBOB.

B.

A person listed in subsection (A) shall register on a form pre

scribed by the Director and shall include the following infor mation:

I. Business name, business address, and contact name and

telephone number,

2. For each separate refinery and oxygenate blending facil

ity, the facility name, physical location, contact name,

telephone number, and type offacility;

3. For each separate refinery and oxygenate blending facil

ity, and for each importer:a. The location of the records required under this Arti

cle. Ifrecords are kept off-site, the primary off-sitestorage facility name, physical location, contact

name, and telephone number, and

b. If an independent laboratory is used to meet the

requirements of R20-2-752(F), the name, address,

contact name, and telephone number pfthe indepen

dent laboratory.

4. If required under 40 CFR 80.76(d), the EPA registration number, and

5.

A statement of the registrant’s consent permitting the

Department or its authorized agent to collect samples andaccess records as provided in R20-2-7l 6.

C. Changes to any information in subsection (B) shall be sent to

the Director not later than 10 days after the effective date of

the change.

D. If a refiner, importer, or oxygenate blender fails to register

under this Section, all Arizona CBG or AZRBOB transported

to the CBG covered area is presumed noncomplying from the date that the regisiration should have occurred.

E. The Department shall maintain a listing of all registered sup pliers.

Historical Note

Adopted effective under an exemption from the provi

sions of A.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption expired and was automatically repealed on the

date the permanent rules became effective pursuant to

Laws 1997, Ch. 117; Section permanently adopted with

changes October 1, 1998; filed in the Office ofthe Secre

tary of State September 9, 1998 (Supp. 98-3). Amended

by final rulemaking at 5 A.A.R. 4214, effective Septem

ber 22, 1999 (Supp. 99-3).

Editor’s Note: The following Section was adopted under an

exemption from the provisions of A.R.S. Title 41, Chapter 6,

pursuant to Laws 1997, Chapter 117, 3. Exemption from A.RS.

Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s RegulatoryReview Coundilfor review and

tors and fleet owners.

Fuel Property/Performance Standard -Limits

1. Sulfur 500 ppm by weight (max)

2. Aromatics: 50% by volume (max)

3. Olefins: 25% by volume (max)

4. E200: 70-30% volume

5. E300: 100-70% volume

6. Maximum Vapor Pressure

a. October 1 - March 31: 9.0 pounds per square inch

(psi)

b. April:l0.Opsi

c. May:9.Opsi

d. June 1 - September 30: 7.0 psi

7. Oxygen and Oxygenates

a. Minimum Content:

i. November 1 - March 31: 10% ethanol by vol

ume

If A.R.S. § 41-2124(E) petition in effect: 2.7%

oxygen by weight (other than ethanol)

ii. April 1 - October 31: 0% by weight (any oxy

genate)

b. The maximum oxygen content shall not exceed

4.0% by weight for ethanol and 3.5% by weight for

other oxygenates, and shall comply with the require

meats of A.R.S. §41-2123.

8. Federal Complex Model VOC Emissions Reduction Per

centage

May I through September 15: 25.0% (Federal Complex Model settings: Summer, Area Class B, Phase 2)

B. Wintertime requirements. In addition to the other requirements

of this Article, beginning November 2 through March 31 of

each year, all Arizona CBG shall meet the following require

ments. The dates in this subsection are compliance dates for

service station operators and fleet owners.

Fuel Property

I. Sulfur

2. Aromatics3. Olefms

Limits

80 ppm by weight (max)

30% by volume (max)

10% by volume (max)

4. 90% Distillation Temp. (T90) 330°

F (max)

5. 50% Distillation Temp. (T50) 220° F (max)

6. Vapor Pressure

7. Oxygenate -Ethanol

9.0 psi (max)

a. Minimum oxygenate content - 10% ethanol by vol

ume

b. Maximum oxygen content - 4.0% oxygen by weight,

and shall comply with the requirements of A.R.S. § 41-2123.

c. Alternative oxygenates may be used if approved by

the Director under A.R.S. § 41-2124(D). C. General Elections. Except as provided in subsection (D), all

registered suppliers shall make an initial election, and a subse

Supp. 04-2 Page 26 June 30, 2004
a CBG or AZRBOB will comply with the average standards or per-gallon standards.

A registered supplier shall not elect to comply with average standards unless

the registered supplier is in compliance with R20-2-760(A) registered supplier shall not elect to com

ply with Type I average standards in Table I, columns

B

and C, from September 16 through November 1 and April

1 through April 30.

I). Winter elections. Beginning November 2 through March 31 of each year, all Arizona CBG or AZRBOB shall comply with Type 2 gasoline requirements or the PM alternative gasoline formulation requirements under Table 2. All registered suppli

ers shall make an initial election, and a subsequent election each time a change occurs, before the beginning oftransport of the Arizona CBG or AZRBOB. Registered suppliers shall make the election with the Director on a form or in a format

prescribed by the Director. The election shall state:

I. Whether the registered supplier (at each point where the Arizona CBG or AZRBOB is certified) will supply Ari

zona CBG or AZRBOB that complies with the Type 2 gasoline or the PM alternative gasoline formulation requirements; and

2. For each applicable fuel property, whether the Arizona CBG or AZRBOB will comply with the average stan dards or per gallon standards.

E. Certification as Type 1 or Type 2. Registered suppliers shall certify Arizona CBG or AZRBOB under R20-2-752 as meet

ing all requirements of the election made in subsection (C) or (D). Type I gasoline shall comply with the requirements in either column A, or columns

B through

D of Table 1, and shall be certified using the Federal Complex Model. For each fuel

property, Type 2 gasoline shall comply with the requirements of columns

A and

B (averaging option), or column

C in Table

2. The PM alternative gasoline formulation shall meet the

requirements of subsections (F), (G), and (H), and column

A

ofTable 2.

F. Certification and Use of Predictive Model for Alternative PM

Gasoline Formulations.

1. Except as provided in subsections (FX4) and (H), the use of the PM shall be as provided in the Predictive Model

Procedures.

2.

A registered supplier shall certify a PM alternative gaso line formulation with the Director by either:

a. Submitting to the Director a complete copy of the documentation provided to the executive officer of

the California Air Resources Board according to 13 California Code of Regulations, Section 2264 and

subsection (H); or

b. Notifying the Director, on a form prescribed by or in

a format acceptable to the Director, of:

1. The PM alternative specifications that apply to the final blend, including for each specification whether it is a PM flat limit or a PM averaging limit; and

ity a final blend of Arizona CBG as a PM alternative

gasoline formulation if the registered supplier has

any outstanding requirements to provide offsets for fuel properties at the same production or import facility under subsection (1).

b. If a registered supplier elects to sell or supply from its production or import facility a final blend of Ari

zona CBG as a PM alternative gasoline formulation subject to aPM averaging compliance option for one

or more fuel properties, the registered supplier may not elect any other compliance option, including another PM alternative gasoline formulation, if out

standing requirements to provide offsets for fuel properties exist under the provisions of subsection(I). This subsection shall not preclude a registered supplier from electing another PM alternative gaso line formulation if:

i. The PM flat limit for one or more fuel proper ties is changed to a PM averaging limit, or a single PM averaging limit for which there are

no outstanding requirements to provide offsets,

is changed to a PM flat limit;

ii. There are no changes to the PM alternative

specifications for remaining fuel properties; and

iii. The new PM alternative formulation meets the

criteria in the Predictive Model Procedures.

c. Once a registered supplier elects to sell or supply from its production or import facility a final blend of

Arizona CBG as a PM alternative gasoline formula tion, the registered supplier may not use a previously assigned designated alternative limit for a fuel prop

erty to provide offsets under subsection (I).

d. If a registered supplier notifies the Director under

subsection (C) or (D) that a final blend of Arizona

CBG is sold or supplied from a production or import facility as a PM alternative gasoline formulation, all final blends of Arizona CBG or AZRBOB subse

quently sold or supplied from that production or import facility are subject to the same PM alternative specifications until the registered supplier either:i. Designates a final blend at that facility as a PM alternative gasoline formulation subject to dif ferent PM alternative specifications, or ii. Elects, under subsection (C) or (D), a final

blend at that facility subject to a flat limit com

pliance option or an averaging compliance option.

G. Prohibited activities regarding PM alternative gasoline formu lations.

A registered supplier shall not sell, offer for sale, supply,

or offer to supply from its production or import facility Arizona CBG that is reported as a PM alternative gaso

June 30, 2004 Page 27 Supp. 04-2
pp

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,

i. The gasoline exceeds the applicable PM aver

age limit in Table 2, column B, and no desig

nated alternative limit for the fuel property is

established for the gasoline in accordance with

subsection (F)(2); or

ii.

A designated alternative limit for the fuel prop

erty is established for the gasoline in accor

dance with subsection (F)(2), and either of the

following occur: the gasoline exceeds the des

ignated alternative limit for the fuel property,or when the designated alternative limit for the

fuel property exceeds the PM averaging limit,

the exceedance is not fully offset in accordance

with subsection (I).

IL Oxygen content requirements for PM alternative gasoline for

mulations. All alternative PM gasoline formulations fromNovember 1 through March 31 shall comply with oxygen con

tent requirements for the CBG covered area. Regardless ofthe

oxygen content, the final alternative PM gasoline formulation

shall be certified using the PM with a minimum oxygen content of 2.0% by weight.

Offsetting Fuel Properties and Performance Standards. Each

registered supplier who elects to comply with the averaging

standards for any of the fuel properties or performance stan

dards contained in Tables I or 2, or the PM, shall completephysical transfer from the same production or import facility

of certified Arizona CBG or AZRBOB in sufficient quantity to

offset the amount by which the gasoline exceeds the averagingstandard according to the following schedule:

1. Registered suppliers electing averaging standards con

tained in Table 2 or the PM shall offset each exceeded

average standard within 90 days before or after the begin

ning of transport of any final blend of Arizona CBG or

AZRBOB from a production or import facility;

2. Registered suppliers electing to comply with the averag

ing standard for the VOC Emission Reduction Percentage

in Table 1, column B, shall offset an exceedance of the

standards that occurs from May 1 to September 15 ofeach calendar year during that same time period; and

3. Registered suppliers electing to comply with the averag

ing standard for the NOx Emission Reduction Percentage

contained in Table 1, column B, shall offset an exceedance of the summer standard that occurs from May 1 to

September 15 of each calendar year during that same time

period.

J Consequence of failure to comply with averages.

1. In addition to a penalty, if any, under R20-2-762, a regis

tered supplier who fails to comply with the requirements

of subsection (I) shall meet the applicable per-gallon

standards contained in Table 1, Table 2, or for any alter

native PM gasoline formulation, for a probationary

period as follows:

a. For registered suppliers electing to comply with the

standards contained in Table I, the probationary

pp

a

y t

e Director in writing of the

beginning date of the probationary period. The pro

bationary period shall be 90 days.

2.

A registered supplier may not produce or import Arizona

CBG or AZRBOB under an averaging compliance elec

tion until:

a. The registered supplier submits a compliance plan to

the Director that includes:

i. An implementation schedule for actions to cor

rect noncompliance, and

ii. Reporting requirements that document the plan

implementation;

b. The Director approves the plan;

c. The registered supplier implements the plan; and

d. The registered supplier achieves compliance.

3. If a registered supplier fails to comply with the require

ments of subsection (I) within one year of the end of a

probationary period under subsection (J)(l), the regis

tered supplier shall comply with applicable per-gallonstandards for a subsequent probationary period of two

years, or until the conditions in subsection (J)(2) are satis

fied, whichever is later.

a. If a registered supplier elects compliance with the

Table 1 standards, the probationary period begins on

the first day of the next corresponding averaging

season.

b. If a registered supplier elects compliance with the

Table 2 standards or the PM, the probationary period

begins no later than 90 days after the registered sup

plier determines, or receives notice from the Director, that the registered supplier did not comply with

the requirements ofsubsection (I). Before the proba

tionary period begins, the registered supplier shallnotify the Director in writing of the beginning date

ofthe probationary period.

4. If a registered supplier fails to comply with the require

ments of subsection (1) within one year of the end of a

probationary period provided under subsection (3X3), the registered supplier shall permanently comply with appli

cable per-gallon standards.

K Effect of VOC survey failure. Each time the CBG covered

area fails a VOC survey conducted under R20-2-760, the VOC

emissions performance reduction in R20-2-75 1 (A)(8) and the

minimum per-gallon VOC emission reduction percentage in

Table 1, column

C shall be increased by an absolute 1.0%, not

to exceed the VOC percent emissions reduction percentage

per-gallon standard in Table 1, column A.

L. Effect ofNOx survey failure. Each time the CBG covered area

fails a NOx survey conducted under R20-2-760, the NOx aver

age emission reduction percentage applicable to the period of

May I through September 15 in Table I, column B shall be

increased by an absolute 1.0%.

M. Subsequent survey compliance. If the minimum VOC emis

sion reduction percentage or average NOx emissions reduction

percentage has been made more stringent according to subsec

Supp. 04-2 Page 28 June 30, 2004
q

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ssions

reduction percentage is made less stringent under subsection (M) and the CBG covered area fails a subsequent VOC or NOx survey:

1. For a VOC survey failure, the Federal Complex Model VOC emissions reduction percentage in R20-2-75 I (A)(8) and the minimum per gallon VOC emission reduction

percentage in Table I, column

C shall be increased by an absolute 1.0%, not to exceed the VOC percent emissions reduction percentage per gallon standard in Table 1, col

urnn A;

2. For a NOx survey failure, the NOx average emission reduction percentage applicable to the period of May 1 through September 15 in Table 1, column

B shall be

increased by an absolute 1.0%; and

3. The VOC or NOx emission reduction percentage for the performance standard shall not be made less stringent regardless of the results of subsequent surveys for that performance standard.

0. Effective date for adjusted standards. If a performance stan dard is adjusted by operation of subsections (K), (L), (M) or (N), the effective date for the change shall begin with the next averaging season for which the standard is applicable.

Historical Note

Adopted effective under an exemption from the provisions of A.R.S. Title 41, Chapter 6, with an interim effective

date of September 12, 1997 (Supp. 97-3). Interim adoption expired and was automatically repealed on the date the

permanent rules became effective pursuant to Laws 1997,

Ch. 117; Section permanently adopted with changes Octo ber 1, 1998; filed in the Office ofthe Secretary of State September 9, 1998 (Supp. 98-3). Amended by final rule making at 5 A.A.R. 4214, effective September22, 1999 (Supp. 99-3). Amended by final rulemaking at 7 A.A.R.

1025, effective February 9, 2001 (Supp. 01-I).

Editor’s Note: The following Section was adopted under an exemption from the provisions of A.R.S. Title 41, Chapter 6,

pursuant to Laws 1997, Chapter 117, 3. Exemptionfrom AJLS. Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s Regulatory Review Councilfor review and

approval Although exempt from certain provisions of the Administrative Procedure Act; the Department was required to publish these rules in the Arizona Administrative Register and provide reasonable notice and at least one public hearing on the rules (Supp. 97-3). The exempt rules expired when the Section

was repealed under the regular rulemaking process (Supp. 98-3).

R20-2-751.01. Repealed

Historical Note

Adopted effective under an exemption from the provi sions of A.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption repealed October 1, 1998, under Laws 1997, Ch.

rules (Supp. 9 7-3). The exempt rules expired when the Section

was permanently adopted with changes (Supp. 98-3).

R20-2-752. General Requirements for Registered Suppliers A.

A registered supplier shall certify that each batch of Arizona

CBG or AZRBOB transported for sale or use in the CBG cov

ered area meets the standards in this Article.

B. The registered supplier shall sign the certification on a form or

in a format prescribed by the Director. The certification shall

include information on the shipment volumes, fuel properties

as determined under R20-2-759, and performance standards for each batch of Arizona CBG or AZRBOB. For each batch

transported, the registered supplier shall submit the certifica

tion to the Director on or before the 15th day of each month for the Arizona CBG or AZRBOB transported during the previous month.

C. Recordkeeping and records retention.

1. Each registered supplier who samples and analyzes a final blend or shipment of Arizona CBG or AZRBOB

under this Section shall maintain, for five years from the date of each sampling, records of the following

a. Sample date;

b. Identity of blend or product sampled;

c. Container or other vessel sampled;

d. The final blend or shipment volume; and

e. The sulfur, aromatic hydrocarbon, olefin, oxygen, RVP, and as applicable, T50, T90, E200 and E300

as determined under R20-2-759.

2. All Arizona CBG or AZRBOB produced or imported by

a registered supplier, that is not tested as required by this Section, shall be deemed to have a RVP, sulfur, aromatic

hydrocarbon, olefin, oxygen, T50, and T90 exceeding the standards specified in R20-2-75 1, or exceeding the com parable PM averaging limits, unless the registered sup plier demonstrates to the Director that the Arizona CBGor AZRBOB meets all applicable standards and limits for

fuel properties and performance standards.

3.

A registered supplier shall provide to the Director any records maintained by the registered supplier under this subsection within 20 days of a written request from the Director. If a registered supplier fails to provide records for a blend or shipment of Arizona CBG or AZRBOB

wider this Section, the final blend or shipment of Arizona CBG or AZRBOB shall be deemed supplied in violation of R20-2-75l, unless the registered supplier demonstrates

to the Director that the Arizona CBG or AZRBOB meets

all applicable standards and limits for fuel properties and performance standards.

D. Notification requirement.

A registered supplier shall notif’ the Director by facsimile prior to the beginning of transport of Arizona CBG or AZRBOB into the CBG covered area by a

means other than a pipeline.

E. Quality Assurance and Quality Control (QA/QC) Program.

A

registered supplier shall develop a QAIQC program to demon

strate the accuracy and effectiveness of the registered supJune 30, 2004 Page 29 Supp. 04-2
p

a. Option 1. A registered supplier shall, for each batch

of Arizona CBG or AZRBOB produced or imported,

have an independent laboratory collect and analyze a

representative sample from the batch using the

methodology specified in R20-2-759 for compliance

with each fuel property or performance standard for

which the Arizona CBG or AZRBOB is certified.

b. Option 2.

A registered supplier shall have an inde

pendent testing program for all Arizona CBG or

AZRBOB produced or imported that consists of the

following:i. An independent laboratory shall collect a repre

sentative sample from each batch;

ii. The Director or designee shall identif’ up to

10% of the total number of samples collected

under subsection (F)(l)(b)(i) for analysis; and

iii. The designated independent laboratory shall,

for each sample identified by the Director or

designee, analyze the sample using methodol

ogy specified in R20-2-759 for compliance

with each fuel property or performance stan

dard for which the batch is certified.

The Director or designee may request a portion of the

batch sample collected under subsection (a) or (b) for

analysis by a laboratory selected by the Director or desig

nee. The registered supplier shall submit the sample to

the Director within 24 hours ofwritten request.

2. Designation of Independent Laboratory.

a.

A registered supplier who does not comply with sub

section (E) shall designate one independent labora

tory for each production or import facility at which

Arizona CBG or AZRBOB is produced or imported.

The independent laboratory shall collect samples

and perform analyses according to subsection (F).

b.

A registered supplier shall identif’ the designatedindependent laboratory to the Director under the reg

istration requirements of R20-2-750.

c.

A laboratory is considered independent if:

i. The laboratory is not operated by a registered

supplier or the registered supplier’s subsidiary

or employee;

ii. The laboratory does not have any interest in

any registered supplier, and

iii. The registered supplier does not have any inter

est in the laboratory.

Notwithstanding the restrictions in subsections

(F)(2)(c)(i) through (iii), the Director shall consider

a laboratory independent if it is owned or operated

by a gasoline pipeline company owned or operated

by four or more producers or importers.

d.

A registered supplier shall not use a laboratory that

is debarred, suspended, or proposed for debarmentaccording to the Government-wide Debarment andSuspension regulations, 40 CFR 32, or the Debar

the time the sample is collected;

iv. The date and time the batch became Arizona

CBG or AZRBOB, and the date and time thesample is collected;

v. The grade of the batch (for example, unleaded

premium, unleaded mid-grade, or unleaded);

and

vi. For Arizona CBG or AZRBOB produced by

computer-controlled in-line blending, the dateand time the blending process began and thedate and time the blending process ended,

unless exempt under subsection (0);

b. Retain each sample collected under this subsection

for at least 45 days, except this time may be

extended up to 180 days upon request by the Director;

c. Submit to the Director a quarterly report on the 15th

day of January, April, July, and October of eachyear. The report shall include, for each sample of

Arizona CBG or AZRBOB analyzed under subsection (F):

i. The results of the independent laboratory’s

analyses for each fuel property, and

ii. The information specified in subsection

(F)(3)(a) for each sample; and

d. Supply to the Director, upon request, a portion ofthe

sample.

G. Exemptions to QA/QC and Independent Laboratory Testing

Requirements.

A registered supplier who produces or imports

Arizona CBG using computer-controlled in-line blending

equipment and is operating under an exemption from EPAunder 40 CFR 80.65(f)(4), is exempt from the requirements of

subsections (B) and (F), provided that reports of the results of

the independent audit program of the refiner’s computer-controlled in-line blending operation submitted to EPA under 40

CFR 80.65(0(4), are submitted to the Director by March 1 of

each year.

H. Use of Laboratory Analysis for Certification of Arizona CBG

and AZRBOB.

If both a registered supplier and an independent labora

tory collect a sample and perform a laboratory analysis to

determine a fuel property for the same batch for compli

ance with subsection (F), the results of the analysis con

ducted by the registered supplier shall be used for

certification ofthe Arizona CEO or AZRBOB under sub

section (B), unless the absolute value of the difference

between the two laboratory test results is larger than the

following:

Fuel Property

a. Sulfur content

b. Aromatics

c. Olefins

d. Ethanol

Range

25 ppm by weight

2.7% by volume2.5% by volume0.4% by volume

Supp. 04-2 Page 30 June 30, 2004
m. E200 2.5% by volume

n. E300 3.5% by volumeo. API gravity 0.3° API

2. If the absolute value of the differences of the results of

the analyses conducted by the registered supplier and

independent laboratory is larger than the values specifiedin subsection (H)(1), the registered supplier shall use thefollowing laboratory testing results for certification ofArizona CBG or AZRBOB under subsection (B):

a. The larger of the two values for the fuel property,

except that the smaller of the two values shall be

used for oxygenates; or

b. The registered supplier shall have one additional

independent laboratory analyze the Arizona CBG orAZRBOB for the fuel property. If the laboratoryresults obtained by the additional independent laboratory is within the range listed in this subsection as

compared to the results obtained by the registered

supplier, the registered supplier’s laboratory analysis results shall be used for Arizona CBG or AZR

BOB certification under subsection (B).

Historical Note

Adopted effective under an exemption from the provi

sions of A.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption expired and was automatically repealed on the

date the permanent rules became effective pursuant to

Laws 1997, Cli. 117; Section permanently adopted with

changes October 1, 1998; fIled in the Office ofthe Secre

tary of State September 9, 1998 (Supp. 98-3). Amended

by final rulemaking at 5 A.A.R. 4214, effective Septem

ber 22, 1999 (Supp. 99-3).

Editor’s Note: The following Section was adopted under an

exemption from the provisions of A.RS. Title 41, Chapter 6,

pursuant to Laws 1997, Chapter 117, 3. Exemption from A.R.S.

Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s Regulatory Review Councilfor review andapprovaL Although exempt from certain provisions of the

Administrative Procedure Act the Department was required to

publish these rides in the Arizona Administrative Register and

provide reasonable notice and at least one public hearing on the

rules (Supp. 97-3). The exempt rules expired when the Section

was permanently adopted with changes (Supp. 98-3).R20-2-753. General Requirements for Pipelines and Thirdparty TerminalsA.

A pipeline or third-party terminal shall not accept Arizona

CBG or AZRBOB for transport unless:

I. The Arizona CBG or AZRBOB is physically transferred

from an importer, refiner, oxygenate blender, pipeline, orthird-party terminal registered with the Department under

R20-2-750; and

p

g 

each input location.

D.

A pipeline shall provide the Director with a report sunimariz

ing the laboratory testing results required in subsection (C)within 10 days of the end of each month. The report shall con

tain the quantity of Arizona CBG or AZRBOB, date tendered,whether the Arizona CBG or AZRBOB was transported bypipeline, present sample location, and laboratory analysis

results.

E. If any batch does not meet the standards in R20-2-75 1(A) or

(B), as applicable, but is within reproducibility, the pipelineshall notify the Director by facsimile within 48 hours with the

batch volume and date tendered, proposed shipment date,

whether the batch was transported by the pipeline, present

batch location, and laboratory analysis results.

F. If any batch does not meet the standards in R20-2-75 1(A) or

(B), as applicable, including reproducibility, the pipeline orthird-party terminal shall notify the Director by facsimile

within 24 hours with the quantity and date tendered, proposed

shipment date, whether the batch was transported by the pipeline, present batch location, and laboratory analysis results. If

the batch is in the pipeline’s or third-party terminal’s control,

the pipeline or third-party terminal shall stop the release ofthebatch from a distribution point until the batch is certified asmeeting the standards in R20-2-75l(A) or (B), as applicable.

G. The pipeline or third-party terminal shall develop a QAIQC

program to demonstrate the accuracy and effectiveness ofthepipeline’s or third-party terminal’s laboratory testing. The QAJ

QC program for third-party terminals shall include a description of the laboratory testing protocol used to verify that Ari

zona CBG or AZRBOB transported to the CBG covered area,

meets the standards in R20-2-75l(A) or (B). The pipeline or

third party terminal shall submit the QAJQC to the Director forapproval at least three months before the first date the pipelineor third-party terminal transports Arizona CBG or AZRBOB.

H.

A portion of a facility that a third-party terminal uses for production, import, or oxygenate blending is exempt from this

Section, but shall be operated in compliance with requirements

for registered suppliers in R20-2-752 and oxygenate blendersin R20-2-755, as applicable.

A pipeline is not liable under R.20-2-761 if it follows all of the

procedures in this Section.

Historical Note

Adopted effective under an exemption from the provi

sions of A.R..S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption expired and was automatically repealed on the

date the permanent rules became effective pursuant to

Laws 1997, Ch. 117; Section permanently adopted with

changes October 1, 1998; filed in the Office ofthe Secre

tary of State September 9, 1998 (Supp. 98-3). Amended

by final rulemaking at 5 A.A.R. 4214, effective Septem

ber 22, 1999 (Supp. 99-3).

June 30, 2004 Page 31 Supp. 04-2
R20

2

754. Downstream Blending Exceptions for Transmix

A. Pipelines may blend transmix into Arizona CBG or AZRBOB

at a rate not to exceed 1/4 of 1% by volume. Each pipelineshall document the transmix blending (recording each batch

and volume of transmix blended) and maintain the records at

the terminal for two years from the date of blending.

B. One oftwo methods shall be used to measure the transrnix as it

is blended into the product stream:

I. Meters, calibrated at least twice each year; or

2. Tank gauge as per API Manual of Petroleum Measure

ment Standards, Chapters 3.IA (1st edition, December

1994) and 3.lB (1st edition, April 1992), incorporated by

reference and on file with the Department and the Office

of the Secretary of State.

A copy may also be obtained at

American Petroleum Institute, 1220

L St., N.W., Wash

ington, D.C. 20045-4070. This incorporation by reference

contains no future editions or amendments.

Historical Note

Adopted effective under an exemption from the provi

sions of A.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption expired and was automatically repealed on the

date the permanent rules became effective pursuant to

Laws 1997, Ch. 117; Section permanently adopted with

changes October 1, 1998; filed in the Office ofthe Secre

tary of State September 9, 1998 (Supp. 98-3). Amended

by final rulemaking at 5 A.A.R. 4214, effective Septem

ber 22, 1999 (Supp. 99-3).

Editor’s Note: The following Section was adopted under an

exemption from the provisions of A.R.S. Title 41, Chapter 6,

pursuant to Laws 1997, Chapter 117, 3. Exemptionfrom A.LS.

Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s Regulatory Review Councilforreview andapprovaL Although exempt from certain provisions of the

Administrative Procedure Act, the Department was required to

publish these rules in the Arizona Administrative Register andprovide reasonable notice and at least one public hearing on the

rules (Supp. 97-3). The exempt rules expired when the Section

was permanently adopted with changes (Supp. 98-3).

R20-2-755. Additional Requirements for AZRBOB and

Downstream Oxygenate Blending

A. Application of Arizona CBG standards to AZRBOB.

1. Determining whether AZRBOB complies with Arizona

CBG standards.

a. If a registered supplier designates a final blend as

AZRBOB and complies with the provisions of this

Section, the fuel properties and performance stan

dards of the final blend for purposes of compliance

with Tables I or 2 are determined by adding the

specified type and amount of oxygenate to a repre

sentative sample of the AZRBOB and determining

the fuel properties and performance standards of theresulting gasoline according to the test methods in

R20-2-759. If the registered supplier designates a

g 

p

Arizona CBG standards, the oxygenate added shallbe representative of the oxygenate the registered

supplier reasonably expects will be subsequently

added to the final blend.

2. Calculating the volume of a fmal blend of AZRBOB. If a

registered supplier designates a final blend as AZRBOB

and complies this Section, the volume of a final blend iscalculated for compliance purposes under R20-2-751 by

adding the minimum designated amount ofthe oxygenate

having the smallest volume designated by the registered

supplier. If a registered supplier fails to comply with thissubsection, the volume of the final blend for purposes ofcompliance with applicable fuel property standards shall

be calculated without adding the amount of oxygenate tothe AZRBOB.

B. Restrictions on transferring AZRBOB.

1. A person shall not transfer ownership or custody ofAZR

BOB to any other person unless the transferee notifies the

transferor in writing that:

a. The transferee is a registered oxygenate blender and

will add oxygenate of the types and amount (orwithin the range of amounts) designated in R20-2-

757 before the AZRBOB is transferred from a finaldistribution facility, or

b. The transferee will take all reasonably prudent steps

necessary to ensure that the AZRBOB is transferredto a registered oxygen blender who adds the type

and amount (or within the range of amounts) of oxygenate designated in R20-2-757 to the AZRBOBbefore the AZRBOB is transferred from a final distribution facility.

2.

A person shall not sell or supply AZRBOB from a finaldistribution facility if the type and amount or range of

amounts of oxygenate designated in R20-2-757 have notbeen added to the AZRBOB.

C. Restrictions on blending AZRBOB with other products.

A per

son shall not combine any AZRBOB supplied from the facility

at which it is produced or imported with any other AZRBOB,gasoline, blendstock, or oxygenate, except for:

I. Oxygenate ofthe type and amount (or within the range of

amounts) specified by the registered supplier at the time

the AZRBOB is supplied from the production or import

facility, or

2. Other AZRBOB for which the same oxygenate type and

amount (or range of amounts) is specified by the regis

tered supplier at the time the AZRBOB is supplied from

the production or import facility.

D. Quality Assurance Sampling and Testing requirements for a

registered supplier supplying AZRBOB from a production or

import facility.

A registered supplier supplying AZRBOB

from a production or import facility shall conduct a quality

assurance sampling and testing program that meets the

requirements of 40 CFR 80.69(a)(7), as it existed on July 1,

1996, except:

Supp. 04-2 Page 32 June 30,2004
copy may be obtained at: U.S. Government PrintingOffice, Superintendent of Documents, Mail Stop: SSOP,Washington, D.C. 20402-9328.

E. Requirements for oxygenate blenders.

Requirement to add oxygenate to AZRBOB. If an oxy

genate blender receives AZRBOB from a transferor towhom the oxygenate blender has represented that oxy

genate will be added to the AZRBOB, the oxygenate

blender shall add to the AZRBOB oxygenate ofthe types

and amount (or within the range of amounts) identified in

the documentation accompanying the AZRBOB.

2. Additional requirements for oxygenate blending at termi

nals. An oxygenate blender who makes a final blend ofArizona CBG by blending an oxygenate with any AZR

BOB in a motor fuel storage tank, other than a truck usedfor delivering motor fuel to retail outlets or bulk pur

chaser-consumer facilities, shall determine the oxygencontent and volume ofthe Arizona CBG before shipping,

by collecting and analyzing a representative sample,

using the methodology in R20-2-759.

3. Additional requirements for oxygenate blending in

trucks. An oxygenate blender who blends AZRBOB in a

motor fuel delivery truck shall conduct quality assurance

sampling and testing that meets the requirements in 40

CFR 80.69(e)(2), as it existed on July 1, 1996, except:

a. 40 CFR 80.69(e)(2). The word “RBOB” is changed

to read “AZRBOB”;

b. 40 CFR 80.69(e)(2)(iv). “... using the testing meth

odology specified at § 80.46 ...“ is changed to read“... using the testing methodology specified in R20-2-759...”; and

c. 40 CFR 80.69(e)(2)(v). “(within the ranges specified

in § 80.70(b)(2)(I),)” is changed to read “(within the

ranges of the applicable test methods)”. 40 CFR

80.69(e)(2), as it existed on July 1, 1996, is incorpo

rated by reference and on file with the Department

and the Office of the Secretary of State. This incor

poration by reference contains no future editions or

amendments.

A copy may be obtained at: U.S. Gov

ernment Printing Office, Superintendent of Docu

ments, Mail Stop: SSOP, Washington, D.C. 20402-

9328.

4. Additional requirements for in-line oxygenate blending in

pipelines using computer-controlled blending.

a. An oxygenate blender who produces Arizona CBG

by blending oxygenate with AZRBOB into a pipe

line using computer-controlled in-line blending

shall, for each batch of Arizona CBG produced:I. Obtain a flow proportional composite sample

after the addition of oxygenate and before com

bining the resulting Arizona CBG with any

other Arizona CBG;

ii. Determine the oxygen content of the Arizona

CBG by analyzing the composite sample within

iii. Collect spot samples every two hours during

each in-line blend of AZRBOB and oxygenate,

and analyze the samples with 12 hours of collection, until the cause of the noncompliance isdetermined and corrected; and

iv. Notify the Director in writing within one busi

ness day that the Arizona CBG does not comply with the requirements ofthis Article.

The oxygenate blender shall comply with this subsectionuntil the Director approves the corrective action taken

under subsection (iii).

5. Recordkeeping and Records Retention.

a. An oxygenate blender shall maintain, for five years

from the date of each sampling, records of the following:

i. Sample date,ii. Identity of blend or product sampled,iii. Container or other vessel sampled,

iv. The final blend or shipment volume, andv. The oxygen content as determined under R20-

2-759.

b. Arizona CBG blended by an oxygenate blender that

is not tested as required by this Section shall be

deemed to have an oxygen content exceeding thestandards specified in R20-2-751, or exceeding the

comparable PM averaging limits, if applicable,unless the oxygenate blender demonstrates to theDirector that the Arizona CBG meets the standards

in R20-2-75 1.

c. Within 20 days of the Director’s written request, an

oxygenate blender shall provide any records mainmined by the oxygenate blender under R20-2-755. Ifan oxygenate blender fails to provide records for a

blend or shipment of Arizona CBG under this Section, the final blend or shipment of Arizona CBG

shall be deemed in violation of R20-2-75 1, or

deemed to exceed the comparable PM averaging

limits if applicable, unless the oxygenate blenderdemonstrates to the Director that the Arizona CBGmeets the standards and limits under R20-2-75 1.

6. Notification requirement. An oxygenate blender shall

notifj the Director by facsimile prior to the beginning oftransport of Arizona CBG or AZRBOB into the CBG

covered area by a means other than a pipeline.

7. Quality Assurance and Quality Control (QAIQC) Pro

gram. An oxygenate blender conducting laboratory sampling and analysis under subsection (E) in the oxygenateblender’s own laboratory shall develop a QAIQC pro

gram to demonstrate the accuracy and effectiveness ofthe

oxygenate blender’s laboratory testing of Arizona CBGor AZRBOB. The blender shall submit the QAIQC program to the Director for approval at least three months

before transport of Arizona CBG. Instead of a QAIQC

program, an oxygenate blender may opt to comply with

June 30, 2004 Page 33 Supp. 04-2
9. Within 24 hours of the Director or designee’s written

request, an oxygenate blender shall submit a portion of

any sample collected under subsection (E)(7) or (8).

Historical Note

Adopted effective under an exemption from the provi

sions of A.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption expired and was automatically repealed on the

date the permanent rules became effective pursuant to

Laws 1997, Ch. 117; Section permanently adopted with

changes October 1, 1998; filed in the Office ofthe Secre

tary of State September 9, 1998 (Supp. 98-3). Amended

by final rulemaking at 5 A.A.R. 4214, effective Septem

ber 22, 1999 (Supp. 99-3).

Editor’s Note: The following Section was adopted under an

exemption from the provisions of A.R.S. Title 41, Chapter 6,

pursuant to Laws 1997, Chapter 117, 3. Exemption from A.R.S.

Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s Regulatory Review Councilfor review andapprovaL Although exempt from certain provisions of the

Administrative Procedure Act, the Department was required to

publish these rules in the Arizona Administrative Register and

provide reasonable notice and at least one public hearing on the

rules (Supp. 97-3). The exempt rules expired when the Section

was permanently adopted with changes (Supp. 98-3).

R20-2-756. Downstream Blending of Arizona CBG with

Nonoxygenate Blendstocks

A.

A person shall not combine Arizona CBG supplied from a production or import facility with any nonoxygenate blendstock,

other than vapor recovery condensate, unless the person demonstrates to the Director:

1. The blendstock added to the Arizona CBG meets all of

the Arizona CBG standards regardless ofthe fuel proper

ties and performance standards of the Arizona CBG towhich the blendstock is added; and

2. The person meets the requirements in this Article applica

ble to producers ofArizona CBG.

B. Notwithstanding subsection (A), a person may add nonoxy

genate blendstock to a previously certified batch or mixture ofcertified batches of Arizona CBG that does not comply withone or more of the applicable per-gallon standards contained

in R20-2-75 1(A) or (B) if the person obtains prior writtenapproval from the Director based on a demonstration that add

ing the blendstock will bring the previously certified ArizonaCBG into compliance with the applicable per-gallon standardsfor Arizona CBG. The oxygenate blender or registered sup

plier shall certifS, the re-blended Arizona CBG to the Depart

ment.

Historical Note

Adopted effective under an exemption from the provi

sions of A.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

rules to the Governor

s Regulatory Review Councilfor review and

approvaL Although exempt from certain provisions of the

Administrative Procedure Ac4 the Department was required to

publish these rules in the Arizona Administrative Register andprovide reasonable notice and at least one public hearing on the

rules (Supp. 97-3). The exempt rules expired when the Section

was permanently adopted with changes (Supp. 98-3).R20-2-757. Product Transfer Documentation; RecordsRetentionA. If a person transfers custody or title to any Arizona CBG or

AZRBOB, other than when Arizona CBG is sold or dispensed

at a service station or fleet vehicle fueling facility, the transferor shall provide to the transferee documents that include thefollowing:

I. The name and address ofthe transferor,

2. The name and address ofthe transferee;3. The volume of Arizona CBG or AZRBOB being trans

ferred;

4. The location ofthe Arizona CBG or AZRBOB at the time

ofthe transfer;

5. The date ofthe transfer,6. Product transfer document number;

7. Identification of the gasoline as Arizona CBG or AZR

BOB;

8. The minimum octane rating;

9. The applicable Federal Complex Model VOC and NOx

reduction percentage standards contained in R20-2-

751(A) to which the Arizona CBG or AZRBOB con

forms;

10. For oxygenated Arizona CBG designated for sale for use

in motor vehicles from November 1 through March 31,the type and minimum quantity of oxygenate contained in

the Arizona CBG; and

11. In the case of AZRBOB for which oxygenate blending is

intended:a. Identification of the fuel as AZRBOB, and a state

ment that the “AZRBOB does not comply with the

standards for Arizona CBG without the addition ofoxygenate”;

b. The designation of the AZRBOB as suitable for

blending with:

i. Any oxygenate;ii. Ether only; or

iii.

A specified oxygenate type or types and

amount or amounts;

c. The oxygenate type or types and amount or amounts

that the AZRBOB requires to meet the fuel proper

ties or performance standards claimed by the registered supplier of the AZRBOB, and the applicablevolume percent oxygenate and weight percent oxy

gen content specifications; and

d. Instructions to the transferee that the AZRBOB may

not be combined with any other AZRBOB unless it

Supp. 04-2 Page 34 June 30, 2004
transferred during the 24-month period preceding the most

recent transfer or delivery. The transferee shall maintain trans

fer or delivery documents for the 30-day period preceding the

most recent transfer or delivery at the business address listed

on the product transfer document. The transferee may retain

all remaining transfer or delivery documents for the preceding

24 months elsewhere but shall make them available to the

Director within two working days from the time of request by the Director or designee.

D.

A service station operator or fleet owner shall retain product

transfer documents for each shipment of Arizona CBG deliv

ered during the 12 months preceding that shipment. The docu

mentation for the three most recent deliveries shall be

maintained on the service station or fleet owners’ premises.

A

service station operator or fleet owner may maintain documen

tation for the remainder of all deliveries for the 12-monthperiod elsewhere but shall make it available to the Director

within two working days from the time of request by the Director.

E.

A registered supplier, oxygenate blender, third-party terminal,

or pipeline shall retain product transfer documents for each

shipment of Arizona CBG or AZRBOB transferred during the60-month period preceding the most recent transfer or deliv

ery. Transfer or delivery documents made during the 30-day period preceding the most recent transfer or delivery shall be

maintained at the business address listed on the product trans

fer document. Documents for the remainder of all transfers or

deliveries for the preceding 60 months shall be available

within two working days from the time of request by the

Director or designee.

F. Upon request by the Director or designee, a person shall

present product transfer documents to the Department Legible

photocopies shall be acceptable.

Historical Note

Adopted effective under an exemption from the provi

sions of A.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption expired and was automatically repealed on the

date the permanent rules became effective pursuant to

Laws 1997, Cli. 117; Section permanently adopted with

changes October 1, 1998; filed in the Office of the Secre

tary of State September 9, 1998 (Supp. 98-3). Amended

by final rulemaking at 5 A.A.R. 4214, effective Septem

ber 22, 1999 (Supp. 99-3).

Editor’s Note: The following Section was adopted under an

exemption from the provisions of A.R.S. Title 41, Chapter 6,

pursuant to Laws 1997, Chapter 117, 3. Exemption from A.R.S.

Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s RegulatoryReview Councilfor review and

approvaL Although exempt from certain provisions of theAdministrative Procedure Act, the Department was required to

publish these rules in the Arizona Administrative Register and

provide reasonable notice and at least one public hearing on the

April 20, 1995 (Predictive Model Procedures).

A copy

may be obtained at: California Air Resources Board, P.O.

Box 2815, Sacramento, CA 95812.

2. The Federal Complex Model as contained in 40 CFR

80.45, January 1, 1999.

A copy may be obtained at U.S.

Government Printing Office, Superintendent of Docu

ments, Mail Stop: SSOP, Washington, D.C. 20402-9328.

Historical Note

Adopted effective under an exemption from the provi

sions of A.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption expired and was automatically repealed on the

date the permanent rules became effective pursuant to

Laws 1997, Ch. 117; Section permanently adopted with

changes October 1, 1998; filed in the Office ofthe Secre

tary of State September 9, 1998 (Supp. 98-3). Amended

by final rulemaking at 5 A.A.R. 4214, effective Septem

ber 22, 1999 (Supp. 99-3).

Editor’s Note: The following Section was adopted under an

exemption from the provisions of A.R.S. Tale 41, Chapter 6,

pursuant to Laws 1997, Chapter 117, 3. Exemption from A.1LS.

Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s Regulatory Review Councilfor review andapprovaL Although exempt from certain provisions of the

Administrative Procedure Act, the Department was required to

publish these rules in the Arizona Administrative Register and

provide reasonable notice and at least one public hearing on the

rules (Supp. 97-3). The exempt rules expired when the Section

was permanently adopted with changes (Supp. 98-3).

R20-2-759. Testing Methodologies

A. Except as provided in subsections (C) and (D), a person certi

fying Arizona CBG or AZRBOB as meeting standards underTable I shall test the fuel with the methods under 13 California

Code of Regulations, Section 2263, incorporated by reference

as of January 1, 1997 and on file with the Department and the

Office of the Secretary of State. This incorporation by refer

ence contains no future editions or amendments.

A copy may

be obtained at: California Air Resources Board, P.O. Box2815, Sacramento, CA 95812.

B. Except as provided in subsection (C), a person certifying Ari

zona CBG or AZRBOB as meeting standards under Table 2

shall test the fuel with methods under 13 California Code of

Regulations, Section 2263, as incorporated by reference in

subsection (A).

C.

A registered supplier, oxygenate blender, or third-party termi

nal certifying Arizona CBG or AZRBOB before transport to

the CBG covered area shall measure oxygenate using ASTM

D48l5-94a procedures and RVP using ASTM D4814-99 stan

dards. For Arizona CBG located in the CBG covered area,

oxygenate shall be measured using ASTM D48 I 5-94a, and

RVP shall be measured using ASTM D5191-99. ASTM

D48l4-99, ASTM D4815-94a and ASTM D519l-99 are

incorporated by reference and on file with the Department and

the Office of the Secretary of State. This incorporation by ref

June 30, 2004 Page 35 Supp. 04-2
future editions or amendments.

A copy may be obtained at:

U.S. Government Printing Office, Superintendent of Docu

ments, Mail Stop: SSOP, Washington, D.C. 20402-9328.

Historical Note

Adopted effective under an exemption from the provi

sions of A.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption expired and was automatically repealed on the

date the permanent rules became effective pursuant to

Laws 1997, Ch. 117; Section permanently adopted with

changes October 1, 1998; filed in the Office ofthe Secre

tary of State September 9, 1998 (Supp. 98-3). Amended

by fmal rulemaking at 5 A.A.R. 4214, effective Septem

ber 22, 1999 (Supp. 99-3). Amended by fmal rulemaking

at 7 A.A.R. 1025, effective February 9,2001 (Supp. 01-

1).

Editor’s Note: The following Section was adopted under an

exemption from the provisions ofA.R.S. Title 41, Chapter 6, pur

suant to Laws 1997, Chapter 117, 3. Exemption from A.R.S.

Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s Regulatory Review Councilfor review andapprovaL Although exemptfrom certain provisions ofthe Admin

istrative Procedure Act, the Department was required to publish

these rules in the Arizona Administrative Register and provide

reasonable notice and at least one public hearing on the rules

(Supp. 97-3). The exempt rules expired when the Section was per

manently adopted with changes (Supp. 98-3).

R20-2-760. Compliance Surveys

A.

A registered supplier who elects to certify that Arizona CBG

or AZRBOB meets any averaging standard under R20-2-751shall conduct compliance surveys in accordance with a survey

program plan approved by the Director. The Director shall

approve a survey program plan if it:

1. Consists of four VOC and NOx surveys during the period

May 1 through September 15 of each year and

2. Complies with subsection (C).

B. If a registered supplier fails to conduct an approved survey

program, the Director shall issue an order requiring compli

ance with all applicable standards on a per-gallon basis for at

least six months, extending through the end of the survey

period identified in subsection (A)(l) and ending after the sixmonth period. The requirement for compliance with per-gallon

standards applies from the beginning of the survey period dur

ing which the failure occurs, regardless of when the failure to

survey occurs during that period.

C. General survey requirements.

1. A survey shall consist of all samples collected under the

applicable survey design during any consecutive sevenday period and that are not excluded under subsection

(C)(4).

2.

A survey shall be representative of all Arizona CBGbeing dispensed in the CBG covered area as provided in

subsection (F).

pp

p

p

y

5.

A survey sample that does not comply with R20-2-75 I,

or that constitutes evidence of noncompliance with a

standard or requirement under this Article, may be used

by the Director in an enforcement action.

6. Each laboratory that analyzes survey samples shall pal-tic

ipate in a correlation program with the Director to ensure

the validity of analysis results.

D. The results of each VOC and NOx survey shall be determined

as follows:

For each sample from the survey, the VOC and NOx

emissions reduction percentage is determined based upon

the tested fuel properties for that sample using the appli

cable methodology for calculating VOC and NOx emis

sions reductions at 40 CFR 80.45, as incorporated by

reference in R20-2-758;

2. The CBG covered area fails the VOC survey if the VOC

emissions reduction percentage average of all samplescollected during that survey is less than the per-gallon

standard for VOC emissions reduction percentage in

Table 1, column A.

3. The CBG covered area fails the NOx survey if the NOx

emissions reduction percentage average of all samples

collected during that survey is less than the per-gallonstandard for NOx emissions reduction percentage in

Table I, column A.

E. The results of each NOx survey series shall be determined as

follows:

For each sample from a survey series, the NOx emissions

reduction percentage is determined based upon the tested

fuel properties for that sample using the applicable meth

odology for calculating NOx emissions reduction under

40 CFR 80.45 as incorporated by reference in R20-2-758;

and

2. The CBG covered area fails the NOx survey series ifthe

NOx emissions reduction percentage average for all sur

vey samples collected during that survey series is less

than the Federal Complex Model per-gallon standard for

the NOx emissions reduction percentage in Table 1, col

umnA.

F. Each survey program shall:

Be designed and conducted by a person independent ofthe registered supplier (the surveyor). To be consideredindependent

a. The surveyor shall not be an employee of any regis

tered supplier;

b. The surveyor shall not have any obligation to or

interest in any registered supplier; and

c. The registered supplier shall not have any obligation

to or interest in the surveyor.

2. Be designed to include enough samples to ensure that the

average levels of oxygen, RVP, aromatic hydrocarbons,

olefins, T50, T90, and sulfur are determined with a 95%confidence level, with error of less than 0.1 psi for RVP,

0.1% for oxygen (by weight), 0.5% for aromatic hydro

Supp. 04-2 Page 36 June 30, 2004
iii. Showing the date of collection.

c. Permit a Department official at any time to monitor

the conduct of the survey, including sample collec

tion, transportation, storage, and analysis.

4. Require the surveyor to submit a report of each survey,

within 30 days following completion ofthe survey, to the

Director. The report shall include:

a. The name of the person conducting the survey;

b. An attestation by an officer of the surveying com

pany that the survey was conducted according to the

survey program plan and the survey results are accu

rate;

c. ifthe survey was conducted for one registered sup plier, the identification ofthat supplier;

d. The identification of the area from which gasoline

samples were selected;

e. The dates on which the survey was conducted;

f. The address of each facility at which a gasoline sampie was collected, and the date of collection;

g. The results ofthe analyses ofsamples for oxygenate

type and oxygen weight percent, aromatic hydrocar

bon, and olefin content, E200, E300, and RVP, the

calculated VOC or NOx emissions reduction per

centage, as applicable, for each survey conducted

during the period identified in subsection (A)(l);

h. The name and address of each laboratory where gas oline samples were analyzed;i. A description of the methodology used to select the

locations for sample collection and the numbers of

samples collected;

j. For any samples that were excluded from the survey,

a justification for the exclusion; and

k. The average VOC and NOx emissions reduction

percentage.

G. Each survey shall be commenced on a date selected by the Director. The Director shall notify the surveyor of the date selected at least 10 business days before the beginning date of the survey.

H. The procedure for seeking Director approval for a survey pro

gram plan is:

The person seeking survey program plan approval shall

submit the plan to the Director for the Director’s approval

no later than January 1 to cover the survey period of May

1 through March 31 of each year, and

2. The survey program plan shall be signed by a corporate

officer of the registered supplier, or in the case of a com

prehensive survey program plan, by an officer of theorganization coordinating the survey program. No later than April 1 of each year, the registered supplier’s

contract with the surveyor to carry out the entire survey plan for the next summer and winter season shall be in effect, and

the registered supplier shall pay an amount of money neces

sary to carry out the entire survey plan to the surveyor or place the money into an escrow account with instructions to the

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption expired and was automatically repealed on the

date the permanent rules became effective pursuant to

Laws 1997, Ch. 117; Section permanently adopted with

changes October 1, 1998; filed in the Office ofthe Secre

tary of State September 9, 1998 (Supp. 98-3). Amended

by final rulemaking at 5 A.A.R. 4214, effective Septem ber 22, 1999 (Supp. 99-3). Amended by final rulemaking

at 7 A.A.R. 1025, effective February 9, 2001 (Supp. 01-

1).

Editor’s Note: The following Section was adopted under an

exemption from the provisions ofA.1LS. Title 41, Chapter 6, pur

suant to Laws 1997, Chapter 117, § 3. Exemption from A.RS. Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s Regulatory Review Councilfor review and

approvaL Although exemptfrom certain provisions ofthe Admin

istrative Procedure Ac4 the Department was required to publish these rules in the Arizona Administrative Register and provide reasonable notice and at least one public hearing on the rules

(Supp. 97-3). The exempt rules expired when the Section was per manently adopted with changes (Supp. 98-3).

R20-2-761. Liability for Noncompliant Arizona CBG or

AZRBOB

A. Persons liable. If motor fuel designated as Arizona CBG or

AZRBOB does not comply with R20-2-75 1, the following are liable for the violation:

1. Each person who owns, leases, operates, controls, or

supervises a facility where the noncompliant ArizonaCBG or AZRBOB is found;

2. Each registered supplier whose corporate, trade, or brand

name, or whose marketing subsidiary’s corporate, trade,

or brand name, appears at a facility where the noncompli

ant Arizona CBG or AZRBOB is found; and

3. Each person who manufactured, imported, sold, offered

for sale, dispensed, supplied, offered for supply, stored, transported, or caused the transportation of any gasoline in a storage tank containing Arizona CBG or AZRBOB

found to be noncompliant.

B. Defenses.

1. A person who is otherwise liable under subsection (A) is

not liable if that person demonstrates:

a. That the violation was not caused by the person or

person’s employee or agent;

b. That product transfer documents account for all of

the noncompliant Arizona CBG or AZRBOB and

indicate that the Arizona CBG or AZRBOB com

plied with this Article; and

c. That the person had a quality assurance sampling

and testing program, as described in subsection (C)

in effect at the time of the violation; except that any

person who transfers Arizona CBG or AZRBOB,

but does not assume title, may rely on the quality

assurance program carried out by another person, including the person who owns the noncompliant

June 30, 2004 Page 37 Supp. 04-2
ance, despite periodic compliance sampling and testing by the registered supplier, or

c. The action of any person having custody of Arizona

CBG or AZRBOB not subject to a contract with the

registered supplier but engaged by the registered

supplier for transportation of Arizona CBG or AZRBOB, despite specification or inspection of procedures and equipment by the registered supplierdesigned to prevent violations.

3. To show that the violation was caused by any of the

actions in subsection (B)(2), the person must demonstrate

by reasonably specific showings, by direct or circumstantial evidence, that the violation was caused or must havebeen caused by another person.

C. Quality assurance sampling and testing program. To demon

strate an acceptable quality assurance program for Arizona

CBG or AZRBOB, at all points in the gasoline distribution

network, other than at a service station or fleet owner facility,

a person shall present evidence:

Of a periodic sampling and testing program to determinecompliance with the maximum or minimum standards in

R20-2-75 1; and

2. That each time Arizona CBG or AZRBOB is noncompli

ant with one of the requirements in R20-2-75 1:a. The person immediately ceases selling, offering for

sale, dispensing, supplying, offering for supply, storing, transporting, or causing the transportation ofthe

noncompliant Arizona CBG or AZRBOB; and

b. The person remedies the violation as soon as practi

cable.

Editor

s Note. The following Section was adopted under an

exemption from the provisions ofA.R.S. Title 41, Chapter 6, pur

suant to Laws 1997, Chapter 117, 3. Exemption from A.R.S.

Title 41, Chapter 6 means the Department did not submit these

rules to the Governor’s Regulatory Review Councilfor review andapprovaL Although exemptfrom certain provisions ofthe Administrative Procedure Act, the Department was required to publishthese rules in the Arizona Administrative Register and providereasonable notice and at least one public hearing on the rules

(Supp. 9 7-3). The exempt rules expired when the Section was per

manently adopted with changes (Supp. 98-3).

R20-2-762. Penalties

Any person who violates any provision of this Article is subject tothe following:

1. Prosecution for a Class 2 misdemeanor under A.R.S. § 41-21 l3(B)(4);

2. Civil penalties in the amount of $500 per violation under

A.R.S. § 41-2115; and

3. Stop-use, stop-sale, hold, and removal orders under

A.R.S. § 41-2066(A)(2).

Historical Note

Adopted effective under an exemption from the provi

sions ofA.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption expired and was automatically repealed on the

date the permanent rules became effective pursuant to

Laws 1997, Ch. 117; Section permanently adopted with

changes October 1, 1998; filed in the Office ofthe Secre

tary of State September 9, 1998 (Supp. 98-3). Amended

by final rulemaking at 5 A.A.R. 4214, effective Septem

ber 22, 1999 (Supp. 99-3).

Supp. 04-2 Page 38 June 30, 2004
A B C D

Performance Standard/Fuel Property** Per-Gallon Average Minimum Maximum

(minimum) (per-gallon) (per-gallon)

VOC Emission Reduction (%) > 27.5 > 29.0 > 25.0 N/A

May I - Sept. 15NOx Emission Reduction (%) > 5.5 6.8 N/A N/A

Mayl -Sept.15

NOx Emission Reduction (%)

Sept. 16 - Nov. 1 and April 1 -April 30*** ? 0.0 N/A N/A N/A

Oxygen content: ethanol, (% by weight unless otherwise

noted)

Nov. 2- March 31*** N/A N/A N/A N/A

April 1 -Nov. 1 0.0* N/A 0.0 4.0

Oxygen content other than ethanol, (% by weight)

Nov. 2 -March 31*** N/A N/A N/A N/A

April 1 -Nov. 1 0.0 N/A 0.0 2.7

Maximum oxygen content must comply with the EPA oxygenate waiver requirements. Dates represent compliance dates for service stations and fleet owners.

*** Registered suppliers shall certif’ all Arizona CBG as Type 2 gasoline meeting the standards in Table 2 beginning November 2 through March31.

Historical Note

Adopted effective under an exemption from the provisions ofA.R.S. Title 41, Chapter 6, with an interim effective date ofSeptem ber 12, 1997 (Supp. 97-3). Interim adoption expired and was automatically repealed on the date the permanent rules became effec

tive pursuant to Laws 1997, Ch. 117; Table 1 permanently adopted with changes October 1, 1998; filed in the Office ofthe

Secretary of State September 9, 1998 (Supp. 98-3). Amended by final rulemaking at 5 A.A.R. 4214, effective September 22, 1999

(Supp. 99-3). Amended by final rulemaking at 7 A.A.R. 1025, effective February 9, 2001 (Supp. 01-1).

June 30, 2004 Page 39 Supp. 04-2
A B C

Maximum

Standard Flat Standard *

Fuel Property (per gallon) Averaging Standard* (per gallon maximum) Units of Standard

Sulfur Content 80 30 40 Parts per million by weight

Olefin Content 10.0 4.0 6.0 % by volume

90% Distillation Temperature (T90) 330 290 300 Degrees Fahrenheit

50% Distillation Temperature (T50) 220 200 210 Degrees Fahrenheit

Aromatic Hydrocarbon Content 30.0 22.0 25.0 % by volume

Oxygen content: ethanol****

Nov. 2-March31 10% ethanol — 10% ethanol % by vol. April 1 -Nov. 1 2.7 — 2.7** % by weight

Oxygen content: other than ethanol 

Nov.2-March3l 35** * — 35*** %byweight April 1 -Nov. 1 2.7 — 2.7** %byweight

* Instead ofthe standards in columns B and C, a registered supplier may elect to comply with the standards contained in column A, and R20-2-75 1(F), (G), and (H) for the use ofthe PM.

** Maximum oxygen content shall comply with the EPA oxygenate waiver requirements.

*** Non-ethanol oxygenate is allowed only if approved by the Director under A.R.S. §41-2124(D). Maximum oxygen content shall com

ply with the EPA oxygenate waiver requirements.

A registered supplier shall certify all Arizona CBG using ethanol as the oxygenate beginning November 2 through March 31. Alter native oxygenates may be used if approved by the Director under A.R.S. § 41-2124(D). NOTE: Dates represent compliance dates for service stations and fleet owners.

Historical Note

Adopted effective under an exemption from the provisions of A.R.S. Title 41, Chapter 6, with an interim effective date of Septem ber 12, 1997 (Supp. 97-3). Interim adoption expired and was automatically repealed on the date the permanent rules became effec tive pursuant to Laws 1997, Cli. 117; Table 2 permanently adopted with changes October 1, 1998; filed in the Office ofthe

Secretary of State September 9, 1998 (Supp. 9 8-3). Amended by final rulemaking at S A.A.R. 4214, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 5 A.A.R. 4214, effective September 22, 1999 (Supp. 99-3). Amended by final rule making at 7 A.A.R. 1025, effective February 9,2001 (Supp. 01-1).

Supp. 04-2 Page 40 June 30, 2004
Table 3. Repealed

Historical Note

Adopted effective under an exemption from the provi

sions of A.R.S. Title 41, Chapter 6, with an interim effec

tive date of September 12, 1997 (Supp. 97-3). Interim

adoption repealed October 1, 1998, under Laws 1997, Ch.

117, § 3; filed in the Office ofthe Secretary of State Sep tember 9, 1998 (Supp. 98-3).

R20-2-801. Repealed

ARTICLE 8. REPEALED

Historical Note

Emergency rule adopted effective July 17, 1991, pursuant

to A.R.S. § 41-1026, valid for only 90 days (Supp, 9 1-3).

Emergency rule adopted again without change effective

October 16, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency rule adopted again

without change effective January 9, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Emergency rule adopted again

without change effective April 22, 1992, pursuant to

A.R.S. § 41.1026, valid for only 90 days (Supp. 92-2). Adopted effective June 22, 1992 (Supp. 92-2). R20-2-801

recodified from R4-3 1-801 (Supp. 95-1). R20-2-801

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-802. Repealed

Historical Note

Emergency rule adopted effective July 17, 1991, pursuant

to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3).

Emergency rule adopted again without change effective

October 16, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency rule adopted again

without change effective January 9, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1).

Emergency expired. Emergency rule adopted again without

change effective April 22, 1992, pursuant to A.R.S. § 41-

1026, valid for only 90 days (Supp. 92-2). Adopted with

changes effective June 22, 1992 (Supp. 92-2). R20-2-802

recodified from R4-3 1-802 (Supp. 95-1). R20-2-802

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-803. Repealed

Historical Note

Emergency rule adopted effective October 12, 1990,

pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-4). Emergency expired. Emergency ruleadopted again without change effective February 12,

1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 9 1-1). Emergency expired. Emergency rule

adopted again with changes effective July 17, 1991,

pursuant to A.R.S. § 4 1-1026, valid for only 90 days (Supp. 91-3). Emergency rule adopted again without

R20

2

804. Repealed

Historical Note

Emergency rule adopted effective July 17, 1991, pursuant

to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3).

Emergency rule adopted again without change effective

October 16, 1991, pursuant to A.R.S. § 41-1026, valid for

only 90 days (Supp. 91-4). Emergency rule adopted again

without change effective January 9, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1).

Emergency expired. Emergency rule adopted again without

change effective April 22, 1992, pursuant to A.R.S. § 41-

1026, valid for only 90 days (Supp. 92-2). Adopted with

changes effective June 22, 1992 (Supp. 92-2). R20-2-804

recodified from R4-3l-804 (Supp. 95-I). R20-2-804

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-805. Repealed

Historical Note

Emergency rule adopted effective July 17, 1991, pursuant

to A.R.S. §41-1026, valid for only 90 days (Supp. 91-3).

Emergency rule adopted again without change effective

October 16, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency rule adopted again

without change effective January 9, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1).

Emergency expired. Emergency rule adopted again

without change effective April 22, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2).

Adopted effective June 22, 1992 (Supp. 92-2). R20-2-805

recodified from R4-3 1-805 (Supp. 95-1). R20-2-805

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-806. Repealed

Historical Note

Emergency rule adopted effective July 17, 1991, pursuant

to A.RS. § 4 1-1026, valid for only 90 days (Supp. 9 1-3).

Emergency rule adopted again without change effective

October 16, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency rule adopted again

without change effective January 9, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1).

Emergency expired. Emergency rule adopted again without

change effective April 22, 1992, pursuant to A.R.S, § 41

1026, valid for only 90 days (Supp. 92-2). Adopted with

changes effective June 22, 1992 (Supp. 92-2). R20-2-806

recodified from R4-3l-806 (Supp. 95-I). R20-2-806

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-807. Repealed

Historical Note

Emergency rule adopted effective July 17, 1991, pursuant

to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3).

Emergency rule adopted again without change effective

October 16, 1991, pursuant to A.RS. § 41-1026, valid for

June 30, 2004 Page 41 Supp. 04-2
Historical Note

Emergency rule adopted effective July 17, 1991, pursuant

to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3).

Emergency rule adopted again without change effective

October 16, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 914). Emergency rule adopted again

without change effective January 9, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1).

Emergency expired. Emergency rule adopted again

without change effective April 22, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Adopted with changes effective June 22, 1992 (Supp. 92-

2). R20-2-809 recodified from R4-31-809 (Supp. 95-1).

R4-2-809 repealed effective October 8, 1998 (Supp. 984).

R20-2-810. Repealed

Historical Note

Emergency rule adopted effective July 17, 1991, pursuant

to A.R.S. § 4 1-1026, valid for only 90 days (Supp. 9 1-3).

Emergency rule adopted again without change effective

October 16, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 914). Emergency rule adopted again

without change effective January 9, 1992, pursuant to

A.R.S. § 4 1-1026, valid for only 90 days (Supp. 92-1).

Emergency expired. Emergency rule adopted again

without change effective April 22, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Adopted effective June 22, 1992 (Supp. 92-2). R20-2-8 10

recodified from R4-3 1-810 (Supp. 95-1). R20-2-8 10

repealed effective October 8, 1998 (Supp. 98-4).

R20-2-811. Repealed

Historical Note

Emergency rule adopted effective July 17, 1991, pursuant

to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3).

Emergency rule adopted again without change effective

October 16, 1991, pursuant to A.R.S. § 41-1026, valid for

only 90 days (Supp. 91-4). Emergency rule adopted again

without change effective January 9, 1992, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1).

Emergency expired. Emergency rule adopted again without

change effective April 22, 1992, pursuant to A.R.S. § 41- 1026, valid for only 90 days (Supp. 92-2). Adopted withchanges effective June 22, 1992 (Supp. 92-2). R20-2-8 11

recodified from R4-3l-811 (Supp. 95-1). R20-2-8ll

repealed effective October 8, 1998 (Supp. 984).

R20-2-812. Repealed

Historical Note

Emergency rule adopted effective July 17, 1991, pursuant

to A.R.S. § 41-1026, valid for only 90 days (Supp. 9 1-3).

Emergency rule adopted again without change effective

October 16, 1991, pursuant to A.R.S. § 41-1026, valid for

The following documents are incorporated by reference and on filewith the Department. The documents incorporated by reference

contain no later amendments or editions:

Appendix J.5 of Technical Guidance

— Stage II Vapor

Recovery Systems for Control of Vehicle Refueling

Emissions at Gasoline Dispensing Facilities, Vol. II:Appendices, November 1991 edition (EPA45O/

3-91-022b), published by the U.S. Environmental Protec

tion Agency, Office of Air Quality, Planning and Stan

dards, Research Triangle Park, North Carolina 27711.

2. San Diego County Air Pollution Control District Test

Procedure TP-96-1, March 1996, Third Revision, Air

Pollution Control District, 9150 Chesapeake Drive, SanDiego, CA 92 123-1096.

3. The following CARB test procedures:

a. California Environmental Protection Agency, Air

Resources Board Vapor Recovery Test ProcedureTP-201 .4, Determination of Dynamic Pressure Per

formance of Vapor Recovery Systems of DispensingFacilities, April 12, 1996 edition, California AirResources Board, P.O. Box 2815, 2020 L. Street,

Sacramento, California 95812-2815.

b. California Environmental Protection Agency, Air

Resources Board Vapor Recovery Test ProcedureTP-201 .5, Determination (by Volume Meter) of Airto Liquid Volume Ratio of Vapor Recovery Systems

ofDispensing Facilities, April 12, 1996 edition, Cal

ifornia Air Resources Board, P.O. Box 2815, 2020

L. Street, Sacramento, California 95812-2815.

c. California Environmental Protection Agency, Air

Resources Board Vapor Recovery Test Procedure

TP-201 2C, Determination of Spillage of Phase II

Vapor Recovery Systems of Dispensing Facilities,April 12, 1996 edition, California Air ResourcesBoard, P.O. Box 2815, 2020 L. Street, Sacramento,

California 95812-2815.

d. California Environmental Protection Agency, Air

Resources Board Vapor Recovery Test ProcedureTP-20l .6, Determination of Liquid Removal of

Phase II Vapor Recovery Systems of DispensingFacilities, April 12, 1996 edition, California AirResources Board, P.O. Box 2815, 2020 L. Street,

Sacramento, California 95812-2815.

e. California Environmental Protection Agency, Air

Resources Board Vapor Recovery Test Procedure

TP-20l .2B, Determination of Flow Versus Pressurefor Equipment in Phase II Vapor Recovery Systems

ofDispensing Facilities, April 12, 1996 edition, California Air Resources Board, P.O. Box 2815, 2020

L. Street, Sacramento, California 95812-2815.

Historical Note

Emergency rule adopted effective November 23, 1992,

pursuant to A.R.S. § 41-1026, valid for only 90 days

(Supp. 92-4). Emergency rule adopted again effective

Supp. 04-2 Page 42 June 30, 2004
mit a written request to the Department and attest that gasoline

throughput at the gasoline dispensing site is not in excess ofthat specified in A.R.S. § 41-2132(C). By the 15th of each month, beginning the month after the Department approves the

exemption, the person shall submit a written throughput report

to the Department. If a person does not timely file a monthly

throughput report or if a monthly throughput report reflects

that the exemption limit is exceeded, the Department deemsthe exemption void.

B. To obtain an independent small business marketer exemption, a person shall derive at least 50 percent ofthe person’s annual

income from the sale of gasoline at each gasoline dispensing

site for which an exemption is requested. The person shall sub

mit a written request for exemption to the Department. The

Department shall determine the percentage of total annual

income represented by the sale of gasoline on the basis of the

person’s state and federal gross income for the preceding year

for income tax purposes. The following items are excluded

from income computations:

1. Purchase and sale of diesel fuel, and

2. State lottery sales net commissions and incentives.

C. Motor raceways, motor vehicle proving grounds, and marine

and aircraft fueling facilities are exempt from stage II vapor

recovery requirements.

Historical Note

Emergency rule adopted effective November 23, 1992,

pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-4). Emergency rule adopted again effective

February 22, 1993 (Supp. 93-1). Emergency expired.

Emergency rule adopted again effective June 1, 1993

(Supp. 93-1). Permanent rule adopted with changes

effective August31, 1993 (Supp. 93-3). R20-2-902

recodified from R4-3 1-902 (Supp. 95-1). R20-2-902

renumbered to R.20-2-901; new Section R20-2-902

renumbered from R20-2-903 and amended effective

October 8, 1998 (Supp. 98-4). Amended by final

rulemaking at 10 A.A.R. 1690, effective June 5, 2004

(Supp. 04-2).

R20-2-903. Equipment and Installation

A. The Department shall reject a vapor recovery system or com

ponent from future installation if:

1. Federal regulations prohibit its use;

2. The vapor recovery system or component does not meet

the manufacturer’s specifications as certified by CARB

using test methods approved in R20-2-90 I; or

3. The vapor recovery system or component fails greater

than 20% of Department inspections for that system or

component or the Department receives equivalent failureresults from a vapor recovery registered service agency or

from another jurisdiction’s vapor recovery program, andthe Department provides at least 30 days public notice of

its proposed rejection.

B. The piping of both a stage I and stage II vapor recovery system

shall be designed and constructed as certified by CARB for

y

p 

the vent lines for gasoline storage tanks.

Historical Note

Emergency rule adopted effective November 23, 1992,

pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-4). Emergency rule adopted again effective

February 22, 1993 (Supp. 93-1). Emergency expired.

Emergency rule adopted again effective June 1, 1993

(Supp. 93-1). Permanent rule adopted with changes

effective August 31, 1993 (Supp. 93-3). R20-2-903

recodifled from R4-31-903 (Supp. 95-1). R20-2-903

renumbered to R20-2-902; new Section R20-2-903

renumbered from R20-2-904 and amended effective

October 8, 1998 (Supp. 98-4). Amended by final

rulemaking at 10 A.A.R. 1690, effective June 5, 2004

(Supp. 04-2).

R20-2-904. Application Requirements and Process for

Authority to Construct Plan Approval

A.

A person shall not begin to consinict a site requiring a vapor

recovery system or to make a major modification of an exist

ing vapor recovery system or component before obtaining

approval of an authority to construct plan application.

A major

modification is:

1. Adding or replacing a gasoline storage tank that is

equipped with a Department approved stage

H vapor

recovery system;

2. Adding or replacing underground piping, vapor piping

within a dispenser, or a dispenser at an existing vapor

recovery site unless the dispenser replacement is neces

sary due to unforeseen damage to the existing dispenser;

or

3. Replacing a Department-approved stage II vapor recov

ery system of one certified configuration with an

approved stage II vapor recovery system of a differentcertified configuration.

B.

A person shall file with the Department a written change order

to an authority to construct plan approval on a form providedby the Department if a modification of the approved vapor

recovery system or component is needed after the Department

issues an authority to construct plan approval. The person shallnot make any modification until the Department approves the

change order.

C. To obtain an authority to construct plan approval, a person

shall submit to the Department, on a form provided by theDepartment, the following:

1. The name, address, and phone number of any owner,

operator, and proposed contractor, if known;

2. The name ofthe stage I or stage II vapor recovery system

or component to be installed along with the CARB cciii

fication for that system or component

3. The street address of the site where construction or major

modification will take place with an estimated timetable

for construction or modification;

June 30, 2004 Page 43 Supp. 04-2
ponent at a site not having an approved authority to con

struct plan, shall be stopped and no further installation

work shall be done until an authority to construct plan

approval is obtained.

3. An authority to construct plan approval is not transfer

able.

E. The Department shall deny an authority to construct plan for

any of the following reasons:

1. Providing incomplete, false, or misleading information;

or

2. Failing to meet the requirements stated in this Chapter.

F. If excavation is involved, the Department may visually inspect

the stage II underground piping of a gasoline dispensing site

before the pipeline is buried, for compliance with the authority

to construct plan approval.

A person who owns or operates a

vapor recovery system or component shall give the Depart

ment notice by facsimile at least two business days before the

underground piping is complete. The Department shall requirethe owner or operator to excavate all piping not inspected

before burial if the owner or operator does not give the

required two business days’ notice.

G After construction is complete, a person who has a valid

authority to construct plan approval may dispense gasoline for

up to 90 days before fmal approval, if an initial inspection isscheduled according to R20-2-905.

H. An authority to construct plan approval expires one year from

the date of issue or the completion of construction, whichever

is sooner.

Historical Note

Emergency rule adopted effective November 23, 1992,

pursuant to A.R..S. § 41-1026, valid for only 90 days (Supp. 924). Emergency rule adopted again effective

February 22, 1993 (Supp. 93-1). Emergency expired.Emergency rule adopted again effective June 1, 1993

(Supp. 93-1). Permanent rule adopted effective August

31, 1993 (Supp. 93-3). R20-2-904 recodified from R4-

31-904 (Supp. 95-1). P20-2-904 renumbered to R20-2-

903; new Section R20-2-904 renumbered from R20-2-

905 and amended effective October 8, 1998 (Supp. 984).

Amended by final rulemaking at 10 A.A.R. 1690,

effective June 5,2004 (Supp. 04-2).

R20-2-905. Initial Inspection and TestingA. Within 10 days after beginning the dispensing of gasoline at a

site that requires an authority to construct plan approval, a per

son shall provide the Department with a written certification ofcompletion by the contractor and schedule an inspection that

includes tests and acceptance criteria specified in the authority

to construct plan approval. The inspection shall be witnessed

by the Department at a time approved by the Department and

include any of the following relevant to the specific vapor

recovery system installed:

line storage tanks have less than 15 percent or more than30,000 gallons vapor space. The Department shall com

pute combined tank vapor space for manifolded systems;

3. Communication from dispenser to tanks for each product,

using the San Diego TP-96-l and CARB TP-20l .4 testprocedures;

4. Air to liquid volume ratio by volume meter of a vapor

recovery system, using CARE TP-20l.5 or CAREendorsed equivalent procedures to determine air to liquid

(A/L) ratios;

5. Spillage of a stage II vapor recovery system, using the

CARE TP-20l .2C procedure;

6. Liquid removal of a stage II vapor recovery system, using

the CARB TP-201 .6 procedure;

7. Flow versus pressure for components in a stage

H vapor

recovery system, using the CARE TP-201.2B procedure;

and

8. Procedures specified by a manufacturer for testing the

vapor recovery system.

B. If there is a difference between a testing contractor’s and the

Department’s test results, the Department’s test results prevail.

C. If a site fails to pass any of the tests required by subsection

(A), the affected vapor recovery system or component shall

remain out-of-service until the vapor recovery system and

component pass all the appropriate tests in subsection (A).

D.

A person who cancels an initial inspection shall notify theDepartment by calling the Department’s designated telephone

number at least one hour before the scheduled inspection and

shall reschedule the inspection within 10 business days after

this notification. The Department shall take enforcement

action if a person fails to comply with this Section.

E.

A person shall notify the Department when a vapor recoverysystem or component is repaired after failing an initial inspec

tion.

A registered service representative shall not proceed with a reinspection until the Department approves the reinspection

date and time.

F. If a registered service representative does not start an initial

inspection pressure decay test within 30 minutes of the sched

uled start time, the Department shall fail the initial inspection

of that site.

G. If a person cancels an initial inspection, the person shall

reschedule the inspection within 90 days from the date gaso

line was first dispensed.

1. The Department shall take enforcement action if the per

son fails to timely reschedule the inspection.

2. The registered service agency shall notify the Department

in writing at least 10 business days before the inspection

ofthe time, date, and location ofthe inspection.

3. The Department shall notify the registered service agency

within five business days, by facsimile or electronic mail,

whether it approves the inspection date and time.

Historical Note

Emergency rule adopted effective November 23, 1992,

pursuant to A.R.S. § 41-1026, valid for only 90 days

Supp. 04-2 Page 44 June 30, 2004
A. The Authority to Construct plan approval fee is $500.

B. The reinspection fee is $300, and shall be paid each time an

initial or preburial reinspection is required, or when the

Department is not timely notified that an inspection is can

celed.

Historical Note

Emergency rule adopted effective November 23, 1992,

pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-4). Emergency rule adopted again effective

February 22, 1993 (Supp. 93-1). Emergency expired.

Emergency rule adopted again effective June 1, 1993

(Supp. 93-1). Permanent rule adopted with changeseffective August31, 1993 (Supp. 93-3). R20-2-906

recodified from R4-3 1-906 (Supp. 95-1). R20-2-906

renumbered to R20-2-907; new Section R20-2-906

adopted effective October 8, 1998 (Supp. 984).

Amended by final rulemaking at 10 A.A.R. 1690,

effective June 5, 2004 (Supp. 04-2).

R20-2-907. Operation

A. The owner or operator of a gasoline dispensing site with stage

11 vapor recovery shall not transfer or permit the transfer of

gasoline into any motor vehicle fuel tank unless stage II vapor

recovery equipment is installed, maintained, operating, andbeing used according to the requirements of A.R.S. Title 41,

Chapter 15, Article 7, and this Article.

B. The owner or operator shall operate a stage II vapor recovery

system and associated components in compliance with theCARB certification for that system and these rules.

C. The owner or operator of a gasoline dispensing site with stage

11 vapor recovery shall inspect the system and its components

daily. Daily inspections shall include all nozzles, hoses with

connecting hardware, Stage I fittings, and spill containment.

D. The owner or operator shall immediately stop using a Stage II

vapor recovery system or component if one or more ofthe fol

lowing system or component defects occur:

1. A faceplate or facecone of a balance system nozzle does

not make a good seal with a vehicle fill tube, or the accu

mulated damage to the faceplate or facecone is 1/4 or

more of its circumference. These conditions also apply to a vacuum assist system that has a nozzle with a bellows

and faceplate that seal with a vehicle fill pipe;

2. When more than 1/4 of the cone is missing for vapor

assist systems having bellowless nozzles with flexiblevapor deflecting cones;

3.

A nozzle bellows has a triangular tear measuring 1/2 inch

or more to a side, a hole measuring 3/2 inch or more in

diameter, or a slit or tear measuring one inch or more in

length;

4.

A nozzle bellows is loosely attached to the nozzle body,

attached by means other than that approved by the manufacturer, or a vapor check valve is frozen in the open

position due to impaired motion ofthe bellows;

5. Any nozzle liquid shut-off mechanism malfunctions in

any manner, the spring or latching knurl for holding the

y

that the largest axis exceeds .84 inch, or the plastic insert

in the tip of the spout is loose;

8. Any nozzle with a dispensing rate greater than 10 gallons

per minute when only one nozzle associated with the

product supply pump is operating, or a flow restrictor is

improperly installed, leaking, or non-CARB approved;

9. Any nozzle with a physically damaged breakaway or a

breakaway showing evidence of product leakage, or abreakaway not approved for the installed system;

10.

A dispenser mounted vacuum pump that is not functioning;

11. Any vapor recovery hose and, as applicable, the accom

panying whip hose, that:

a. Is crimped, kinked, flattened, or damaged in any

manner that constricts the return flow of vapor

1,. For a balance hose, has any slits or tears greater than

1/4 inch in length, perforations greater than 1/8 inch

in diameter, or assist system hoses that are cut, torn,

or badly worn so as to cause a possible fuel lealq

c. Does not fully retract, for approved dispenser con

figurations using hose retractors, or a balance sys

tem hose that exceeds the 10-inch loop requirementwhere required, or for a hose length that allows a

balance hose to touch the ground, or for a vacuum

assist hose having more than 6 inches in contact withthe ground;

d. Does not swivel at the hose/nozzle connection; ore. Does not have a required internal liquid pick-up or

the hose with liquid pick-up is improperly assembled for the pick-up to properly function;

12. Tank vent pipes that are not the proper height, or are not

properly capped with approved pressure and vacuum vent

valve settings, or where required, vent pipes that do not

meet the CARB-specified paint color code for theinstalled system;

13. The Stage I installation is not properly installed or main

tained, in that:

a. Spill containment buckets are cracked, rusted, the

sidewalls are not attached or otherwise improperlyinstalled, or spill containment buckets are not clean

and empty of liquid, or there are non-functioning

drain valves, or drain valves that do not seal;

b.

A fill adaptor collar or vapor poppet (drybreak) that

is loose or damaged, or with a fill or vapor cap thatis not installed, is missing, broken, or without gas

kets;

c. Coaxial Stage I that is not equipped with a function

ing CARB-approved poppeted fill tube, or the coax

ial cap is not installed, is missing, broken, or without

gaskets; or

d.

A fill tube is missing, not sealed, has holes, broken

or damaged overfill preventors, or if the high pointof the bottom opening is more than 6 inches above

the tank bottom;

June 30, 2004 Page 45 Supp. 04-2
uum unit;

18.

A vacuum assist system with an inoperative vapor pro cessing (burner) unit;

19.

A vacuum assist system with a monitoring system certi fied by CARB or the Authority to Construct that is notoperational or malfunctions; or

20. Any other component identified in the diagrams, exhibits,

attachments or other documents that are certified by CARB or required by the Authority to Construct for thatsystem is missing, disconnected, or malfunctioning. E. The owner or operator shall also inspect for the presence and

proper placement of public information signs required by A.R.S. § 41-2132(F) and this Article. F. For a stage II vacuum-assist vapor recovery system, the owner

or operator shall immediately place damaged or malfunction ing equipment out of service and shall notify the Department by facsimile no more than one day after the malfunction of acentral vacuum or processor unit. Once the equipment or sys

tem is repaired, the owner or operator shall provide written notice within five days ofthe repair to the Department.

G. Proper operation of the stage I system, pursuant to A.R.S. § 41-2132(D)(4), shall include the requirement to recover

vapors during pump-out from a gasoline storage tank to a mobile transporter.

H. Any underground tank tightness test shall be conducted in a

manner so that gasoline vapors are not emitted to the atmo

sphere.

Historical Note

Emergency rule adopted effective November 23, 1992,

pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-4). Emergency rule adopted again effective February 22, 1993 (Supp. 93-1). Emergency expired. Emergency rule adopted again effective June 1, 1993

(Supp. 93-1). Permanent rule adopted effective August 31 • 1993 (Supp. 93-3). R20-2-907 recodifled from R4-

31-907 (Supp. 95-1). R20-2-907 renumbered to R20-2-

908; new Section R20-2-907 renumbered from R20-2-

906 and amended effective October 8, 1998 (Supp. 98-4).

R20-2-908. Training and Public Education

A. Each operator of a gasoline dispensing site using stage II vapor

recovery shall obtain adequate training and written instruc

tions to enable the system to be properly installed, operated and maintained in accordance with the manufacturer’s specifi cations and CARB certification. The operator shall maintain documentation of this training for each operator On-site and documentation to the Department on request. B. In addition to the information required in A.R.S. § 41-2132(F),

an operator of a gasoline dispensing site with stage

H vapor

recovery shall display a Department telephone number that the public can call to report nozzle or other equipment problems. The operator shall place the required information on each face

of each gasoline dispenser. The headings shall be at least 3/8

inches and shall be readable from up to 3 feet away for decal

31-908 (Supp. 95-1). R20-2-908 renumbered to P.20-2-

909; new Section R20-2-908 renumbered from R20-2-

907 and amended effective October 8, 1998 (Supp. 98-4).

R20-2-909. Recordkeeping and Reporting

A. The owner or operator of a gasoline dispensing site employing

stage

H vapor recovery shall maintain daily records of the inspections done pursuant to this Article.

B. The owner or operator of a gasoline dispensing site employing

stage II vapor recovery shall maintain a log and related records

of all regularly scheduled maintenance and any repairs that have been made to stage II equipment.

C. The owner or operator of a gasoline dispensing site that is

exempt from requirements to install and operate stage I] vapor

recovery equipment, pursuant to A.R.S. § 41-2132(C), shall maintain a log at the site showing monthly throughputs. The

owner or operator shall annually submit a copy of these logs representing the previous 12 months throughputs to the Department. If any throughput requirement provided in A.R.S.

§ 41-2132(C) and this Article is exceeded for any month, the

owner or operator shall notify the Department in writing within 30 days. The owner or operator shall within six months after the end of the month the throughput is exceeded, installand operate a stage II vapor recovery system conforming to this Article.

D. An owner or operator shall keep all records required by this Article at the gasoline dispensing site for at least one year and shall make these records available to the Department upon

request.

Historical Note

Emergency rule adopted effective November 23, 1992,

pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-4). Emergency rule adopted again effective February 22, 1993 (Supp. 93-1). Emergency expired.

Emergency rule adopted again effective June 1, 1993

(Supp. 93-1). Sectioti R4-31-909 adopted as an

emergency rule permanently adopted and renumbered to

R4-31-9l0, new Section R4-31-909 adopted effective August 31, 1993 (Supp. 93-3). P.20-2-909 recodified

from R4-31-909 (Supp. 95-1). R20-2-909 renumbered to

R20-2-210; new Section R20-2-909 renumbered from

P.20-2-908 and amended effective October 8, 1998

(Supp. 98-4).

P.20-2-910. Annual Inspection and Testing A.

A person shall ensure that an annual inspection, as required by A.RS. § 41-2065(A)(l5), is conducted by a registered service representative on or before the annual inspection date. The annual inspection date is the last day ofthe month in which the last scheduled annual inspection was performed.

A registered service agency shall notify the Department in writing at least 10 business days before an annual inspection of the time, date, and location of the inspection. The Department shall notify the registered service agency within five business days, by facsim ile or electronic mail, whether it approves the annual inspec

Supp. 04-2 Page 46 June 30, 2004
E. After an annual inspection begins, a person shall not make a

repair to the vapor recovery system or component until the

results ofthe inspection are recorded.

F. A registered service representative shall perform all tests according to Article 9 and any other vapor recovery procedure that the Department issues to registered service agencies.

G. A person who cancels a witnessed inspection shall notify the

Department by calling the Department’s designated telephone number at least one hour before the scheduled inspection and

shall reschedule the test to be completed by the annual inspec tion date. A registered service agency shall notify the Depart

ment in writing at least 10 business days before an annual

inspection ofthe time, date, and location ofthe inspection. The Department shall notify the registered service agency within five business days, by facsimile or electronic mail, of itsapproval ofthe inspection date and time. The Department shall take enforcement action if a person does not comply with this

subsection.

Historical Note

Section R4-3 1-910 renumbered from emergency rule R4-

31-909 and permanently adopted with changes effective

August 31, 1993 (Supp. 93-3). R.20-2-910 recodified from

appropriate test as specified in P.20-2-910.

Historical Note

Adopted effective October 8, 1998 (Supp. 984).

Amended by final rulemaking at 10 A.A.R. 1690, effec

tive June 5, 2004 (Supp. 04-2).

R20-2-912. EnforcementIf the Department finds that a stage II vapor recovery system or

component is defective or non-compliant with one or more of theprovisions of this Chapter or A.R.S. Title 41, Chapter 15, the

Department shall issue to the owner or operator an administrative

order and place a stop-sale, stop-use tag on the non-compliant

vapor recovery system or component. The owner or operator may be required to schedule an inspection for a stage II vapor recovery

system or component to ensure that it meets all requirements of A.R.S. Title 41, Chapter 15 and this Chapter before the vapor

recovery system or component is placed in service.

Historical Note

Section R20-2-912 renumbered from P.20-2-910 and

amended effective October 8, 1998 (Supp. 984).

Amended by final rulemaking at 10 A.A.R. 1690,

effective June 5, 2004 (Supp. 04-2).

June 30, 2004 Page 47 Supp. 04-2