Unofficial version. This rtf is posted as a public courtesy online and is for private use only. The authenticated pdf is the official version. Those who intend to use the contents for resale or profit shall contact the Administrative Rules Division to pay Commercial Use fees under A.R.S. § 39-121.03 and 1 A.A.C. 1, R1-1-113.

3 A.A.C. 7
Supp. 23-1

TITLE 3. AGRICULTURE
CHAPTER 7. DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION 
The table of contents on page one contains links to the referenced page numbers in this Chapter. 
Refer to the notes at the end of a Section to learn about the history of a rule as it was published in the Arizona Administrative Register.
This Chapter contains rules that were filed to be codified in the Arizona Administrative Code between the dates of
January 1, 2023 through March 31, 2023

Refer to the Historical Notes to learn about the Sections updated in Supplement 23-1.

Questions about these rules? Contact:
Department:	Arizona Department of Agriculture|
	Weights and Measures Services Division
Address:	1802 W. Jackson St., #78
	Phoenix, AZ 85007
Website:	agriculture.az.gov
Name:	Kevin Allen, Associate Director
Telephone:	(480) 848-1709
Email:	kallen@azda.gov

PREFACE
Under Arizona law, the Department of State, Office of the Secretary of State (Office), Administrative Rules Division, accepts state agency rule notice and other legal filings and is the publisher of Arizona rules. The Office of the Secretary of State does not interpret or enforce rules in the Administrative Code. Questions about rules should be directed to the state agency responsible for the promulgation of the rule.

Scott Cancelosi, Director
ADMINISTRATIVE RULES DIVISION

RULES
The definition for a rule is provided for under A.R.S. § 41-1001. “‘Rule’ means an agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedures or practice requirements of an agency.”
RULES
The definition for a rule is provided for under A.R.S. § 41-1001. “‘Rule’ means an agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedures or practice requirements of an agency.”
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Refer to the HISTORICAL NOTE at the end of each Section for the effective date of a rule. The note also includes the Register volume and page number in which the notice was published (A.A.R.) and beginning in supplement 21-4, the date the notice was published in the Register.
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ARIZONA REVISED STATUTE REFERENCES
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RULES
The definition for a rule is provided for under A.R.S. § 41-1001. “‘Rule’ means an agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedures or practice requirements of an agency.”
RULES
The definition for a rule is provided for under A.R.S. § 41-1001. “‘Rule’ means an agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedures or practice requirements of an agency.”
An agency’s exemption is written in law by the Arizona State Legislature or under a referendum or initiative passed into law by Arizona voters.
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PERSONAL USE/COMMERCIAL USE
This Chapter is posted as a public courtesy online, and is for private use only. Those who wish to use the contents for resale or profit should contact the Office about Commercial Use fees. For information on commercial use fees review A.R.S. § 39-121.03 and 1 A.A.C. 1, R1-1-113.
Rhonda Paschal, rules managing editor, assisted with the editing of this Chapter.

TITLE 3. AGRICULTURE
CHAPTER 7. DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION 
Authority: A.R.S. §§ A.R.S. 3-107 and 3-3414
Supp. 23-1
CHAPTER TABLE OF CONTENTS
Editor’s Note: Chapter 7, including new Articles 1 through 10, were recodified from 20 A.A.C. 2 by the Department of Agriculture at 22 A.A.R. 2786. When recodified, all former Section references were revised to the new numbering scheme in this Chapter. Sections in this Chapter were originally adopted in 20 A.A.C. 2 under certain exemptions from the provisions of the Administrative Procedure Act, A.R.S. Title 41, Chapter 6. Refer to Laws 1997, Chapter 117, § 3 for more information (Supp. 16-3).

ARTICLE 1. ADMINISTRATION AND PROCEDURES
Article 1, consisting of Sections R3-7-101 through R3-7-117 and Table 1 recodified from R20-2-101 through R20-2-117 and Table 1, at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
Section
R3-7-101.	Definitions 	4
R3-7-102.	Metrology Laboratory Testing and Calibration Fees 
		5
R3-7-103.	Licensing and Fees 	5
R3-7-104.	Administrative Enforcement Action 	5
R3-7-105.	Repealed 	5
R3-7-106.	Repealed 	5
R3-7-107.	Repealed 	5
R3-7-108.	Time-frames for Licenses, Renewals, and Authorities to Construct 		5
R3-7-109.	Administrative Hearing Procedures 	6
R3-7-110.	Motion for Rehearing or Review 	6
R3-7-111.	Repealed 	7
R3-7-112.	Repealed 	7
R3-7-113.	Renumbered 	7
R3-7-114.	Renumbered 	7
R3-7-115.	Renumbered 	7
R3-7-116.	Renumbered 	7
R3-7-117.	Renumbered 	7
Table 1. 	Time-frames		7
ARTICLE 2. COMMERCIAL DEVICES
Article 2, consisting of Sections R3-7-201 through R3-7-204 recodified from R20-2-201 through R20-2-204, at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
Section
R3-7-201.	Licensing Process 	8
R3-7-202.	Repealed 	8
R3-7-203.	Approval, Installation, Use, and Sale of Devices 	8
R3-7-204.	Repealed 	8
ARTICLE 3. PACKAGING, LABELING, AND METHOD OF SALE
Article 3, consisting of Sections R3-7-301 through R3-7-313 recodified from R20-2-301 through R20-2-313, at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
Section
R3-7-301.	Repealed 	8
R3-7-302.	Packaging, Labeling, and Method of Sale 	8
R3-7-303.	Repealed 	9
R3-7-304.	Repealed 	9
R3-7-305.	Repealed 	9
R3-7-306.	Repealed 	9
R3-7-307.	Repealed 	9
R3-7-308.	Repealed 	9
R3-7-309.	Repealed 	9
R3-7-310.	Repealed 	9
R3-7-311.	Repealed 	9
R3-7-312.	Repealed 	9
R3-7-313.	Repealed 	9
ARTICLE 4. RETAIL PRICING
Article 4, consisting of Sections R3-7-401 through R3-7-412 recodified from R20-2-401 through R20-2-412, at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
Section
R3-7-401.	Repealed 	9
R3-7-402.	Retail Price Requirements; Initial Inspections; Violations and Exceptions 		9
R3-7-403.	Repealed 	10
R3-7-404.	Repealed 	10
R3-7-405.	Repealed 	10
R3-7-406.	Repealed 	10
R3-7-407.	Repealed 	10
R3-7-408.	Repealed 	10
R3-7-409.	Repealed 	10
R3-7-410.	Repealed 	10
R3-7-411.	Repealed 	10
R3-7-412.	Repealed 	10
ARTICLE 5. PUBLIC WEIGHMASTERS
Article 5, consisting of Sections R3-7-501 through R3-7-507 recodified from R20-2-501 through R20-2-507, at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
Section
R3-7-501.	Qualifications; License and Renewal Application Process 		11
R3-7-502.	Duties 	11
R3-7-503.	Grounds for Denying License or Renewal; and	Disciplinary Action 		11
R3-7-504.	Scales and Vehicle Weighing 	12
R3-7-505.	Weight Certificates 	12
R3-7-506.	Seal of Authority 	12
R3-7-507.	Prohibited Acts 	13
ARTICLE 6. REGISTERED SERVICE AGENCIES AND REPRESENTATIVES
Article 6, consisting of Sections R3-7-601 through R3-7-605 recodified from R20-2-601 through R20-2-605, at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
Section
R3-7-601.	Qualifications; License and Renewal Application Process
 		13
R3-7-602.	Duties 	14
R3-7-603.	Grounds for Denying License or Renewal; Suspension, Revocation, or Other Disciplinary Action 		15
R3-7-604.	Prohibited Acts 	15
R3-7-605.	Repealed 	16
ARTICLE 7. MOTOR FUELS AND PETROLEUM PRODUCTS
Article 7, consisting of Sections R3-7-701 through R3-7-762, and Tables A, 1, 2, and 3, recodified from R20-2-701 through R20-2-762, and Tables A, 1, 2, and 3, at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
Section
R3-7-701.	Definitions 	16
R3-7-702.	Material Incorporated by Reference 	18
R3-7-703.	Return of Motor Fuels Collected During Volumetric Inspection 		19
R3-7-704.	Motor Fuel Dispensing Site Price and Grade Posting 			19
Table 1.	Motor Fuel Descriptions 	20
R3-7-705.	Dispenser Labeling at Motor Fuel Dispensing Sites 		
		20
R3-7-706.	Repealed 	21
R3-7-707.	Product Transfer Documentation and Record Retention for Motor Fuel other than Arizona CBG and AZRBOB 		21
R3-7-708.	Gasoline Oxygenate Blends 	21
R3-7-709.	Repealed 	22
R3-7-710.	Oxygenate Blending Requirements 	22
R3-7-711.	Gasoline-Alcohol Blend Storage Tank Requirements 		22
R3-7-712.	Water in Motor Fuel Dispensing Site Storage Tanks 
		22
R3-7-713.	Motor Fuel Storage Tank Labeling 	22
R3-7-714.	Repealed 	23
R3-7-715.	Motor Fuel Standards and Testing Methods 	23
R3-7-716.	Sampling and Access to Records 	23
R3-7-717.	Motor Fuel Dispensing Site Equipment 	23
R3-7-718.	Additional Requirements for Production, Transport, Distribution, and Sale of Biofuels and Biofuel Blends 		24
R3-7-719.	Repealed 	25
R3-7-720.	Renumbered 	25
R3-7-721.	Renumbered 	25
R3-7-722.	Reserved 	25
R3-7-723.	Reserved 	25
R3-7-724.	Reserved 	25
R3-7-725.	Reserved 	25
R3-7-726.	Reserved 	25
R3-7-727.	Reserved 	25
R3-7-728.	Reserved 	25
R3-7-729.	Reserved 	25
R3-7-730.	Reserved 	25
R3-7-731.	Reserved 	25
R3-7-732.	Reserved 	25
R3-7-733.	Reserved 	25
R3-7-734.	Reserved 	25
R3-7-735.	Reserved 	25
R3-7-736.	Reserved 	25
R3-7-737.	Reserved 	25
R3-7-738.	Reserved 	25
R3-7-739.	Reserved 	25
R3-7-740.	Reserved 	26
R3-7-741.	Reserved 	26
R3-7-742.	Reserved 	26
R3-7-743.	Reserved 	26
R3-7-744.	Reserved 	26
R3-7-745.	Reserved 	26
R3-7-746.	Reserved 	26
R3-7-747.	Reserved 	26
R3-7-748.	Reserved 	26
R3-7-749.	Definitions Applicable to Arizona CBG and AZRBOB 		26
R3-7-750.	Registration Relating to Arizona CBG or AZRBOB 
		27
R3-7-751.	Arizona CBG Requirements 	27
R3-7-751.01.	Repealed 	29
R3-7-752.	General Requirements for Registered Suppliers 	29
R3-7-753.	General Requirements for Pipelines and Third-party Terminals 		31
R3-7-754.	Downstream Blending Exceptions for Transmix 	31
R3-7-755.	Additional Requirements for AZRBOB and Oxygenate Blending 		32
R3-7-756.	Downstream Blending of Arizona CBG with Nonoxygenate Blendstocks 		34
R3-7-757.	Product Transfer Documentation; Records Retention 
		34
R3-7-758.	Repealed 	35
R3-7-759.	Testing Methodologies 	35
Table A.	Arizona Weights and Measures Services Division Test Methods for Arizona CBG and AZRBOB 		36
R3-7-760.	Compliance Surveys 	36
R3-7-761.	Liability for Noncompliant Arizona CBG or AZRBOB 		38
R3-7-762.	Penalties 	38
Table 1.	Repealed 	39
Table 2.	Repealed 	39
Table 3.	Repealed 	39
ARTICLE 8. RESERVED
ARTICLE 9. REPEALED
Article 9, consisting of Sections R3-7-901 through R3-7-913, repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
Article 9, consisting of Sections R3-7-901 through R3-7-913, recodified from R20-2-901 through R20-2-913, at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
Section
R3-7-901.	Repealed 	39
R3-7-902.	Repealed 	39
R3-7-903.	Repealed 	39
R3-7-904.	Repealed 	39
R3-7-905.	Repealed 	39
R3-7-906.	Repealed 	39
R3-7-907.	Repealed 	39
R3-7-908.	Repealed 	39
R3-7-909.	Repealed 	39
R3-7-910.	Repealed 	39
R3-7-911.	Repealed 	40
R3-7-912.	Repealed 	40
R3-7-913.	Repealed 	40
ARTICLE 10. STAGE I VAPOR RECOVERY
Article 10, consisting of Sections R3-7-1001 through R3-7-1013, and Table 1, recodified from R20-2-1001 through R20-2-1013, and Table 1, at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
Section
R3-7-1001.	Material Incorporated by Reference 	40
R3-7-1002.	Exemptions 	40
R3-7-1003.	Equipment and Installation 	40
R3-7-1004.	Application Requirements and Process for Authority to Construct Plan Approval 		41
R3-7-1005.	Initial Inspection and Testing
 	42
R3-7-1006.	Fee 	42
R3-7-1007.	Operation 	42
R3-7-1008.	Training and Public Education 	43
R3-7-1009.	Recordkeeping and Reporting 	43
R3-7-1010.	Annual Testing and Inspection 	43
R3-7-1011.	Compliance Inspections and Additional Test Methods 		44
R3-7-1012.	Enforcement	44
R3-7-1013.	Stage II Vapor Recovery 	44
Table 1.	Acceptability of Final System Pressure Results for Systems Tested Using TP-201.3
 		44

ARTICLE 1. ADMINISTRATION AND PROCEDURES
R3-7-101.	Definitions
The definitions in A.R.S. §§ 3-3401, 3-3414, 3-3436, and 3-3511 and the following definitions apply to this Chapter:
1.	“ADEQ” means the Arizona Department of Environmental Quality.
2.	“Administrative order” means a notice that the Division issues for a violation of A.R.S. Title 3, Chapter 19, or this Chapter, that orders a person to take corrective action, and may include hold or removal orders, and Warning, Out-of-Service, and Stop-Sale, Stop-Use tags.
3.	“Application” means, for purposes of R3-7-108, forms and all documents and additional information the Division requires an applicant to submit when applying for a license.
4.	“ASTM” means ASTM International.
5.	“Area A” has the same meaning as in A.R.S. § 49-541.
6.	“Area B” has the same meaning as in A.R.S. § 49-541.
7.	“Area C” has the same meaning as in A.R.S. § 3-3401.
8.	“Authority to Construct” means written pre-approval by the Division to allow construction of vapor recovery systems.
9.	“CARB” means the California Air Resources Board.
10.	“CARB-certified” means, with respect to a vapor recovery system or component, that the system or component has been certified in a CARB Executive Order.
11.	“Day” means a calendar day unless otherwise specified.
12.	“EPA” means the United States Environmental Protection Agency.
13.	“Field calibration standard” has the same meaning as “secondary standards” in A.R.S. § 3-3401(38), and includes all test equipment such as weights, weight sets, measures, meters, counters, or other devices that are required for use by registered service agencies and representatives to certify the accuracy of commercial devices, and are required to be approved annually by the state metrology laboratory under A.R.S. § 3-3416.
14.	“Gasoline vapors” means volatile organic compounds in a gaseous state.
15.	“Handbook 44” means the United States Department of Commerce, Office of Weights and Measures, NIST Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov (2022 edition), incorporated by reference and on file with the Division. This incorporation by reference contains no future editions or amendments.
16.	“Handbook 130” means the United States Department of Commerce, Office of Weights and Measures, NIST Handbook 130, Uniform Laws and Regulations, Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov (2022 edition), incorporated by reference and on file with the Division. This incorporation by reference contains no future editions or amendments.
17.	“Handbook 133” means the United States Department of Commerce, Office of Weights and Measures, NIST Handbook 133, Checking The Net Contents of Packaged Goods, Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov (2020 edition), incorporated by reference and on file with the Division. This incorporation by reference contains no future editions or amendments.
18.	“Monthly throughput” means the total amount of gasoline transferred into or dispensed from a gasoline dispensing site during one calendar month.
19.	“NCWM” means the National Conference on Weights and Measures.
20.	“Net quantity” means that quantity of packaged product remaining after all necessary deductions for tare have been made.
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 dispensing site.
23.	“Out-of-Service tag” means a red rejection tag that prohibits the further commercial use of a device, signifying that a commercial device does not meet the requirements of A.R.S. Title 3, Chapter 19, Handbook 44, or this Chapter.
24.	“Person” has the same meaning as prescribed in A.R.S. § 3-3401, but includes an owner or operator of a commercial device or vapor recovery system, retail seller, wholesaler, registered supplier, pipeline, third-party terminal, packer, manufacturer, licensee, transporter, or consignee.
25.	“Placed in service” means the certification by a registered service agency or representative that a commercial device meets the requirements of Title 3, Chapter 19, Handbook 44, and this Chapter and may be used, unless the Division orders otherwise.
26.	“Placed-in-service report” means the form that a registered service representative completes and submits to the Division after newly installing a commercial device or restoring a commercial device into service.
27.	“Retail” means the sale of a commodity to a consumer.
28.	“Retail price inspection” means the inspection of a retail location for compliance with retail price posting or retail price verification requirements.
29.	“Seal of Authority” means a physical or electronic stamp or press of the Division official mark, issued to a public weighmaster, certifying the public weighmaster’s authority to issue weight certificates.
30.	“Service counter” means a display staffed by a sales associate and requires a customer to receive assistance in order to purchase a product.
31.	“Stage I vapor recovery system” has the same meaning as in A.R.S. § 3-3511.
32.	“Stage II vapor recovery system” means a system where at least 90% by weight of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling are transferred to a vapor-tight holding system or vapor control system.
33.	“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 commodity or liquid fuel, does not meet the requirements of A.R.S. Title 3, Chapter 19, Handbook 44, Handbook 130, Handbook 133, CARB Executive Orders, or this Chapter.
34.	“Underground storage tank” means a tank as described in A.R.S. § 49-1001.
35.	“Vapor recovery registered service representative” means an individual to whom the Division has issued a license authorizing the individual to conduct all vapor-recovery tests required under A.R.S. Title 3, Chapter 19, or this Chapter including annual vapor-recovery tests.
36.	“Vapor recovery test equipment” means all test equipment such as measures, meters, counters or other devices that are required for use by registered service agencies and representatives to verify the performance of vapor recovery systems, and are certified according to CARB test procedures, manufacturer specifications or this Chapter.
37.	“Warning tag” means a yellow tag that signifies a commercial device, vapor recovery system, or vapor recovery component does not comply with Title 3, Chapter 19, Handbook 44, CARB Executive Orders, or this Chapter.
38.	“Weight certificate” means a document, issued by a public weighmaster in a form approved by the Division, which certifies the accuracy of the weight of the commodity measured.
Historical Note
New Section R3-7-101 recodified from Section R20-2-101 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-102.	Metrology Laboratory Testing and Calibration Fees
A.	For all services of the Division’s Metrology Laboratory, the Division shall charge $110 per hour with a minimum charge of $50.
B.	In addition to the fee in subsection (A), the Division shall charge for travel and per diem at the rates established under A.R.S. §§ 38-623(D) and 38-624(C) for tests or calibrations conducted outside the Metrology Laboratory.
Historical Note
New Section R3-7-102 recodified from Section R20-2-102 at 22 A.A.R. 2786, effective August 16, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3).
R3-7-103.	Licensing and Fees
A.	A license is effective on the first day of the month following the date that the license application is determined by the Division to be complete and accurate. 
B.	A payment is delinquent if not received or postmarked on or before the due date. The Division shall not process a license or renewal application for which payment is delinquent.
C.	If the Division receives payment for a license that excludes the payment of applicable fees or past due civil penalties, the Division shall apply the license fee payment to the licensee’s account and issue a separate invoice for the additional monies owed to the Division. The license will not be issued by the Division until all fees due are paid.
Historical Note
New Section R3-7-103 recodified from Section R20-2-103 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-104.	Administrative Enforcement Action
A.	For a violation of A.R.S. Title 3, Chapter 19, CARB Executive Orders, Handbook 44, Handbook 130, Handbook 133, or this Chapter, the Division may:
1.	Issue a Warning, Out-of-Service, Stop-Sale, Stop-Use tag, or issue another administrative order under A.R.S. § 3-3415;
2.	Seize or condemn a Seal of Authority, weight, measure, or other commercial device under A.R.S. §§ 3-3414 and 3-3415;
3.	Impose a civil penalty under A.R.S. §§ 3-3473 and 3-3475;
4.	Revoke or suspend a license under A.R.S. § 3-3472;
5.	Utilize appropriate progressive enforcement action; or
6.	Implement any combination of subsections (A)(1) through (6).
B.	The Division may inspect or examine premises, equipment, or relevant records to determine compliance with A.R.S. Title 3, Chapter 19, CARB Executive Orders, Handbook 44, Handbook 130, Handbook 133, or this Chapter. Failure of a regulated person to comply with such inspection or examination shall be considered a violation under A.R.S. § 3-3473(A)(1). 
C.	In addition to the enforcement action in subsection (A), the Division may issue an administrative order requiring a person to excavate a vapor recovery system if the person buries a vapor recovery system or component prior to a Division pre-burial inspection.
Historical Note
New Section R3-7-104 recodified from Section R20-2-104 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-105.	Repealed
Historical Note
Repealed Section R3-7-105 recodified from repealed Section R20-2-105 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-106.	Repealed
Historical Note
Repealed Section R3-7-106 recodified from repealed Section R20-2-106 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-107.	Repealed
Historical Note
Repealed Section R3-7-107 recodified from repealed Section R20-2-107 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-108.	Time-frames for Licenses, Renewals, and Authorities to Construct
A.	For each type of license, renewal, or authority issued by the Division, 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 Division, the administrative completeness review time-frame described in A.R.S. § 41-1072(1) is set forth in Table 1 and begins on the date the Division receives an application.
1.	If the application is not administratively complete, the Division shall send a deficiency notice to the applicant.
a.	The deficiency notice shall state each deficiency and the information needed to complete the application.
b.	Within the time-frame provided in Table 1 for response to the deficiency notice, the applicant shall submit to the Division the missing information specified in the deficiency notice. The time-frame for the Division to finish the administrative completeness review is suspended from the date the Division mails or e-mails the deficiency notice to the applicant until the date the Division receives the missing information.
c.	If the applicant does not submit the missing information within the time-frame to respond to the deficiency notice set forth in Table 1, the Division shall send a written notice to the applicant informing the applicant 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 Division shall send a written notice of administrative completeness to the applicant. If the Division, within 10 days of submittal, fails to send a written notice of administrative completeness or deficiency notice outlined in subsection (B)(1), the application shall automatically be deemed administratively complete.
C.	For each type of license, renewal, or authority issued by the Division, 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 Division sends written notice of administrative completeness to the applicant.
1.	During the substantive review time-frame, the Division may make one comprehensive written request for additional information. The applicant shall submit the additional information within the time-frame provided in Table 1 for response to a comprehensive written request for additional information. The time-frame for the Division to finish the substantive review is suspended from the date the Division mails or e-mails the request until the Division receives the information.
2.	If the applicant does not submit the requested additional information within the time-frame provided in Table 1, the Division shall issue a written notice informing the applicant that the application is deemed withdrawn. An applicant who desires to reapply shall begin the application process anew.
3.	The Division shall issue a written notice of denial of license, renewal, or authority if the Division determines that the applicant does not meet all of the substantive criteria required by A.R.S. Title 3, Chapter 19, and this Chapter for a license, renewal, or authority. The notice of denial shall include:
a.	Reasons for the denial, with citations to the statutes or rules on which the denial is based; and
b.	The name and telephone number of a Division employee who can answer questions regarding the application process.
4.	If the applicant meets all of the substantive criteria required by A.R.S. Title 3, Chapter 19, and this Chapter for a license, renewal, or authority the Division shall issue the license, renewal, or authority to the applicant.
D.	The time-frame for an applicant to respond to a deficiency notice or request for additional information shall commence on the date of personal service or the postmark date.
E.	In computing any time-frame 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, Sunday, or a state holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or state holiday. Unless otherwise specified herein, the computation shall include intermediate Saturdays, Sundays and holidays.
Historical Note
New Section R3-7-108 recodified from Section R20-2-108 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-109.	Administrative Hearing Procedures
A person who is adversely affected by an action made by the Division may request a hearing to dispute license denial, inspection results, a violation, or enforcement action under A.R.S. Title 41, Chapter 6, Article 10. 
Historical Note
New Section R3-7-109 recodified from Section R20-2-109 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-110.	Motion for Rehearing or Review
A.	Except as provided in subsection (I), any party in a contested case or appealable agency action before the Division who is aggrieved by a decision rendered in the case may file with the Division, not later than 10 days after service of the decision, a written motion for rehearing or review of the decision, pursuant to A.R.S. Title 41, Chapter 6, Article 10, specifying the particular grounds for the motion. For purposes of this subsection, a decision shall be deemed to have been served when personally delivered or mailed by certified mail to the party at the party’s last known residence or place of business; or by electronic mail if the party has agreed to receive electronic notifications.
B.	A motion for rehearing or review may be amended at any time before it is ruled upon by the Division. A party shall provide a copy of any pleading on all opposing parties or parties who may be directly affected by the issues presented, and the pleading shall contain a certification of delivery to listed recipients. A response may be filed within 15 days after service of the motion or amended motion by any other party. The Division may require the filing of written briefs upon the issues raised in the motion and may provide for oral argument.
C.	A rehearing or review of the decision may only be granted for any of the following reasons materially affecting the moving party’s rights:
1.	Any irregularity in the hearing, order, or abuse of discretion depriving the moving party of a fair hearing;
2.	Misconduct of the Division, 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 of law occurring at the hearing or during the progress of the proceedings; or
7.	That the decision is not justified by the evidence or is contrary to law.
D.	If a rehearing is granted, the Division may hear the case or may refer the case to the Office of Administrative Hearings. The decision of the administrative law judge becomes the decision of the Division unless rejected or modified by the Division in accordance with A.R.S. Title 41, Chapter 6, Article 10. A decision of the Division at this level of review is a final decision.
E.	Except for a decision under subsection (I), a rehearing or review of the final Division decision shall be requested in order for the aggrieved party to have the right to appeal under A.R.S. Title 12, Chapter 7, Article 6. 
F.	The Division 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 Division may grant a rehearing or review for a reason not stated in a party’s motion. An order granting a rehearing or review shall specify the grounds on which the rehearing or review is granted. The rehearing or review shall cover only those matters so specified.
G.	The Division, on its own initiative, within the time-frame for filing a motion for rehearing or review under this Section, 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.
H.	When a motion for rehearing or review is based upon affidavits, the moving party shall serve the affidavits with the motion. An opposing party has 15 days from the date of service to serve opposing affidavits. The Division may extend the period to respond up to 20 days for good cause, or by written stipulation of the parties. If the Division permits reply affidavits, the replying party has five business days in which to serve them.
I.	If the Division makes specific findings that the immediate effectiveness of a decision is necessary for the immediate preservation of the public peace, health, and safety and that a rehearing or review of the decision is impracticable, unnecessary, or contrary to the public interest, the Division 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 application for judicial review of the decision shall be made within the time limits permitted for applications for judicial review of the Division’s final decision.
Historical Note
New Section R3-7-110 recodified from Section R20-2-110 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-111.	Repealed
Historical Note
Repealed Section R3-7-111 recodified from repealed Section R20-2-111 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-112.	Repealed
Historical Note
Repealed Section R3-7-112 recodified from repealed Section R20-2-112 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-113.	Renumbered
Historical Note
Renumbered Section R3-7-113 recodified from renumbered Section R20-2-113 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-114.	Renumbered
Historical Note
Renumbered Section R3-7-114 recodified from renumbered Section R20-2-114 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-115.	Renumbered
Historical Note
Renumbered Section R3-7-115 recodified from renumbered Section R20-2-115 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-116.	Renumbered
Historical Note
Renumbered Section R3-7-116 recodified from renumbered Section R20-2-116 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-117.	Renumbered
Historical Note
Renumbered Section R3-7-117 recodified from renumbered Section R20-2-117 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
Table 1. Time-frames 
Type of License	Authority	Administrative Completeness Review	Response to Completion Request	Substantive
Review	Response to Request for Additional Information	Overall Time-frame	
Commercial Device	R3-7-201	14	28	30	30	44	
Public Weighmaster	R3-7-501	14	28	30	30	44	
Registered Service Agency/Representative	R3-7-601	14	28	30	30	44	
Authority to Construct	R3-7-1004	14	28	30	30	44	

Historical Note
Article 1, Table 1, Time-frames (in days), recodified from 20 A.A.C. 2, Article 1, Table 1, Time-frames (in days), at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
ARTICLE 2. COMMERCIAL DEVICES
R3-7-201.	Licensing Process
A.	Before using a commercial device, a person or a contracted registered service representative shall apply for a commercial device license. The commercial device may be used without a license for up to 30 days after an application is filed with the Division. The application shall be on a form supplied by the Division 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 of the commercial device;
4.	The applicant’s signature; and
5.	The email address of the commercial device owner or operator for the Division to provide licenses, invoices, inspections and reports, enforcement action, and other notifications.
B.	A licensee shall notify the Division of a change in business name or address within 30 days of the change. The Division does not charge a fee to process a change in business name or address.
C.	Change of business ownership requires an application to transfer a license.
Historical Note
New Section R3-7-201 recodified from Section R20-2-201 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-202.	Repealed
Historical Note
Repealed Section R3-7-202 recodified from repealed Section R20-2-202 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-203.	Approval, Installation, Use, and Sale of Devices
A.	A commercial device installed or placed in use after January 1, 1975, shall have an NCWM National Type Evaluation Program (“NTEP”) Certificate of Conformance or have a California Type Evaluation Program (“CTEP”) Certificate of Approval. 
1.	If a commercial device has been continuously licensed, or evidence shows it has been in use by the owner in Arizona since January 1, 1975, the commercial device is exempt from NTEP or CTEP approval requirements.
2.	If a commercial device exempt under subsection (A)(1) fails the specifications, tolerances, or other technical requirements of Handbook 44 during a Division inspection, the Division shall issue a Stop-Sale, Stop-Use tag or seize the device per R3-7-104(A) and revoke the commercial device license under A.R.S. § 3-3472. A person shall no longer use the device commercially.
B.	A person shall not use a commercial device that has an Out-of-Service or Stop-Sale, Stop-Use tag until the person repairs the commercial device as ordered by the Division, the commercial device meets the requirements of A.R.S. Title 3, Chapter 19, Handbook 44, and this Chapter, and approval is obtained from the Division to resume use of the device. If a person sells a commercial device that has an Out-of-Service or Stop-Sale, Stop-Use tag, the seller shall not remove the tag and must disclose to the buyer that the commercial device is not in compliance.
Historical Note
New Section R3-7-203 recodified from Section R20-2-203 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-204.	Repealed
Historical Note
New Section R3-7-204 recodified from Section R20-2-204 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
ARTICLE 3. PACKAGING, LABELING, AND METHOD OF SALE
R3-7-301.	Repealed
Historical Note
Repealed Section R3-7-301 recodified from repealed Section R20-2-301 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-302.	Packaging, Labeling, and Method of Sale
A.	A person shall comply with all packaging, labeling, and method of sale requirements in Handbook 130, except as otherwise stated in this Chapter. A person shall ensure that packaged 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 Handbook 133, except as otherwise stated in this Chapter.
B.	A retail seller shall ensure that a package that is offered for sale in a random 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 if the packer is not the retailer. Pre-packaged produce does not require a label on each package if the 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 of sale.
C.	If the Division issues an administrative order to a person at location where a package inspection is held, for a package that is not in compliance with a requirement in Handbook 130 or Handbook 133, the person to whom the administrative order is issued shall correct the package violation by:
1.	Removing the package from sale;
2.	Labeling the package to reflect its correct net quantity;
3.	Placing a notice on the package that corrects the package violation, and pricing the package to reflect its correct net quantity; or
4.	Repackaging the commodity so the package contains the net quantity represented.
Historical Note
New Section R3-7-302 recodified from Section R20-2-302 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-303.	Repealed
Historical Note
Repealed Section R3-7-303 recodified from repealed Section R20-2-303 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-304.	Repealed
Historical Note
Repealed Section R3-7-304 recodified from repealed Section R20-2-304 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-305.	Repealed
Historical Note
Repealed Section R3-7-305 recodified from repealed Section R20-2-305 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-306.	Repealed
Historical Note
Repealed Section R3-7-306 recodified from repealed Section R20-2-306 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-307.	Repealed
Historical Note
Repealed Section R3-7-307 recodified from repealed Section R20-2-307 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-308.	Repealed
Historical Note
Repealed Section R3-7-308 recodified from repealed Section R20-2-308 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-309.	Repealed
Historical Note
Repealed Section R3-7-309 recodified from repealed Section R20-2-309 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-310.	Repealed
Historical Note
Repealed Section R3-7-310 recodified from repealed Section R20-2-310 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-311.	Repealed
Historical Note
Repealed Section R3-7-311 recodified from repealed Section R20-2-311 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-312.	Repealed
Historical Note
Repealed Section R3-7-312 recodified from repealed Section R20-2-312 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-313.	Repealed
Historical Note
Repealed Section R3-7-313 recodified from repealed Section R20-2-313 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
ARTICLE 4. RETAIL PRICING
R3-7-401.	Repealed
Historical Note
Repealed Section R3-7-401 recodified from repealed Section R20-2-401 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-402.	Retail Price Requirements; Initial Inspections; Violations and Exceptions
A.	Retail price requirements. In addition to the requirements in A.R.S. § 3-3431, a person who offers, exposes, or advertises a commodity for sale or rent shall:
1.	Price a commodity at the date and time that it is ordered by a customer;
2.	Post a definite, plain, and conspicuous price on the commodity or adjacent to where the commodity is displayed; 
3.	If the price of the commodity is by weight, measure, or count, place the price per weight, measure, or count on the commodity or adjacent to where the commodity is displayed; 
4.	If a price is reduced by a percentage or a fixed amount from a previously offered price, place the reduction or reduced price on the commodity or adjacent to where the commodity is displayed;
5.	Label each commodity offered for sale within a plant nursery with its identity and price, or post a sign with this information adjacent to the point of display; and
6.	Ensure that the price of each item purchased is displayed visibly to the public at each check-out location.
B.	Initial retail price inspections. The initial retail price inspection of a location is for educational purposes and administrative enforcement action will not be imposed for a violation identified during an initial inspection. An initial inspection is the first retail price inspection conducted at a location when no prior retail price inspections have occurred at that location under the current ownership.
C.	Price verification. 
1.	Violations. Items sampled for price verification that scan at a price higher than the marked or posted price are considered overcharges. An inspected location shall be found in violation if more than one overcharge is recorded in a price verification sample.
2.	Violation exceptions. Items sampled for price verification that scan at a price lower than the marked or posted price are considered undercharges, and are not a violation.
D.	Price posting.
1.	Violations. The following are price posting violations:
a.	No price is posted or displayed for an inspected item;
b.	Less than 98% of the items sampled for price posting during a retail price inspection have a marked or posted price; or
c.	A percentage or quantity discount is provided, but there is no price displayed for the item on which the consumer may calculate or compare the discounted price to the regular price.
2.	Violation exceptions. The following are not price posting violations:
a.	A price is posted or displayed as allowed in A.R.S. § 3-3431(L) and (N);
b.	A price is posted on the shelf or on a hook in front of or behind a row of items at the farthest left side of all items with the same price for up to 3 feet of shelf space, or at the farthest left and farthest right side of the shelf or hooks displaying items of the same price. For items of the same price, the Universal Product Code (“UPC”) may differ for the commodities with prices labeled in this manner, as long as the price posted is a generic price and does not refer to a specific product;
c.	A price is posted in a location clearly visible to the consumer on a vertical display containing items of the same price;
d.	A price is posted on the inside or outside of the door of a self-contained refrigerated cooler on or in front of the shelving units in a location clearly visible to the consumer;
e.	Items contained in a clearly marked storage or restocking area where a customer must ask for employee assistance to obtain an item;
f.	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;
g.	An item is located in an advertising display without a posted price but a notice is posted informing a customer to ask an employee for price information regarding an item contained in the display;
h.	A menu-type sign at a point of display that lists the name and price of every item at the point of display in legible text. A menu-type sign may also be used to display single-item purchase prices in areas where space is limited, or used to display a price for purchase of multiple items and single-item purchase prices at the point of display as long as it is posted at, above, or adjacent to the point of display;
i.	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 contained within the point of display is posted at, above, or adjacent to the point of display;
j.	A price is posted only at each entrance to a store and the posted price is the price of each item displayed for sale within the store, or a price is posted at each entrance to a department within a store and the posted price is the price of each item displayed for sale within the department;
k.	A notice states that there is an additional charge based on an item’s size and the additional charge for each size is posted at, above, or adjacent to the point of display; and
l.	An item that does not have a price displayed but is located in or behind a service counter and available only with the assistance of a sales associate as allowed in A.R.S. § 3-3431(M). If a price is displayed, it must meet the requirements of this Chapter.
Historical Note
New Section R3-7-402 recodified from Section R20-2-402 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-403.	Repealed
Historical Note
Repealed Section R3-7-403 recodified from repealed Section R20-2-403 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-404.	Repealed
Historical Note
Repealed Section R3-7-404 recodified from repealed Section R20-2-404 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-405.	Repealed
Historical Note
Repealed Section R3-7-405 recodified from repealed Section R20-2-405 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-406.	Repealed
Historical Note
Repealed Section R3-7-406 recodified from repealed Section R20-2-406 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-407.	Repealed
Historical Note
Repealed Section R3-7-407 recodified from repealed Section R20-2-407 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-408.	Repealed
Historical Note
Repealed Section R3-7-408 recodified from repealed Section R20-2-408 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-409.	Repealed
Historical Note
Repealed Section R3-7-409 recodified from repealed Section R20-2-409 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-410.	Repealed
Historical Note
Repealed Section R3-7-410 recodified from repealed Section R20-2-410 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-411.	Repealed
Historical Note
Repealed Section R3-7-411 recodified from repealed Section R20-2-411 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-412.	Repealed
Historical Note
Repealed Section R3-7-412 recodified from repealed Section R20-2-412 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
ARTICLE 5. PUBLIC WEIGHMASTERS
R3-7-501.	Qualifications; License and Renewal Application Process
A.	In addition to the requirements of A.R.S. § 3-3453, to be a public weighmaster or a deputy public weighmaster, a person shall:
1.	Be at least 18 years old, and
2.	Be able to execute weight certificates properly.
B.	A person shall not perform the duties of a public weighmaster until the person passes the written public weighmaster examination administered by the Division with a minimum score of 75%. A person may not take the examination more than three times in six months and must wait seven days before retaking the exam.
C.	A person that meets the qualifications for public weighmaster or deputy public weighmaster may apply for a license on a form supplied by the Division. A separate application shall be submitted for each location where the public weighmaster or deputy public weighmaster will issue weight certificates.
1.	The application form includes:
a.	The applicant’s name, address, telephone number, and email address;
b.	A statement by the applicant that the applicant knows and understands public 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 weighmaster operating at each location;
b.	A statement that the public weighmaster understands they are responsible to ensure that any deputy public weighmasters working at the location are adequately trained and licensed;
c.	The name and address of the scale; and
d.	The scale description.
3.	The deputy public weighmaster application shall be on a form provided by the Division, and include a certification that the applicant understands the requirements in this Article. The deputy public weighmaster application shall be signed by both the public weighmaster and the applicant.
4.	An applicant may be required to submit evidence of qualifications.
5.	The public weighmaster shall ensure all deputy public weighmasters are licensed for the location prior to their issuance of weight certificates.
6.	An applicant shall submit information and documentation concerning lawful presence required by A.R.S. § 41-1080.
D.	Before the Division issues or renews a public weighmaster or deputy public weighmaster license, the applicant shall pay the required fees and provide information required in A.R.S. Title 3, Chapter 19, and this Chapter.
E.	A public weighmaster licensee shall notify the Division of a change in business name or address within 30 days of the change. The Division does not charge a fee to process a change in name or address.
F.	Change of business ownership requires an application to transfer a license. 
G.	In the event a public weighmaster leaves employment, a licensed deputy public weighmaster may utilize a public weighmaster stamp that contains only the location identity as issued under R3-7-506(B) for 30 days at a location while a public weighmaster license application is underway. A public weighmaster stamp containing the public weighmaster’s name may not continue to be used following a public weighmaster’s departure.
Historical Note
New Section R3-7-501 recodified from Section R20-2-501 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-502.	Duties
A public weighmaster shall:
1.	Be responsible for the daily operation and maintenance of the licensed scale used when performing public weighmaster duties;
2.	Use scales according to applicable laws and rules;
3.	Be responsible for all acts performed by any deputy public weighmaster designated by the public weighmaster; and
4.	Ensure that deputy public weighmasters are licensed prior to their issuance of a weight certificate and cancel deputy public weighmasters licenses within 10 days of their leaving employment to ensure each location has the correct number of licensed deputy public weighmasters. A deputy public weighmaster license may be canceled by sending an email or other written notification to the Division.
Historical Note
New Section R3-7-502 recodified from Section R20-2-502 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-503.	Grounds for Denying License or Renewal; and	Disciplinary Action
A.	The Division may deny a public or deputy public weighmaster license for any of the following reasons:
1.	Providing false or misleading information;
2.	Failing to meet the requirements stated in this Article; or
3.	Any of the reasons stated in subsections (B)(1) through (8).
B.	The Division may impose disciplinary action against, or refuse to renew a public weighmaster’s license for any of the reasons stated in subsection (A)(1) or (2), or if the Division has determined that the public weighmaster:
1.	Does not have the ability to conduct an accurate weighment for producing weight certificates;
2.	Has produced an incorrect, inaccurate, or falsified weight certificate;
3.	Has been found to violate any provision of A.R.S. Title 3, Chapter 19, or this Chapter;
4.	Has delegated authority to someone other than a licensed public weighmaster or deputy public weighmaster;
5.	Has improperly used a public weighmaster’s Seal of Authority;
6.	Has pre-signed certificates for later use;
7.	Has issued a weight certificate on which changes or alterations were made; or
8.	Has used a scale for public weighing that is not properly licensed.
Historical Note
New Section R3-7-503 recodified from Section R20-2-503 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-504.	Scales and Vehicle Weighing
A.	When making a weight determination, a public weighmaster shall use a scale 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 of the scale.
C.	The owner or user of a scale is responsible for the accuracy of the scale used by a public weighmaster. The owner 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 Division shall separately license and regulate each scale location.
F.	A public weighmaster or deputy public weighmaster shall weigh any vehicle or combination of vehicles on a scale having a platform that fully accommodates the 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
New Section R3-7-504 recodified from Section R20-2-504 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-505.	Weight Certificates
A.	In issuing a weight certificate, a public weighmaster shall enter only weight information or other required information that the public weighmaster or deputy public weighmaster has accurately and personally determined.
B.	A public weighmaster or deputy public weighmaster shall not make any entries on a weight certificate issued by another person.
C.	By signing a weight certificate, a public weighmaster or deputy public weighmaster shall be responsible for the accuracy of all entries on the weight certificate.
D.	A weight certificate is valid only when marked with the Seal of Authority and signed by the issuing public weighmaster or deputy public weighmaster. 
E.	A Seal of Authority may be printed electronically on a weight certificate if it is identical in appearance to the Seal of Authority issued by the Division.
F.	A public weighmaster or deputy public weighmaster’s signature may be printed electronically on the weight certificate in lieu of a handwritten signature if the electronic signature is that of the public weighmaster or deputy public weighmaster who weighed the commodity. To issue a weight certificate with an electronic Seal of Authority and signature, the public weighmaster or deputy public weighmaster shall have an individual login associated with the electronic Seal of Authority and signature or other security measures in place to prevent unauthorized persons from use.
G.	If an error is made on a weight certificate, the public weighmaster or deputy public weighmaster shall void the certificate and issue a new certificate. No changes or alterations shall be made on a weight certificate.
H.	A weight certificate shall state:
1.	The date of issuance;
2.	The name of the declared owner, agent, or consignee of the material weighed;
3.	The accurate weight of the material weighed or counted;
4.	The means by which the material is being transported at the time it is weighed or counted;
5.	The license plate number of the transporting unit; 
6.	The printed name, signature, and license number of the public weighmaster or deputy public weighmaster issuing the weight certificate; and
7.	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 public weighmaster, and when properly signed and sealed, is prima facie evidence of the accuracy of the weight, count, or measure shown as prescribed by law.”
I.	A public weighmaster shall maintain a legible copy of each weight certificate issued at each scale location, for a minimum of one year. A public weighmaster shall also ensure that weight certificates are consecutively numbered and filed numerically, including voided weight certificates. A public weighmaster shall not use another filing system without Division approval.
J.	A public weighmaster is liable for any forged physical, printed, or electronic signatures.

Historical Note
New Section R3-7-505 recodified from Section R20-2-505 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-506.	Seal of Authority
A.	A public weighmaster shall obtain a Seal of Authority for the certification of weight certificates at cost through the Division.
B.	The Division shall assign a number to a Seal of Authority that identifies the specific location for which the Seal of Authority is issued.
C.	A Seal of Authority is the property of the state. A public weighmaster shall surrender their assigned Seal of Authority to the Division within 30 days after the public weighmaster no longer operates as a licensed public weighmaster if the Seal of Authority contains the public weighmaster’s name. If the Seal of Authority was issued under R3-7-506(B) and only contains the location identification number, it may be retained for use by the next licensed public weighmaster at the location if it is still legible. Illegible seals or seals used in violation of an administrative order shall be seized by the Division.
D.	A public weighmaster shall have one Seal of Authority for use at each scale location.
E.	A Seal of Authority shall be accessible to the public weighmaster and authorized deputy public weighmasters 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 Division during all business hours.
G.	A public weighmaster may recreate the Seal of Authority assigned by the Division in an electronic format for use as provided under R3-7-505(E) and (F). The Division shall provide a template of the Seal of Authority.
Historical Note
New Section R3-7-506 recodified from Section R20-2-506 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-507.	Prohibited Acts
A.	A person shall not:
1.	Issue a certified weight certificate without being a licensed public weighmaster or a deputy public weighmaster authorized to act for a public weighmaster;
2.	Procure, print, or cause to be printed any public weighmaster weight certificate without being a licensed public weighmaster or a deputy public weighmaster authorized to act for a public weighmaster;
3.	Possess unfilled or unused weight certificates without being a licensed public weighmaster or a deputy public weighmaster authorized to act for a public weighmaster;
4.	Furnish or give false information to a public weighmaster or deputy public weighmaster for use in the completion of a weight certificate;
5.	Present a weight certificate for payment falsified by the insertion of any weight, measure, or count not determined by the issuing public weighmaster;
6.	Use without authorization the title “licensed public weighmaster” or any similar title; represent oneself to be a public weighmaster without holding a license issued by the Division; or engage in public weighing without holding a valid license as a public weighmaster or a deputy public weighmaster authorized to act for a public weighmaster; or
7.	Use an unlicensed scale in the performance of public weighmaster duties.
B.	Nothing in subsection (A) shall be construed to prevent administrative staff of the public weighmaster or deputy public weighmaster from performing administrative duties such as filing weight certificates.
C.	People engaged in the business of printing weight certificate forms, their representatives, and the Division are exempt from the prohibitions specified in subsections (A)(2) and (3).
Historical Note
New Section R3-7-507 recodified from Section R20-2-507 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
ARTICLE 6. REGISTERED SERVICE AGENCIES AND REPRESENTATIVES
R3-7-601.	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 3, Chapter 19, Handbook 44, CARB Executive Orders, and this Chapter;
b.	The applicant provided its representative with a copy of the portions of A.R.S. Title 3, Chapter 19, Handbook 44, CARB Executive Orders, and this Chapter relating to registered service representative duties;
c.	The applicant:
i.	Possesses the necessary certified field calibration standards that meet the requirements of A.R.S. § 3-3416 for installing, repairing, or servicing commercial devices; and
ii.	Possesses the necessary vapor recovery test equipment calibrated in the time-frame required by the equipment manufacturer or CARB Executive Orders to perform the required testing of a vapor recovery system or vapor recovery component; or
iii.	Has pre-filed with the Division documentation that the applicant has:
(a)	Access to the necessary field calibration standards and vapor recovery test equipment belonging to another registered service agency;
(b)	Written approval from that registered service agency to use its field calibration standards and vapor recovery test equipment;
(c)	Documentation supporting that the field calibration standards meet the requirements of A.R.S. § 3-3416(F); and
(d)	Documentation supporting that the vapor recovery test equipment meets the calibration requirements established by the CARB test procedure or this Chapter.
d.	The applicant shall ensure that its registered service representative operates field calibration standards and vapor recovery test equipment according to A.R.S. Title 3, Chapter 19, Handbook 44, CARB Executive Orders, and this Chapter.
2.	The Division shall not issue a registered service agency license until at least one of the applicant’s employees passes a registered service representative competency exam.
3.	An applicant for a registered service agency license shall submit an application form, obtained from the Division that provides:
a.	Name, address, telephone number, and email address;
b.	License information from other states;
c.	Types of devices serviced, repaired, or installed, or vapor recovery systems or components repaired or tested;
d.	A list of all of the applicant’s field calibration standards and vapor recovery test equipment with corresponding serial or identification numbers;
e.	Branch office information;
f.	Names of registered 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.
1.	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 3, Chapter 19, Handbook 44, CARB Executive Orders, and this Chapter;
b.	The applicant possesses the necessary training or experience regarding appropriate field calibration standards and vapor recovery test equipment to service the specific commercial device, vapor recovery system, or vapor recovery system component indicated on the application; and
c.	The applicant has passed the competency examination specified in subsection (C).
2.	An applicant for a registered service representative license shall submit an application on a form obtained from the Division that provides:
a.	Name, address, telephone number, and email address;
b.	License information from other states;
c.	An indication of whether the applicant is applying to be a registered service representative or a vapor recovery registered service representative;
d.	A summary of the types of devices serviced, repaired, or installed, or vapor recovery systems or components repaired or tested;
e.	Work experience with other registered service agencies in Arizona or other states;
f.	License and disciplinary history; and
g.	Applicant’s signature.
3.	An applicant for a vapor recovery registered service representative license shall maintain and make available to the Division upon request evidence of being certified by the manufacturer to test or repair all vapor recovery systems and components.
4.	An applicant shall submit information and documentation concerning lawful presence required by A.R.S. § 41-1080.
C.	Competency examination. Before an applicant is issued a registered service representative license, the applicant shall pass a Division-administered competency examination.
1.	An applicant for a vapor recovery registered service representative license shall complete the Division’s training class before taking the competency examination. The Division may waive the training class requirement for up to 12 months for new applicants.
2.	An applicant shall bring a copy of Handbook 44 to the examination site. An applicant for a vapor recovery registered service representative license shall additionally bring copies of CARB test procedures, Executive Orders, and Division Standard Operating Procedures.
3.	An applicant shall complete the competency examination within the time specified by the Division and pass with a score of 75% or greater.
4.	The Division shall not allow an applicant to take the competency examination more than three times in six months and the applicant must wait seven days prior to retaking the exam.
5.	The associate director may contract with a third-party testing company to administer competency examinations to provide added convenience to registered service representative applicants. Taking exams through a third party is optional and the registered service representative shall be responsible for payment of any additional costs related to third-party testing.
D.	As required under A.R.S. § 3-3454(G), the Division shall specify on a registered service representative license the type of service that the registered service representative is approved to perform.
E.	Renewal of a registered service representative license. Under A.R.S. § 3-3454(D), a registered service representative license is valid for 12 months and expires unless renewed. To renew a registered service representative license, the registered service agency employing the registered service representative shall submit the renewal fee for the agency license and the agency’s registered service representative licenses by the first day of the month that each license expires. Before submitting the renewal fee, the registered service agency shall ensure that once every 36 months a vapor registered service representative completes the Division’s training class and takes and passes the Division’s written vapor recovery competency examination.
F.	A registered service agency licensee shall notify the Division of a change in business name or address within 30 days of the change. The Division does not charge a fee to process a change in business name or address. 
G.	Change of business ownership requires application for a new license. Existing registered service representatives may move their license to a new registered service agency without being subject to the requirements in subsection (C).
Historical Note
New Section R3-7-601 recodified from Section R20-2-601 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-602.	Duties
A.	Registered service agency.
1.	A registered service agency shall:
a.	Maintain all field calibration standards used for commercial device certification according to standards traceable to NIST;
b.	Use the appropriate type and quantity of field calibration standards when testing, repairing, or certifying a commercial device according to A.R.S. Title 3, Chapter 19, Handbook 44, and this Chapter; and
c.	Maintain and use vapor recovery test equipment according to this Chapter, CARB test procedures, and manufacturer specifications.
2.	When a registered service agency restores or newly places a commercial device into service, or restores a commercial device into service as the result of an Out-of-Service or Stop-Sale, Stop-Use tag, or an administrative order, the registered service agency shall complete a placed-in-service report form prescribed by the Division.
a.	Within seven days after the commercial device is newly placed into service or restored into service, the registered service agency shall complete an online placed-in-service report to the Division. If an online placed-in-service report is not available for the device, a paper report shall be submitted;
b.	The registered service agency shall provide a copy of the placed-in-service report to the person who owns or operates the commercial device;
c.	The registered service agency shall retain a copy of the placed-in-service report for one year;
d.	The registered service agency shall ensure that the placed-in-service report contains the assigned license number of the registered service representative who installs or restores the commercial device and completes the report;
e.	The registered service agency shall ensure that the placed-in-service report is completed and signed by the registered service representative noting each commercial device newly installed or restored into service; and
f.	The registered service agency shall ensure that the placed-in-service report includes the serial or identification number of each field calibration standard used by the registered service representative to calibrate each commercial device newly installed or restored to service.
3.	A registered service agency shall have all field calibration standards certified annually as required under A.R.S. § 3-3416. Vapor recovery test equipment shall be certified as required by the CARB test procedure or this Chapter.
4.	A registered service agency shall not use a new field calibration standard until it is certified as required under A.R.S. § 3-3416.
5.	A registered service agency shall ensure that its employee does not perform registered service representative duties until the Division licenses the employee as a registered service representative. A registered service agency may train an employee in registered service representative duties only if the employee is within the direct line of sight and hearing of a supervising licensed registered service representative.
6.	A registered service agency shall use a form approved by the Division to record vapor recovery test results and violations. The test results shall be e-mailed to the Division within seven days after completion of the test.
7.	A registered service agency shall retain a copy of a required vapor recovery test report for a period of one year.
8.	A registered service agency shall ensure that its registered service representative provides a vapor recovery system owner or operator with written test preparation instructions, at least five business days before an initial or annual test.
B.	Registered service representative.
1.	A registered service representative shall:
a.	Perform only the type of service that they are approved by the Division to perform;
b.	Install only commercial devices that meet the requirements of this Chapter;
c.	Perform all vapor recovery tests according to this Chapter;
d.	Perform all appropriate tests before a commercial device is placed in service, including when a commercial device is newly installed or restored to service, to ensure that the requirements of A.R.S. Title 3, Chapter 19, this Chapter, Handbook 44 are met;
e.	Perform all appropriate tests when installing, repairing, or replacing a vapor recovery system or component to ensure that the requirements of A.R.S. Title 3, Chapter 19, this chapter, and CARB Executive Orders are met;
f.	Report to the user equipment or commercial devices that do not conform to NIST standards;
g.	Complete placed-in-service reports accurately;
h.	Obtain and keep current, during the term of the registered service representative license, all required federal, state, and local licenses and ensure compliance with all federal, state, and local laws, rules, regulations, and policies governing the occupation of a registered service representative.
2.	A registered service representative shall report to the Division within one hour by email or telephone of finding a device that is not certified as part of the NTEP Certificate of Conformance under R3-7-203(A) and is installed to fraudulently obtain motor fuel or consumer payment card information, and the registered service representative shall contact the local law enforcement agency for collection of the device as evidence.
3.	If a vapor recovery registered service representative cannot 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 component shall not be used for commercial purposes until it is repaired and passes the test required by R3-7-1010. The registered service representative shall notify the Division of the secured, non-compliant vapor recovery system or component prior to leaving the site. The registered service representative shall notify the Division regarding retest of the site by 6:00 a.m. of the day after the non-compliant vapor recovery system or component is secured or one hour before the test, whichever is sooner, so that the Division may witness the test.
Historical Note
New Section R3-7-602 recodified from Section R20-2-602 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-603.	Grounds for Denying License or Renewal; Suspension, Revocation, or Other Disciplinary Action
The Division may deny a license or renewal, suspend or revoke a license, or impose other discipline, for any of the following reasons:
1.	Providing false or misleading information;
2.	Failure to meet annual certification requirements for field calibration standards or vapor recovery test equipment;
3.	Failure to pay required fees;
4.	Violating any requirements stated in A.R.S. Title 3, Chapter 19, or this Chapter.; or
5.	If an applicant, registered service agency, or registered service representative is not qualified to perform the duties of a registered service representative or registered service agency.
Historical Note
New Section R3-7-603 recodified from Section R20-2-603 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-604.	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 representative without holding a registered service agency or registered service representative license issued by the Division;
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 without a valid license; or
3.	Remove an official Out-of-Service or Stop-Sale, Stop-Use tag except as authorized in this Chapter, or by the Division.
B.	A registered service agency or registered service representative shall not:
1.	Fraudulently complete or file an incomplete placed-in-service report;
2.	Delegate licensed authority or responsibility to an unlicensed person;
3.	Perform a function without certified field calibration standards or vapor recovery test equipment;
4.	Newly install or restore a commercial device into service before satisfying all requirements of A.R.S. Title 3, Chapter 19, or this Chapter;
5.	Fail to report a commercial device to the Division that is found to be out of compliance under R3-7-602;
6.	Calibrate a commercial device without placing a decal or label on the device as prescribed by the associate director;
7.	Leave a location where there is a non-compliant commercial device without securing the commercial device from commercial use; or
8.	Leave a vapor recovery site where there is a non-compliant system or component without securing the system or component from use.
Historical Note
New Section R3-7-604 recodified from Section R20-2-604 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-605.	Repealed
Historical Note
New Section R3-7-605 recodified from Section R20-2-605 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
ARTICLE 7. MOTOR FUELS AND PETROLEUM PRODUCTS
R3-7-701.	Definitions
In addition to the definitions in A.R.S. § 3-3401 and R3-7-101, the following definitions apply to this Article unless the context otherwise requires:
1.	“Address” means a street number, street name, city, state, and zip code.
2.	“Arizona CBG” means Arizona cleaner burning gasoline, and is 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 in motor vehicles within the CBG-covered area, except as provided under A.R.S. §§ 3-3493(I) and 3-3494(H).
3.	“AZRBOB” means “Arizona Reformulated Blendstock for Oxygenate Blending” and is a combination of gasoline blendstocks that is intended to be or represented to constitute Arizona CBG upon the addition of a specified amount (or range of amounts) of an oxygenate not prohibited by A.R.S. § 3-3491(E) after the blendstock is supplied from the facility at which it was produced or imported.
4.	“Batch” means a quantity of motor fuel or AZRBOB that is homogeneous for motor fuel properties specific for the motor fuel standards applicable to that motor fuel or AZRBOB.
5.	“Biodiesel” has the same meaning as prescribed under A.R.S. § 3-3401.
6.	“Biodiesel blend” has the same meaning as prescribed under A.R.S. § 3-3401. Per ASTM D975, diesel fuel may contain 5% or less biodiesel and is not considered to be a biodiesel blend.
7.	“Biofuel” has the same meaning as prescribed under A.R.S. § 3-3401.
8.	“Biofuel blend” has the same meaning as prescribed under A.R.S. § 3-3401.
9.	“Biofuel blender” means a person that modifies a motor fuel by adding a biofuel.
10.	“Biofuel producer” means a person that owns, leases, operates, controls, or supervises a facility at which biofuel is produced.
11.	“Biofuel Supplier” means a marketer or jobber of a biofuel or biofuel blend.
12.	“Biomass” has the same meaning as prescribed under A.R.S. § 3-3401.
13.	“Biomass-based diesel” has the same meaning as prescribed under A.R.S. § 3-3401.
14.	“Biomass-based diesel blend” has the same meaning as prescribed under A.R.S. § 3-3401.
15.	“Blendstock” means any liquid compound that is blended with another liquid compound to produce a motor fuel, including Arizona CBG. A deposit-control or similar additive registered under 40 CFR 79 is not a blendstock.
16.	“CARBOB Model” means the requirements and procedures incorporated by reference in R3-7-702(12) and (13).
17.	“CBG Blender” means a person that owns, leases, operates, controls, or supervises any facility, other than a refinery or transmix processing facility, where AZRBOB or Arizona CBG is produced by combining blendstocks or by combining blendstocks with fuel. Types of blending facilities include, but are not limited to, terminals, storage tanks, plants, tanker trucks, retail outlets, and marine vessels.
18.	“CBG-covered area” means:
a.	A county with a population of 1,200,000 or more persons according to the most recent United States decennial census;
b.	Any portion of a county within area A; and
c.	Any portion of a county within area C from June 1 through September 30 of each year.
19.	“Conventional gasoline” means gasoline that conforms to the requirements of this Chapter for sale or use in Arizona, but does not meet the requirements of Arizona CBG or AZRBOB.
20.	“Diesel fuel” or “Diesel” has the same meaning as prescribed under A.R.S. § 3-3401. Per ASTM D975, diesel fuel may contain 5% or less biodiesel.
21.	“Duplicate” means a portion of a sample that is treated the same as the original sample to determine the accuracy and precision of an analytical method.
22.	“E15” means gasoline that contains more than 10 and no more than 15 volume percent ethanol.
23.	“EPA waiver” means a waiver granted by EPA as described in “Waiver Requests under Section 211(f) of the Clean Air Act,” which is incorporated by reference in R3-7-702(6).
24.	“Ethanol” means an alcohol of the chemical formula C2H5OH. Ethanol is provided in gasoline-ethanol blends by blending denatured fuel ethanol.
25.	“Ethanol flex fuel” has the same meaning as prescribed under A.R.S. § 3-3401.
26.	“Final destination” means the name and address of the location to which a transferee will deliver motor fuel for further distribution or final consumption.
27.	“Final distribution facility” means a stationary motor-fuel transfer point at which motor fuel or AZRBOB is transferred into a cargo tank truck, pipeline, or other delivery vessel from which the motor fuel or AZRBOB will be delivered to a motor-fuel dispensing site. A cargo tank truck is a final distribution facility if the 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 of the resulting motor fuel to a motor-fuel dispensing site.
28.	“Fleet” means at least 25 motor vehicles owned or leased by the same person.
29.	“Fleet vehicle fueling facility” means a facility or location where a motor fuel is dispensed for final use by a fleet.
30.	“Fuel ethanol” means denatured ethanol that meets the requirements in ASTM D4806, which is incorporated by reference in R3-7-702(4).
31.	“Fuel property” means any characteristic listed in R3-7-751(A)(1) through (8), R3-7-751(B)(1) through (7), R3-7-751(D), or any other motor fuel standard referenced in this Article.
32.	“Gasoline” has the same meaning as prescribed under A.R.S. § 3-3401.
33.	“Isobutanol” means butanol isomer 2-methyl-1-propanol that meets the requirements in ASTM D7862, which is incorporated by reference in R3-7-702(9).
34.	“Jobber” means a person that distributes a motor fuel from a bulk storage plant or terminal to the owner or operator of an underground or above-ground storage tank.
35.	“Marketer” means a person engaged in selling or offering for sale motor fuels.
36.	“Motor Fuel” has the same meaning as prescribed under A.R.S. § 3-3401.
37.	“Motor fuel dispensing site” means a facility or location where a motor fuel is dispensed into commerce for final use.
38.	“Motor vehicle” means a vehicle equipped with a spark-ignited or compression-ignition internal combustion engine except:
a.	A vehicle that runs on or is guided by rails, or
b.	A vehicle designed primarily for travel through air or water.
39.	“MTBE” means methyl tertiary butyl ether.
40.	“Neat” means pure or 100%.
41.	“NOx” means oxides of nitrogen.
42.	“Octane” or “octane rating” means the anti-knock characteristic of gasoline as determined by the resulting arithmetic test average of ASTM D2699 and ASTM D2700.
43.	“Oxygenate” has the same meaning as prescribed under A.R.S. § 3-3401.
44.	“Oxygenate blender” means a person that owns, leases, operates, controls, or supervises an oxygenate-blending facility, or that owns or controls the blendstock or gasoline used, or the gasoline produced, at an oxygenate-blending facility.
45.	“Oxygen content” means the percentage by weight of oxygen contained in a gasoline oxygenate blend as determined under ASTM D4815.
46.	“Pipeline” means a transporter that owns or operates an interstate common-carrier pipe or is subject to Federal Energy Regulatory Commission tariffs to transport motor fuels into Arizona.
47.	“PM” means predictive model.
48.	“Predictive Model Procedures” means CARB’s “California Procedures for Evaluating Alternative Specifications for Phase 2 Reformulated Gasoline Using the California Predictive Model,” as adopted April 20, 1995.
49.	“Premium diesel” means a diesel fuel meeting the requirements in ASTM D975 and in Handbook 130, Uniform Engine Fuels and Automotive Lubricants Regulations, Section 2.2.1(a) through 2.2.1(f).
50.	“Producer” means a refiner, CBG blender, or other person that produces a motor fuel, including Arizona CBG or AZRBOB.
51.	“Production facility” means a facility at which a motor fuel, including Arizona CBG or AZRBOB, is produced. Upon request of a producer, the associate director may designate, as part of the producer’s production facility, a physically separate bulk storage facility that:
a.	Is owned or leased by the producer;
b.	Is operated by or at the direction of the producer; and
c.	Is used to store or distribute motor fuels, including Arizona CBG or AZRBOB, that are supplied only from the production facility.
52.	“Product transfer document” has the same meaning as prescribed under A.R.S. § 3-3401.
53.	“Refiner” means a person that owns, leases, operates, controls, or supervises a refinery in the United States, including its trust territories.
54.	“Refinery” means a facility that produces a liquid fuel, including Arizona CBG or AZRBOB, by distilling petroleum, or a transmix facility that produces a motor fuel offered for sale or sold into commerce as a finished motor fuel.
55.	“Reproducibility” means the testing method margin of error as provided in the ASTM specification or other testing method required under this Article.
56.	“Supply” means to provide or transfer motor fuel to a physically separate facility, vehicle, or transportation system.
57.	“Terminal” means an owner or operator of a motor fuel storage tank facility that accepts custody, but not necessarily ownership, of a motor fuel from a registered supplier, oxygenate blender, pipeline, or other terminal and relinquishes custody of the motor fuel to a transporter or another terminal.
58.	“Test result” means any document that contains a result of testing including all original test measures, all subsequent test measures that are not identical to the original test measure, and all worksheets on which calculations are performed.
59.	“Transferee” means a person that receives title to or custody of a motor fuel.
60.	“Transferor” means a person that relinquishes title to or custody of a motor fuel to a transporter, marketer, jobber, or motor fuel dispensing site.
61.	“Transmix” means a mixture of petroleum distillate fuel and gasoline that does not meet the Arizona standards for either petroleum distillate fuels or gasoline.
62.	“Transmix facility” means a facility at which transmix is processed into its components and then the components either are combined with a finished product or further processed to produce a finished motor fuel.
63.	“Transporter” means a person that causes motor fuels, including Arizona CBG or AZRBOB, to be transported into or within Arizona.
64.	“Vapor pressure” means dry vapor pressure equivalent of gasoline or blendstock as measured according to ASTM D5191.
65.	“VOC” means volatile organic compound.
Historical Note
New Section R3-7-701 recodified from Section R20-2-701 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-702.	Material Incorporated by Reference
The following documents are incorporated by reference and on file with the Division. The documents incorporated by reference contain no future editions or amendments.
1.	16 CFR 306 - Automotive Fuel Ratings, Certification and Posting, December 8, 2021 Edition, Government Publishing Office, 732 North Capitol Street, NW, Washington, D.C. 20401-0001 or bookstore.gpo.gov (herein referred to as “16 CFR 306”).
2.	API Recommended Practice 1637 (API RP 1637), “Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals,” 4th edition published April 2020, American Petroleum Institute (API), 200 Massachusetts Avenue NW Suite 1100, Washington, DC, 20001-5571 (herein referred to as “API 1637”).
3.	ASTM Standard D975-21, “Standard Specification for Diesel Fuel,” published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D975”).
4.	ASTM Standard D4806-21a, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel,” published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D4806”).
5.	ASTM Standard D4814-21c, “Standard Specification for Automotive Spark-Ignition Engine Fuel,” published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D4814”).
6.	Waiver Requests under Section 211(f) of the Clean Air Act, (Document EPA-420-B-19-054, October 2019 edition), United States Environmental Protection Agency, Transportation and Regional Programs Division, Fuels Program Support Group, Mail Code 6406-J, Washington, D.C. 20460 (herein referred to as “Section 211(f) of the Clean Air Act”).
7.	ASTM Standard D5798-21, “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines,” published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D5798”).
8.	ASTM Standard D6751-20a, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels,” published 2020, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D6751”).
9.	ASTM Standard D7862-21, “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel,” published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D7862”).
10.	California Air Resources Board, “California Procedures for Evaluating Alternative Specifications for Phase 2 Reformulated Gasoline Using the California Predictive Model,” adopted April 20, 1995. A copy may be obtained at: CARB, P.O. Box 2815, Sacramento, CA 95812 or www.arb.ca.gov (herein referred to as “PM” or “Predictive Model Procedures”).
11.	The Federal Complex Model contained in 40 CFR 80.45, January 1, 1999. A copy may be obtained at: Government Publishing Office, 732 North Capitol Street, NW, Washington, D.C. 20401-0001 or bookstore.gpo.gov (herein referred to as “Federal Complex Model”).
12.	California Air Resources Board, The California Reformulated Gasoline Regulations, Title 13, California Code of Regulations, Section 2266.5 (Requirements Pertaining to California Reformulated Gasoline Blendstock for Oxygen Blending (CARBOB) and Downstream Blending), as of April 9, 2005. A copy may be obtained at: CARB, P.O. Box 2815, Sacramento, CA 95812 or www.arb.ca.gov.
13.	California Air Resources Board, Procedures for Using the California Model for California Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB), adopted April 25, 2001. A copy may be obtained at: CARB, P.O. Box 2815, Sacramento, CA 95812 or www.arb.ca.gov.
14.	ASTM Standard D7467-20a, “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20),” published 2020, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D7467”).
15.	SAE International, SAE J285, “Dispenser Nozzle Spouts for Liquid Fuels Intended for Use with Spark Ignition and Compression Ignition Engines,” published April 2019, SAE International, 400 Commonwealth Drive, Warrendale, PA 15096 or www.sae.org (herein referred to as “SAE J285”).
16.	ASTM Standard D4057-19, “Standard Practice for Manual Sampling of Petroleum and Petroleum Products,” published 2019, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D4057”).
17.	NIST Handbook 158, Field Sampling Procedures for Fuel and Motor Oil Quality Testing, Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov (April 2016), incorporated by reference and on file with the Division (herein referred to as “Handbook 158”). This incorporation by reference contains no future editions or amendments.
18.	ASTM Standard D2699-21, “Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel,” published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D2699”).
19.	ASTM Standard D2700-22, “Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel,” published 2022, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D2700”).
20.	ASTM Standard D7717-11(Reapproved 2021), “Standard Practice for Preparing Volumetric Blends of Denatured Fuel Ethanol and Gasoline Blendstocks for Laboratory Analysis,” published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as “ASTM D7717”).
21.	American Petroleum Institute (API) Manual of Petroleum Measurement Standards, Chapters 3.1A (Third Edition, August 2013, Reaffirmed December 2018) and 3.1B (Fourth Edition, October 2021), American Petroleum Institute, 1220 L St., N.W., Washington, D.C. 20005-4070 (herein referred to as “API Manual of Petroleum Measurement Standards”).
Historical Note
New Section R3-7-702 recodified from Section R20-2-702 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-703.	Return of Motor Fuels Collected During Volumetric Inspection
After completing an inspection, and if made possible by the motor fuel dispensing site owner or operator, the Division shall return all motor fuel collected during the volumetric inspection of motor fuel dispensers to the location where the inspection occurred.
Historical Note
New Section R3-7-703 recodified from Section R20-2-703 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-704.	Motor Fuel Dispensing Site Price and Grade Posting 
A.	Any roadside or other sign, including, but not limited to, prices on poles, monument signs, canopies, ‘A-frame’ signs, or other structures, that advertises or displays motor fuel prices and is not connected to a motor fuel dispenser shall comply with subsections (1) through (4), and shall comply with either method listed in subsections (5) and (6):
1.	Display the self-service and full-service prices, if different;
2.	Display the unit of measure of the price if other than per gallon;
3.	Display fractions of a cent, if the fuel price is not charged at a whole cent; and
4.	Display a decimal point when a dollar sign precedes the posted price.
5.	Display the undiscounted price for any motor fuel product and applicable grade advertised; or
6.	Display the discounted price for any motor fuel product and applicable grade advertised along with the conditions under which the discount is available, including, but not limited to, “Cash”, “Cash Only”, or “Membership.”
a.	Any discount conditions must be clearly presented on a sign in a font no less than 1/5 the size of the largest number posted on the sign or 2 1/2 inches, whichever is larger, and may not be abbreviated.
b.	The discount conditions must appear immediately next to, above or below the discounted price and with equal illumination as the discounted price.
B.	All motor fuel prices displayed must include all applicable federal and state taxes.
C.	Motor fuel Descriptions. Motor fuel types, grades, and blends shall be described on signs listed in subsection (A) as indicated in Table 1. Motor Fuel Descriptions.
D.	A person may use an alternative to the descriptions provided in Table 1 upon receipt of written approval by the associate director.
Historical Note
New Section R3-7-704, including Table, Antiknock Index, recodified from Section R20-2-704 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).

Table 1. Motor Fuel Descriptions
Motor Fuel Type	ASTM Standard	Fuel Properties	Allowable Description	
Diesel	D975	Min. flash point 38º C Min. viscosity 1.3 mm2/S, max. 2.4 mm2/S	No. 1 Diesel, #1 Diesel, Diesel No. 1, or
Diesel #1	
		Min. flash point 52º C Min. viscosity 1.9 mm2/S, max. 4.1 mm2/S	No. 2 Diesel, #2 Diesel, Diesel No. 2, Diesel #2, or Diesel	
	D975 or D7467	Meets definition of Premium Diesel in R3-7-101	Premium Diesel	
	D7467	More than 5 and no more than 20 volume percent biodiesel	Biodiesel Blend or B-20 Biodiesel Blend	
Ethanol Flex Fuel	D5798	51-83 volume percent ethanol	Ethanol Flex Fuel	
Gasoline	D4814	Minimum 87 octane	Regular, Reg, Unleaded, UNL, or UL	
		Minimum 89 octane	Midgrade, Mid, or Plus	
		Minimum 91 octane	Premium, Prem, Super, Supreme, High, or High Performance	
		Contains more than 10 but no more than 15
volume percent ethanol	E15	

Historical Note
New Table 1 made by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-705.	Dispenser Labeling at Motor Fuel Dispensing Sites
A.	The owner or operator of a motor fuel dispensing site shall label dispensers in accordance with pricing, motor fuel grade, octane rating, and lead substitute. A motor fuel dispensing station owner or operator shall ensure that information regarding pricing, motor fuel grade, octane rating, and lead-substitute addition displayed on a motor fuel dispenser:
1.	Displays the highest price of each grade of motor fuel sold from the dispenser prior to any deliberate action of the customer resulting in a discounted price being displayed, provided the dispenser is capable of dispensing and computing the price of motor fuel at more than one price;
2.	Displays a sign or label explaining the terms or conditions of any discounted price available to the consumer including whether the price differs based on method of payment or is conditional based on the sale of another product or service;
3.	Complies with the requirements of R3-7-704(A)(3) through (A)(6) and (B);
4.	Complies with the allowable fuel descriptions indicated in the table in R3-7-704(C);
5.	Displays the octane rating of each grade of gasoline; and
6.	Displays the legend required by Handbook 130 for motor fuel dispensers that dispense gasoline with lead substitute. The legend shall be presented in block letters on a sharply contrasting background with lettering no smaller than 1/4 inch in height.
B.	Motor fuel dispensers that are used exclusively for fleet sales and other price contract sales are exempt from the requirements in subsections (A)(1) and (2).
C.	All motor fuels shall meet the labeling requirements of 16 CFR 306. Additionally, the following requirements apply:
1.	Gasoline containing ethanol.
a.	Gasoline containing greater than 1.5% by weight oxygen or 4.3% by volume ethanol shall be labeled with the following statement to indicate the maximum percent by volume of ethanol contained in the gasoline: “May contain up to _____% ethanol.”
b.	Gasoline for sale with an ethanol content greater than 10 volume percent and less than or equal to 15 volume percent shall additionally be labeled in accordance with 40 CFR 1090.1510, as it existed on December 4, 2020, and is incorporated by reference and on file with the Division. A copy may be obtained at the Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov.
2.	Gasoline containing an oxygenate other than ethanol. Gasoline containing greater than 1.5% by weight of an oxygenate other than ethanol shall be labeled with the following statement to indicate the type and maximum percent by volume of oxygenate contained in the gasoline: “May contain up to _____% _____.”
3.	The label in subsection (C)(1)(a) shall be printed in block letters on a sharply contrasting background with lettering no smaller than 1/4 inch in height.
D.	Unattended retail motor fuel dispensers. In addition to all labeling and sign requirements in this Article, the owner or operator of a motor fuel dispensing site that is unstaffed shall post a sign or label at the motor fuel dispensing site, in public view, that conspicuously lists the owner’s or operator’s name, address, and telephone number.
E.	Motor fuel dispensers shall display a decal that contains the Division’s name and telephone number. A template of the decal shall be placed on the Weights and Measures Services Division website for use by retailers. The seal placed by the Division under A.R.S. § 3-3414(A)(13) satisfies this requirement.
F.	All labels and information required under this Section to be posted on a motor fuel dispenser shall be displayed on the upper 50% of the front panel of each motor fuel dispenser and shall be clean, legible, and visible at all times.
Historical Note
New Section R3-7-705 recodified from Section R20-2-705 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-706.	Repealed
Historical Note
New Section R3-7-706 recodified from Section R20-2-706 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Repealed by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3).
R3-7-707.	Product Transfer Documentation and Record Retention for Motor Fuel other than Arizona CBG and AZRBOB
A.	When a transferor transfers custody or title to a motor fuel that is not Arizona CBG or AZRBOB, and the motor fuel is not sold or dispensed at a motor fuel dispensing site or fleet vehicle fueling facility, the transferor shall provide to the transferee documents that include the following information:
1.	The grade of the motor fuel;
2.	The volume of each grade of motor fuel being transferred;
3.	The date of the transfer;
4.	The product transfer document number;
5.	For conventional gasoline:
a.	The minimum automotive fuel rating of each grade as prescribed by 16 CFR 306;
b.	A legible and conspicuous statement that the gasoline being transferred contains an oxygenate and lists the type and percentage concentration of the oxygenate by volume; and
c.	If transported in or through the CBG-covered area, the statement, “This gasoline is not intended for use inside the CBG-covered area”;
6.	If a lead substitute is present in the gasoline, the type of lead substitute present;
7.	The following information regarding biofuel or biofuel blends:
a.	Ethanol flex fuel shall contain a declaration of the volume percent of ethanol in the blend; or
b.	Biodiesel and biomass-based diesel blends containing more than 5% biodiesel or biomass-based diesel shall contain a declaration of the volume percent biodiesel or biomass-based diesel in the blend, as well as the grade of diesel in the blend; and
c.	All other biofuel or biofuel blends shall contain the percentage of biofuel in the finished product; and
8.	The final destination, as follows:
a.	When a terminal is the transferor, the owner or operator of the terminal shall include on the product transfer document the terminal name and address and the transporter name and address;
b.	When a transporter is the transferor, the transporter shall include on the product transfer document the name and address of the transporter and the final destination, which is the location at which the motor fuel will be delivered and off loaded from the truck; and
c.	When a jobber or marketer is the transferor, the jobber or marketer shall include on the product transfer document the name and address of the jobber or marketer and the final destination, which may be a final distribution facility or a motor fuel dispensing site.
B.	To enable a transferor to comply fully with the requirement in subsection (A)(8)(b) and (c), the transferee shall provide to the transferor information regarding the final destination.
C.	A registered supplier, oxygenate blender, third-party terminal, or pipeline may use standardized product codes on pipeline tickets as the product transfer documentation.
D.	A transferor identified in subsection (A) shall retain product transfer documentation for each delivered shipment for 12 months. For 30 days following the transfer, such documentation shall be kept at the transferor’s address listed on the product transfer documentation.
E.	An owner or operator of a motor fuel dispensing site or fleet owner shall keep, available for Division review, product transfer documentation for the three most recent deliveries of each grade of motor fuel at the motor fuel dispensing site.
F.	A person transferring custody or title of Arizona CBG or AZRBOB shall comply with R3-7-757.
G.	Upon request by the Division, a person shall present product transfer documents to the Division within two business days. Legible photocopies or electronic copies of the product transfer documents are acceptable.
Historical Note
New Section R3-7-707 recodified from Section R20-2-707 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-708.	Gasoline Oxygenate Blends
A.	A person that has custody of gasoline blended with an oxygenate shall ensure that the amount of oxygenate does not exceed the amount allowed by EPA waivers, Section 211(f) of the Clean Air Act, and meets the requirements of A.R.S. §§ 3-3491, 3-3492, and 3-3495.
B.	Fuel ethanol specifications. A person that uses fuel ethanol as a blending component with conventional gasoline, conventional gasoline blendstocks, ethanol flex fuel, AZRBOB, or Arizona CBG shall ensure that the fuel ethanol meets the following requirements:
1.	A sulfur content not exceeding 10 ppm by weight;
2.	The fuel ethanol must be composed solely of carbon, hydrogen, nitrogen, oxygen, and sulfur;
3.	Only gasoline previously certified under 40 CFR Part 1090, Subpart C, (including previously certified blendstocks for oxygenate blending), gasoline blendstocks, natural gas liquids, or certified ethanol denaturant that meets the requirements in 40 CFR § 1090.275 may be used as denaturants; and
4.	The concentration of all denaturants is limited to a maximum of 3.0 volume percent.
C.	For oxygenates other than ethanol, the oxygenate shall meet the applicable ASTM standard for the oxygenate, and the finished blend shall meet ASTM D4814.
D.	Special provisions for gasoline-ethanol blends.
1.	Gasoline-ethanol blends shall meet ASTM D4814, except as provided in subsection (D)(2) or (D)(3).
2.	The maximum vapor pressure for gasoline blended with fuel ethanol may exceed the vapor pressure requirements outlined in ASTM D4814 by no more than 1.0 psi (referred to as the 1.0 psi waiver) for the following gasoline-ethanol blends:
a.	Outside of the CBG-covered area if the concentration of ethanol, excluding the required denaturing agent, is at least 9% by volume and no more than the maximum concentration of ethanol that is allowed for the 1.0 psi waiver to apply under federal law;
b.	In area B from October 1 through March 31 if the concentration of ethanol, excluding the required denaturing agent, is at least 6% by volume and no more than 15% by volume.
c.	Inside the CBG-covered area during April only.
3.	Gasoline blended with no more than 15% by volume of ethanol shall be blended using one of the following alternatives:
a.	The base gasoline complies with the standards in ASTM D4814, the fuel ethanol complies with the standards in ASTM D4806, and the finished blend complies with the standards in ASTM D4814 with the following permissible exceptions:
i.	The distillation minimum temperature at the 50 volume percent evaporated point is not less than 66°C (150°F), and
ii.	The minimum test temperature at which the vapor/liquid ratio is equal to 20 is waived; or
b.	The finished blend complies with the standards in ASTM D4814. 
E.	Ethanol flex fuel sold or offered for sale within the CBG-covered area shall:
1.	Use fuel ethanol that meets the standards in this Chapter, and
2.	Have a maximum vapor pressure that does not exceed the maximum vapor pressure requirements in R3-7-751(A)(6).
F.	E15 sold or offered for sale within the CBG-covered area shall:
1.	Use fuel ethanol that meets the standards in this Chapter, and
2.	Be blended with ethanol flex fuel that meets the requirements of subsection (E), or
3.	Be blended with Arizona CBG or AZRBOB.
Historical Note
New Section R3-7-708 recodified from Section R20-2-708 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-709.	Repealed
Historical Note
New Section R3-7-709 recodified from Section R20-2-709 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Repealed by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3).
R3-7-710.	Oxygenate Blending Requirements
A.	A person that has custody of or transports an oxygenated gasoline blend shall ensure that no neat oxygenate blending occurs in a retail storage tank at a motor fuel dispensing site or fleet vehicle fueling facility.
B.	If a motor fuel dispensing site storage tank contains an oxygenated gasoline blend that does not contain the amount of oxygen required by A.R.S. §§ 3-3491, 3-3492, 3-3495, or R3-7-751, the owner or operator of the motor fuel dispensing site shall do one of the following:
1.	Add a gasoline blend that dilutes the non-compliant oxygenated gasoline blend to the level of oxygen content required by A.R.S. §§ 3-3491, 3-3492, 3-3495, or R3-7-751;
2.	Empty the storage tank and replace the non-compliant oxygenated gasoline blend with a required oxygenate blend;
3.	Upon written permission of the associate director, add gasoline that contains no more than 20% by volume of the same oxygenate to the non-compliant oxygenated gasoline blend.
Historical Note
New Section R3-7-710 recodified from Section R20-2-710 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-711.	Gasoline-Alcohol Blend Storage Tank Requirements
A.	Before a person adds the initial gasoline-alcohol blend into a storage tank, the person shall:
1.	Test the storage tank for the presence of water and, if any water is detected, remove the water from the storage tank; and
2.	Install a fuel filter designed for use with gasoline-alcohol blends in the fuel line of all motor fuel dispensers that dispense gasoline-alcohol blends.
B.	If water is detected in a storage tank containing a gasoline-alcohol blend, the owner or operator shall empty the storage tank.
Historical Note
New Section R3-7-711 recodified from Section R20-2-711 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3).
R3-7-712.	Water in Motor Fuel Dispensing Site Storage Tanks
A motor fuel dispensing site owner or operator shall ensure that water in a motor fuel storage tank containing a product other than a gasoline-alcohol blend, does not exceed 1″ in depth when measured from the bottom of the tank through the fill pipe. The owner or operator shall remove all water from the tank before delivery or sale of motor fuel from that tank.
Historical Note
New Section R3-7-712 recodified from Section R20-2-712 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-713.	Motor Fuel Storage Tank Labeling
A.	An owner or operator of a motor fuel dispensing site shall ensure that all motor fuel storage tank fill pipes and gasoline vapor return lines located at the motor fuel dispensing site are labeled to identify the contents accurately as:
1.	Unleaded gasoline;
2.	Unleaded midgrade gasoline;
3.	Unleaded premium gasoline;
4.	No. 1 diesel or #1 diesel;
5.	No. 2 diesel, #2 diesel, or diesel;
6.	Premium diesel;
7.	Gasoline vapor return, gasoline vapor recovery, or vapor recovery;
8.	Biodiesel or biodiesel blend, for blends containing more than 5% biodiesel by volume; or
9.	Ethanol flex fuel.
B.	For gasoline-ethanol blends containing more than 10 but no more than 15 volume percent ethanol, storage tank labels shall describe the gasoline grade as specified in subsections (A)(1), (A)(2), and (A)(3), along with the designation “E15”.
C.	Any motor fuel not specified in subsection (A) shall be labeled at the storage tank fill pipe as designated on the product transfer document.
D.	An owner or operator of a motor fuel dispensing site shall ensure that the label required under subsection (A) is at least 1 1/2 inches by 5 inches in size with block letters on a sharply contrasting background, and with lettering no smaller than 1/4 inch in height. The label shall be clean, legible, and visible at all times.
E.	An owner or operator of a motor fuel dispensing site may display other information on the reverse side of a two-sided label.
F.	An owner or operator of a motor fuel dispensing site shall not put motor fuel into a storage tank without attaching the proper label as specified in this Section.
G.	A person shall not deliver motor fuel to a motor fuel dispensing site unless the product transfer documents confirm the motor fuel is the correct type as indicated on the tank fill pipes labeled under subsection (A) or (B) or the product being delivered meets or exceeds the standards of the labeled product. 
H.	If tank fill pipe and vapor recovery manhole covers are color-coded, the color coding shall comply with API 1637.
Historical Note
New Section R3-7-713 recodified from Section R20-2-713 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-714.	Repealed
Historical Note
New Section R3-7-714 recodified from Section R20-2-714 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-715.	Motor Fuel Standards and Testing Methods 
A.	Unless otherwise stated in this A.R.S. Title 3, Chapter 19, or this Chapter, all motor fuel sold or offered for sale, and oxygenates blended with motor fuel, shall meet the applicable standards incorporated by reference in R3-7-702(3), (4), (5), (7), (8), (9), (14), (18), and (19).
B.	October 1 through March 31 of each year, gasoline shall meet the requirements in A.R.S. § 3-3433(E).
C.	Unless otherwise required in A.R.S. Title 3, Chapter 19, or this Chapter, the producer of a motor fuel shall test and certify the motor fuel for its motor fuel properties using the methodology-standards incorporated by reference in R3-7-702(3), (4), (5), (7), (8), (9), (14), (18), and (19).
D.	The automotive fuel rating of a motor fuel shall be determined and certified in accordance with 16 CFR 306.
Historical Note
New Section R3-7-715 recodified from Section R20-2-715 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-716.	Sampling and Access to Records
A.	The Division shall obtain motor fuel samples for testing from:
1.	The same motor fuel dispenser used for sales to customers;
2.	The same motor fuel dispenser used for dispensing motor fuel into fleet vehicles;
3.	A bulk storage facility;
4.	A pipeline having custody of motor fuel, including Arizona CBG or AZRBOB;
5.	A transporter of motor fuel, including Arizona CBG or AZRBOB;
6.	A final distribution facility;
7.	A third-party terminal having custody of motor fuel, including Arizona CBG or AZRBOB;
8.	An oxygenate blender or registered supplier; or
9.	A transmix or production facility.
B.	Unless otherwise specified in this Chapter, an owner or operator of a motor fuel dispensing site, pipeline, third-party terminal, or storage, transmix, production, or distribution facility, or a transporter, registered supplier, or oxygenate blender shall maintain for five years records relating to producing, importing, blending, transporting, distributing, delivering, testing, or storing motor fuels, including Arizona CBG or AZRBOB, and, upon Division request, shall make the records available within 15 days for Division inspection.
Historical Note
New Section R3-7-716 recodified from Section R20-2-716 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-717.	Motor Fuel Dispensing Site Equipment
A.	Hold-open latch. If an owner or operator of a motor fuel dispensing site operates a motor fuel dispenser that utilizes a nozzle equipped with a hold-open latch, the owner or operator shall ensure that the latch operates according to the manufacturer’s specifications.
B.	Nozzle requirements for diesel fuel. An owner or operator of a motor fuel dispensing site operating a motor fuel dispenser from which diesel fuel is sold at retail shall ensure that the dispenser utilizes a diesel nozzle with a spout diameter that conforms to SAE J285.
C.	Motor fuel dispenser filters. An owner or operator of a motor fuel dispensing site shall ensure that:
1.	All gasoline, gasoline-alcohol blends, and ethanol flex fuel dispensers have a 10 micron or smaller nominal pore-sized filter;
2.	Dispensers that dispense gasoline-alcohol blends shall have fuel filters designed for use with gasoline-alcohol blends;
3.	All biodiesel, biodiesel blends, diesel, and kerosene dispensers have a 30 micron or smaller nominal pore-sized filter; or
4.	In the event a motor fuel dispenser is not manufactured to be equipped to use fuel filters, they shall be installed in line with the fuel dispensing hose at the base of the dispenser. If this is not feasible, the motor fuel dispensing site owner may provide evidence that fuel filters cannot be installed at the site due to the configuration and apply for a waiver from these requirements from the associate director.
D.	All retail diesel fuel dispensers and ethanol flex fuel dispensers shall be equipped with nozzles that meet the grip guard color requirements in § 3-3436(B). No other nozzles shall be equipped with these color grip guards.
E.	Motor fuel dispensers shall meet appropriate Underwriters Laboratories ratings and be compatible with the motor fuel being dispensed.
Historical Note
New Section R3-7-717 recodified from Section R20-2-717 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-718.	Additional Requirements for Production, Transport, Distribution, and Sale of Biofuels and Biofuel Blends
A.	Biofuel blenders, biofuel producers, and biofuel suppliers of biofuels or biofuel blends in Arizona shall meet the following requirements:
1.	Register with the Environmental Protection Agency under 40 CFR 80.1450 or 40 CFR 1090, subpart I, as they existed on December 4, 2020.
2.	Upon request by the associate director, report the total volume of biofuel or biofuel blends produced or supplied for the previous calendar year, including the total volume of each blend component. The report shall be provided to the Division within 15 days of the request. Any information reported to the Division shall remain confidential under A.R.S. § 44-1374.
B.	Quality Assurance and Quality Control (“QA/QC”) program requirements.
1.	A biofuel producer or biofuel blender shall implement a QA/QC program to ensure the quality of a biofuel or biofuel blend produced in or supplied in or into Arizona;
2.	The QA/QC program implemented by a biofuel producer shall include the following minimum requirements:
a.	A sampling and testing program to certify that the biofuel meets applicable ASTM requirements that apply to the biofuel produced. All samples shall be collected in accordance with ASTM sampling methods following the addition of any applicable blend components. The plan shall include a policy for sample retention;
b.	A Certificate of Analysis with a unique identification number generated for each batch produced and indicated on the product transfer document;
c.	The Certificate of Analysis required under subsection (B)(2)(b) and any other supporting sampling and testing documentation required under this Section is made available to the Division within 24 hours of a request; and
d.	Any storage tank containing biofuel that is inactive for more than 30 days is resampled and analyzed to verify the fuel meets ASTM standards.
3.	The QA/QC program implemented by a biofuel blender shall include the following minimum requirements:
a.	Retention of:
i.	Documentation that demonstrates the applicable biofuel blend components were received from a facility registered with the EPA under 40 CFR 80.1450 or 40 CFR 1090, subpart I;
ii.	Certificates of Analysis for the biofuel used as a blend component in the blending process; and
iii.	Documentation such as a product transfer document that demonstrates the diesel fuel used in the blending process meets the requirements of ASTM D975;
b.	For biodiesel blending, all diesel fuel used as a blend component is analyzed to verify the biodiesel content before blending if the initial volume percent of biodiesel content in the diesel fuel component is unknown; alternatively, for biodiesel blends blended at a motor fuel dispensing site, the biofuel blender may assume the diesel contains 5% biodiesel and prepare and maintain calculations demonstrating the biodiesel content of the final biodiesel blend if it is advertised to consumers as a biodiesel blend containing more than 5 and no more than 20 volume percent biodiesel and the calculations demonstrate the biodiesel blend will be compliant with the biodiesel content advertised;
c.	Any storage tank containing biofuel that is inactive for more than 30 days is resampled and analyzed to verify the fuel meets ASTM standards; and
d.	All biodiesel used as a blend component in biodiesel blends consists of at least 99% biodiesel unless approved by the Division.
4.	All records required under this subsection are maintained either onsite or at an offsite location for at least five years and made available to the Division upon request.
5.	In the event the Division identifies biofuel or biofuel blends that do not meet ASTM standards, the producer or biofuel blender shall evaluate the QA/QC program and make any additional changes that may be required to bring the fuel into compliance.
C.	Exemptions
1.	A producer, supplier, or blender of diesel fuel containing 5% by volume or less biodiesel is exempt from this Section if the following conditions are met:
a.	The diesel fuel meets the standards of ASTM D975; and
b.	If the initial volume percent of biodiesel content is unknown, the person blending the biodiesel into diesel fuel analyzes the diesel fuel to verify the initial biodiesel content and ensure the resulting blend meets the requirements in ASTM D975.
2.	A biofuel producer, biofuel supplier, or biofuel blender who produces, supplies, or blends diesel fuel blended with a biomass-based diesel where the resulting fuel meets the requirements in ASTM D975 is exempt from this Section.
3.	Gasoline containing up to 15% ethanol is exempt from this Section.
Historical Note
New Section R3-7-718 recodified from Section R20-2-718 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-719.	Repealed
Historical Note
Repealed Section R3-7-719 recodified from repealed Section R20-2-719 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-720.	Renumbered
Historical Note
Renumbered Section R3-7-720 recodified from renumbered Section R20-2-720 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-721.	Renumbered
Historical Note
Renumbered Section R3-7-721 recodified from renumbered Section R20-2-721 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-722.	Reserved
Historical Note
Reserved Section R3-7-722 recodified from reserved Section R20-2-722 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-723.	Reserved
Historical Note
Reserved Section R3-7-723 recodified from reserved Section R20-2-723 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-724.	Reserved
Historical Note
Reserved Section R3-7-724 recodified from reserved Section R20-2-724 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-725.	Reserved
Historical Note
Reserved Section R3-7-725 recodified from reserved Section R20-2-725 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-726.	Reserved
Historical Note
Reserved Section R3-7-726 recodified from reserved Section R20-2-726 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-727.	Reserved
Historical Note
Reserved Section R3-7-727 recodified from reserved Section R20-2-727 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-728.	Reserved
Historical Note
Reserved Section R3-7-728 recodified from reserved Section R20-2-728 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-729.	Reserved
Historical Note
Reserved Section R3-7-729 recodified from reserved Section R20-2-729 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-730.	Reserved
Historical Note
Reserved Section R3-7-730 recodified from reserved Section R20-2-730 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-731.	Reserved
Historical Note
Reserved Section R3-7-731 recodified from reserved Section R20-2-731 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-732.	Reserved
Historical Note
Reserved Section R3-7-732 recodified from reserved Section R20-2-732 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-733.	Reserved
Historical Note
Reserved Section R3-7-733 recodified from reserved Section R20-2-733 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-734.	Reserved
Historical Note
Reserved Section R3-7-734 recodified from reserved Section R20-2-734 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-735.	Reserved
Historical Note
Reserved Section R3-7-735 recodified from reserved Section R20-2-735 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-736.	Reserved
Historical Note
Reserved Section R3-7-736 recodified from reserved Section R20-2-736 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-737.	Reserved
Historical Note
Reserved Section R3-7-737 recodified from reserved Section R20-2-737 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-738.	Reserved
Historical Note
Reserved Section R3-7-738 recodified from reserved Section R20-2-738 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-739.	Reserved
Historical Note
Reserved Section R3-7-739 recodified from reserved Section R20-2-739 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-740.	Reserved
Historical Note
Reserved Section R3-7-740 recodified from reserved Section R20-2-740 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-741.	Reserved
Historical Note
Reserved Section R3-7-741 recodified from reserved Section R20-2-741 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-742.	Reserved
Historical Note
Reserved Section R3-7-742 recodified from reserved Section R20-2-742 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-743.	Reserved
Historical Note
Reserved Section R3-7-743 recodified from reserved Section R20-2-743 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-744.	Reserved
Historical Note
Reserved Section R3-7-744 recodified from reserved Section R20-2-744 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-745.	Reserved
Historical Note
Reserved Section R3-7-745 recodified from reserved Section R20-2-745 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-746.	Reserved
Historical Note
Reserved Section R3-7-746 recodified from reserved Section R20-2-746 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-747.	Reserved
Historical Note
Reserved Section R3-7-747 recodified from reserved Section R20-2-747 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-748.	Reserved
Historical Note
Reserved Section R3-7-748 recodified from reserved Section R20-2-748 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-749.	Definitions Applicable to Arizona CBG and AZRBOB
The following definitions apply only to R3-7-750 through R3-7-762:
1.	“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 Fahrenheit for T90 and T50, that is assigned by a registered supplier to a final blend of Type 2 Arizona CBG or AZRBOB for purposes of compliance with the Predictive Model Procedures, which are incorporated by reference in R3-7-702(10).
2.	“Importer” means any person that assumes title or ownership of Arizona CBG or AZRBOB produced by an unregistered supplier.
3.	“Oxygenate-blending facility” means any location (including, but not limited to, a truck) where an oxygenate or ethanol flex fuel is added to Arizona CBG or AZRBOB, and nothing further is added to the resulting Arizona CBG except for the addition of a deposit-control or similar additive registered under 40 CFR 79. An oxygenate-blending facility includes a facility that recertifies Arizona CBG under R3-7-755(F).
4.	“Performance standard” means the VOC and NOx emission reduction percentages in R3-7-751(A)(8) and R3-7-751(D)(1).
5.	“PM alternative gasoline formulation” means a final blend of Arizona CBG or AZRBOB that is subject to a set of PM alternative specifications.
6.	“PM alternative specifications” means the specifications for the following fuel properties, as determined using a testing methodology in R3-7-759:
a.	Maximum vapor pressure, expressed in the nearest 100th of a pound per square inch;
b.	Maximum sulfur content, expressed in the nearest part per million by weight;
c.	Maximum olefin content, expressed in the nearest 10th of a percent by volume;
d.	Minimum and maximum oxygen content, expressed in the nearest 10th of a percent by weight;
e.	Maximum T50, expressed in the nearest degree 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.
7.	“PM flat limit” means a PM alternative specification that is subject to the PM flat limit compliance option.
8.	“PM flat limit compliance option” means, with reference to a specific fuel property, the compliance option that each gallon of gasoline must meet for that specified fuel property as contained in the PM alternative specifications.
9.	“Produce” means:
a.	Except as otherwise provided, to convert a liquid compound that is not Arizona CBG or AZRBOB into Arizona CBG or AZRBOB.
b.	If a person blends a blendstock that is 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 conducting the blending produces only the portion of the blend not previously Arizona CBG or AZRBOB. If a person blends Arizona CBG or AZRBOB with other Arizona CBG or AZRBOB in accordance with this Article, without the addition of a blendstock that is not Arizona CBG or AZRBOB, that person is not a producer of Arizona CBG or AZRBOB.
c.	If a person supplies Arizona CBG or AZRBOB to a refiner that agrees in writing to further process the Arizona CBG or AZRBOB at the refiner’s refinery and be treated as the producer of Arizona CBG or AZRBOB, the refiner is the producer of the Arizona CBG or AZRBOB.
d.	If an oxygenate blender blends oxygenates or ethanol flex fuel into Arizona CBG or AZRBOB, and nothing further is added to the AZRBOB or the resulting Arizona CBG except for the addition of a deposit-control or similar additive, the producer or importer of the AZRBOB, rather than the oxygenate blender, is considered the producer or importer of the resulting Arizona CBG.
10.	“Registered supplier” means a producer or importer that supplies Arizona CBG or AZRBOB and is registered with the associate director under R3-7-750.
11.	“Third-party terminal” means an owner or operator of a gasoline storage tank facility that accepts custody, but not ownership, of Arizona CBG or AZRBOB from a registered supplier, oxygenate blender, pipeline, or other third-party terminal and relinquishes custody of the Arizona CBG or AZRBOB to a transporter or other terminal.
12.	“Type 1 Arizona CBG” means a gasoline that meets the standards contained in R3-7-751(A) and R3-7-751(D)(1).
13.	“Type 2 Arizona CBG” means a gasoline that meets the standards contained in R3-7-751(D)(2), and meets the requirements in:
a.	R3-7-751(A) beginning April 1 through October 31 of each year, and
b.	R3-7-751(B) beginning November 1 through March 31 of each year.
14.	“Winter” means November 1 through March 31.
Historical Note
New Section R3-7-749 recodified from Section R20-2-749 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-750.	Registration Relating to Arizona CBG or AZRBOB
A.	For each physical location, the following shall register with the associate director before producing, importing, or obtaining custody of Arizona CBG or AZRBOB:
1.	A refiner or CBG blender that produces Arizona CBG or AZRBOB;
2.	An importer that imports Arizona CBG or AZRBOB;
3.	An oxygenate blender that blends oxygenate with AZRBOB to produce Arizona CBG;
4.	An oxygenate blender that recertifies Arizona CBG under R3-7-755(F); or
5.	A pipeline or third-party terminal that has custody of Arizona CBG or AZRBOB.
B.	A person listed in subsection (A) shall register on a form prescribed by the associate director and include the following information:
1.	Business name, business address, and contact name or position title and telephone number;
2.	The facility name, physical location, contact name or position title and telephone number, and type of facility;
3.	The location of the records required under this Article; and if records are kept off-site, the primary off-site storage facility name, physical location, and contact name or position title and telephone number; and
4.	If an independent laboratory is used to meet the requirements of R3-7-752(F), the name and address of the independent laboratory, and contact name or position title and telephone number;
5.	If required under 40 CFR § 1090.800, the EPA registration number; and
6.	A statement of consent permitting the Division or its authorized agent to collect samples and access records as provided in R3-7-716.
C.	A person registered under subsection (B) shall notify the associate director within 10 days after the effective date of a change in any of the information provided under subsection (B).
D.	If a refiner, CBG blender, oxygenate blender, or importer fails to register under this Section, all Arizona CBG or AZRBOB, which is produced by the refiner, CBG blender, or oxygenate blender, or imported by the importer, and which is transported to the CBG-covered area, is presumed to be noncompliant from the date that registration should have occurred.
E.	The Division shall maintain a list of all registered suppliers.
Historical Note
New Section R3-7-750 recodified from Section R20-2-750 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-751.	Arizona CBG Requirements
A.	General fuel property and performance requirements. In addition to the other requirements of this Article and except as provided in subsection (B), all Arizona CBG shall meet the following requirements and for any fuel property not specified, shall meet the requirements in ASTM D4814. The dates in this Section are compliance dates for the owner or operator of a motor fuel dispensing site or a fleet vehicle fueling facility.
1.	Sulfur: 95 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: 9.0 psi.
b.	November 1 - March 31: 9.0 psi.
c.	April: 10.0 psi.
d.	May: 9.0 psi.
e.	June 1 - September 30: 7.0 psi.
f.	A gasoline-ethanol blend in the CBG-covered area is subject to the 1 psi vapor pressure waiver, as described in R3-7-708(D)(2), during April only.
7.	Oxygen and oxygenates:
a.	Minimum content:
i.	November 1 - March 31: 10% ethanol by volume or 12.5% isobutanol by volume. If a petition under A.R.S. § 3-3493(C) is in effect: 2.7% oxygen by weight as approved by the associate director.
ii.	April 1 - October 31: 0% by weight (any oxygenate).
b.	The maximum oxygen content shall not exceed 5.8% by weight for ethanol and shall not exceed the amount allowed by EPA waivers under Section 211(f) of the Clean Air Act for other oxygenates. Additionally, the oxygen content shall comply with the requirements of A.R.S. § 3-3491 and § 3-3492.
c.	Arizona CBG shall not contain more than 0.3 volume percent MTBE nor more than 0.1 weight percent oxygen from all other ethers or alcohols listed in A.R.S. § 3-3491.
8.	Arizona CBG shall meet the Federal Complex Model VOC emissions reduction percentage May 1 through September 15: 27.5% (Federal Complex Model settings: Summer, Area Class B, Phase 2). 
B.	Winter requirements. In addition to the other requirements of this Article, the owner or operator of a motor fuel dispensing site or a fleet vehicle fueling facility shall ensure that beginning November 1 through March 31 of each year, all Arizona CBG meets the following fuel property requirements.
1.	Sulfur: 80 ppm by weight (max),
2.	Aromatics: 30% by volume (max),
3.	Olefins: 10% by volume (max),
4.	90% Distillation Temp. (T90): 330° F (max),
5.	50% Distillation Temp. (T50): 220° F (max),
6.	Vapor Pressure: 9.0 psi (max), and
7.	Oxygenate:
a.	Minimum oxygenate content - 10% ethanol by volume or 12.5% isobutanol by volume;
b.	Maximum oxygen content - 5.8% oxygen by weight, and shall comply with the requirements of A.R.S. § 3-3492; and
c.	Alternative minimum ethanol or isobutanol content may be used if approved by the associate director under A.R.S. § 3-3493(C).
C.	Certification as Type 1 Arizona CBG or Type 2 Arizona CBG. A registered supplier shall certify Arizona CBG or AZRBOB under R3-7-752, using the test methods specified in R3-7-759. Type 1 Arizona CBG or Type 2 Arizona CBG shall be certified with the addition of 10 volume percent ethanol or an oxygen content of 2.7% by weight for other oxygenates. A PM alternative gasoline formulation shall be certified with an oxygen content of 1.8 to 2.2% by weight as outlined in subsection (I).
D.	In addition to the standards in subsections (A) and (B), Type 1 Arizona CBG and Type 2 Arizona CBG shall be certified meeting the following standards:
1.	Type 1 standards. For each fuel property, Type 1 Arizona CBG shall comply with the following per gallon standards, and shall be certified using the Federal Complex Model:
a.	VOC Emission Reduction: 27.5% (min) May 1 through September 15.
b.	NOx Emission Reduction: 5.5% (min) May 1 through September 15.
c.	NOx Emission Reduction: 0.0% (min) September 16 through October 31 and February 1 through April 30.
2.	Type 2 standards. For each fuel property, Type 2 Arizona CBG shall comply with the following maximum per gallon standards or a PM alternative gasoline formulation:
a.	Maximum per gallon standards.
i.	Sulfur: 40 ppm by weight (max).
ii.	Aromatics: 25.0% by volume (max).
iii.	Olefins: 6.0% by volume (max).
iv.	90% distillation temperature (T90): 300 ℉ (max).
v.	50% distillation temperature (T50): 210 ℉ (max).
b.	PM alternative gasoline formulation. The PM alternative gasoline formulation shall meet the requirements of subsections (G) through (I), and the per gallon standards in R3-7-751(A) beginning April 1 through October 31 of each year, and R3-7-751(B) beginning November 1 through March 31 of each year.
E.	A registered supplier may produce Type 1 Arizona CBG from December 1 through March 31 but the registered supplier shall not distribute the Arizona CBG to a motor fuel dispensing site within the CBG-covered area before April 1. A registered supplier may produce and distribute Type 2 Arizona CBG year-round.
F.	November 1 through March 31 of each year, a registered supplier shall ensure that all Arizona CBG or AZRBOB complies with Type 2 Arizona CBG requirements or the PM alternative gasoline formulation requirements.
G.	Certification and use of the Predictive Model Procedures for PM alternative gasoline formulations.
1.	Except as provided in subsection (I), a registered supplier shall use the PM as provided in the Predictive Model Procedures.
2.	A registered supplier shall certify a PM alternative gasoline formulation with the associate director on a form prescribed by, or in a format acceptable to, the associate director, of:
a.	The PM alternative specifications that apply to the final blend; and
b.	The numerical values for percent change in emissions for oxides of nitrogen and hydrocarbons determined in accordance with the Predictive Model Procedures.
3.	A registered supplier shall deliver the certification required under subsection (G)(2) to the associate director within 3 business days of transporting the PM alternative gasoline formulation. The registered supplier shall have a written process that is followed to verify the PM alternative gasoline formulation meets the applicable PM alternative specifications prior to transport.
4.	If a registered supplier notifies the associate director under subsection (G)(3) 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 subsequently sold or supplied from that production or import facility are subject to the same PM alternative specifications until the registered supplier either:
a.	Designates a final blend at that facility as a PM alternative gasoline formulation subject to different PM alternative specifications; or
b.	Chooses to certify a final blend at that facility subject to a flat limit compliance option.
H.	Prohibited activities regarding PM alternative gasoline formulations. A registered supplier shall not sell, offer for sale, supply, or offer to supply from the registered supplier’s production or import facility Arizona CBG that is reported as a PM alternative gasoline formulation under R3-7-752 if any of the following occur:
1.	The PM alternative specifications do not meet the criteria for approval in the Predictive Model Procedures, or
2.	The gasoline fails to conform to any PM flat limit in the PM alternative specifications. A registered supplier may not use an average compliance option in the PM alternative specifications.
I.	Oxygen content requirements for PM alternative gasoline formulations. A registered supplier shall ensure that from November 1 through March 31, all alternative PM gasoline formulations comply with oxygen content requirements for the CBG-covered area. Regardless of the oxygen content, a registered supplier shall certify the final alternative PM gasoline formulation using the PM with a minimum oxygen content of 1.8% by weight and a maximum oxygen content of 2.2% by weight. A registered supplier may use the CARBOB Model as a substitute for the preparation of a ethanol hand blend and use the fuel qualities calculated under the CARBOB Model for compliance and reporting purposes.
J.	Rounding of values shall be conducted following 40 CFR 1090.50.
Historical Note
New Section R3-7-751 recodified from Section R20-2-751 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-751.01.	Repealed
Historical Note
Repealed Section R3-7-751.01 recodified from repealed Section R20-2-751.01 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-752.	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-covered area meets the standards in this Article.
B.	A registered supplier shall make the certification on a form or in a format prescribed by the associate director. The registered supplier shall include in the certification information on shipment volumes, fuel properties as determined under R3-7-759, and performance standards for each batch of Arizona CBG or AZRBOB. The registered supplier shall submit the certification to the associate director on or before the 15th day of each month for each batch of Arizona CBG or AZRBOB transported during the previous month.
C.	Recordkeeping and records retention.
1.	A registered supplier that 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 test results for sulfur, aromatic hydrocarbon, olefin, oxygen, vapor pressure, and as applicable, T50, T90, E200, and E300 as determined under R3-7-759.
2.	If Arizona CBG or AZRBOB produced or imported by a registered supplier is not tested and documented as required by this Section, the associate director shall deem the Arizona CBG or AZRBOB to have a vapor pressure, sulfur, aromatic hydrocarbon, olefin, oxygen, T50, and T90 that exceeds the standards specified in R3-7-751 or the comparable PM limits, unless the registered supplier demonstrates to the associate director that the Arizona CBG or AZRBOB meets all applicable fuel property limits and performance standards.
3.	A registered supplier shall provide to the associate director any records maintained by the registered supplier under this Section within 15 days of a written request from the associate director. If a registered supplier fails to provide records for a blend or shipment of Arizona CBG or AZRBOB, the associate director shall deem the final blend or shipment of Arizona CBG or AZRBOB in violation of R3-7-751, unless the registered supplier demonstrates to the associate director that the Arizona CBG or AZRBOB meets all applicable fuel property limits and performance standards.
D.	Notification requirement. A registered supplier shall notify the associate director by email before transporting 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 QA/QC program to demonstrate the accuracy and effectiveness of the registered supplier’s laboratory testing of Arizona CBG or AZRBOB. The registered supplier shall submit the QA/QC program to the associate director for approval at least three months before the registered supplier transports Arizona CBG or AZRBOB. The associate director shall approve a QA/QC program only if the associate director determines that the QA/QC program ensures that the registered supplier’s laboratory testing procedures comply with R3-7-759 and the data generated by the registered supplier’s laboratory are complete, accurate, and reproducible. If the registered supplier makes significant changes to the QA/QC program, the registered supplier shall resubmit the QA/QC program to the associate director for review and approval. Within 30 days of receiving the changed QA/QC program, the associate director shall determine whether the changed QA/QC program meets the original quality objectives. The associate director shall approve the changed QA/QC program if it meets the quality objectives. Instead of developing a QA/QC program, a registered supplier may comply with the independent testing requirements of subsection (F).
F.	Independent testing.
1.	A registered supplier of Arizona CBG or AZRBOB that does not develop a QA/QC program shall conduct a program of independent sample collection and analysis for the Arizona CBG or AZRBOB produced or imported, that complies with one of the following:
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 R3-7-759 for compliance with each fuel property and performance standard for which the Arizona CBG or AZRBOB is certified.
b.	Option 2. A registered supplier shall have an independent testing program for all Arizona CBG or AZRBOB that the registered supplier produces or imports that consists of the following:
i.	An independent laboratory shall collect a representative sample from each batch;
ii.	The associate director or designee shall identify up to 10% of the samples collected under subsection (F)(1)(b)(i) for analysis; and
iii.	The independent laboratory shall, for each sample identified by the associate director or designee, analyze the sample using the methodology specified in R3-7-759 for compliance with each fuel property and performance standard for which the Arizona CBG or AZRBOB is certified.
2.	The associate director or designee may request in writing a duplicate of the batch sample collected under subsection (F)(1)(a) or (b) for analysis by a laboratory selected by the associate director or designee. The registered supplier shall submit a duplicate of the sample to the associate director within 24 hours of the written request.
3.	Designation of independent laboratory.
a.	A registered supplier that does not develop a QA/QC program shall designate one independent laboratory for each production or import facility at which the registered supplier produces or imports Arizona CBG or AZRBOB. The independent laboratory shall collect samples and perform analyses according to subsection (F).
b.	A registered supplier shall identify the designated independent laboratory to the associate director under the registration requirements of R3-7-750.
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 interest in the designated laboratory.
d.	Notwithstanding the restrictions in subsection (F)(3)(c), a laboratory owned or operated by a pipeline shall be considered independent if the pipeline is owned or operated by four or more registered suppliers.
e.	A registered supplier shall not use a laboratory that is debarred, suspended, or proposed for debarment according to the Government-wide Debarment and Suspension regulations, 40 CFR 32, or the Debarment, Suspension and Ineligibility provisions of the Federal Acquisition Regulations, 48 CFR 9.4.
4.	A registered supplier shall ensure that its designated independent laboratory:
a.	Records the following at the time the designated independent laboratory collects a representative sample from a batch of Arizona CBG or AZRBOB:
i.	The producer’s or importer’s assigned batch number for the batch sampled;
ii.	The volume of the batch;
iii.	The identification number of the gasoline storage tank in which the batch is stored at the time the sample is collected;
iv.	The date and time the batch became Arizona CBG or AZRBOB;
v.	The date and time the sample is collected;
vi.	The grade of the batch (for example, unleaded premium, unleaded mid-grade, or unleaded); and
vii.	For Arizona CBG or AZRBOB produced by computer-controlled in-line blending, the date and time the blending process began and the date and time the blending process ended, unless exempt under subsection (G);
b.	Retains each sample collected under this subsection for at least 45 days, unless this time is extended by the associate director for up to 180 days;
c.	Submits to the associate director a quarterly report on or before the 15th day of January, April, July, and October of each year that includes, 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)(4)(a) for each sample; and
d.	Supplies to the associate director, upon request, a duplicate of the sample.
G.	Exemptions to QA/QC and independent laboratory testing requirements. A registered supplier that produces or imports Arizona CBG or AZRBOB using computer-controlled in-line blending equipment and operates under an exemption from EPA under 40 CFR § 1090.1315, is exempt from the requirements of subsections (E) and (F), if reports of the results of the independent audit program of the registered supplier’s computer-controlled in-line blending operation, which are submitted to EPA under 40 CFR § 1090.1315, are submitted to the associate director by March 1 of each year.
H.	Use of laboratory analysis for certification of Arizona CBG and AZRBOB.
1.	If both a registered supplier and an independent laboratory collect a sample from the same batch of Arizona CBG or AZRBOB and perform a laboratory analysis under subsection (F) to determine compliance of the sample with a fuel property, the registered supplier and independent laboratory shall use the same test methodology. The results of the analysis conducted by the registered supplier shall be used for certification of the Arizona CBG or AZRBOB under subsection (B), unless the absolute value of the difference between the two results is larger than one of the following:
a.	Sulfur content: 25 ppm by weight,
b.	Aromatics: 2.7% by volume,
c.	Olefins: 2.5% by volume,
d.	Ethanol: 0.4% by volume,
e.	Isobutanol: 0.6% by volume,
f.	Vapor pressure: 0.3 psi,
g.	50% distillation temperature: ASTM reproducibility for that sample using the slope from the registered supplier’s results,
h.	90% distillation temperature: ASTM reproducibility for that sample using the slope from the registered supplier’s results,
i.	E200: 2.5% by volume,
j.	E300: 3.5% by volume, or
k.	API gravity: 0.3° API.
2.	If the absolute value of the difference between the results of the analyses conducted by the registered supplier and independent laboratory is larger than one of the values specified in subsection (H)(1), the registered supplier shall use one of the following for certification of the batch of Arizona CBG or AZRBOB under subsection (B):
a.	The larger of the two values for each fuel property, except the smaller of the two values shall be used for measures of oxygenates; or
b.	Have a second independent laboratory analyze the Arizona CBG or AZRBOB for each fuel property; and if the difference between the results obtained by the second independent laboratory and those obtained by the registered supplier are within the range listed in subsection (H)(1), the registered supplier’s results shall be used for certifying the Arizona CBG or AZRBOB under subsection (B).
Historical Note
New Section R3-7-752 recodified from Section R20-2-752 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-753.	General Requirements for Pipelines and Third-party Terminals
A.	A pipeline or third-party terminal shall not accept Arizona CBG or AZRBOB for transport unless:
1.	The Arizona CBG or AZRBOB is physically transferred from an importer, refiner, CBG blender, oxygenate blender, pipeline, or third-party terminal registered with the Division under R3-7-750; and
2.	The registered supplier provides written verification that the gasoline is Arizona CBG or AZRBOB and complies with the standards in R3-7-751(A) or (B), as applicable, without reproducibility or numerical rounding.
B.	A pipeline or third-party terminal that transports Arizona CBG or AZRBOB shall collect a sample of each incoming batch. The pipeline or third-party terminal shall retain the sample for at least 30 days unless this time is extended for an individual sample for up to 180 days by the associate director.
C.	A pipeline shall conduct quality control testing of Arizona CBG or AZRBOB at each input location. Testing shall consist of at least one sample for each registered supplier who completes a batch shipment at that input location on that day.
D.	A pipeline shall provide the associate director with a report summarizing the quality control testing results obtained under subsection (C) by the 15th day of each month, for all results obtained during the previous month. The report shall contain the quantity of Arizona CBG or AZRBOB, date tendered, whether the Arizona CBG or AZRBOB was transported by pipeline, present sample location, and laboratory analysis results.
E.	If a batch does not meet the standards in R3-7-751(A) or (B), as applicable, but is within reproducibility, the pipeline shall notify the associate director by email within 48 hours of 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 a batch does not meet the standards in R3-7-751(A) or (B), as applicable, including reproducibility, the pipeline or third-party terminal shall notify the associate director by email within 24 hours of the batch 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 prevent release of the batch from a distribution point until the batch is certified as meeting the standards in R3-7-751(A) or (B), as applicable.
G.	A pipeline or third-party terminal shall develop a QA/QC program to demonstrate the accuracy and effectiveness of the pipeline’s or third-party terminal’s laboratory testing. The QA/QC program for a pipeline or third-party terminal shall include a description of the laboratory testing protocol used to verify that Arizona CBG or AZRBOB transported to the CBG-covered area meets the standards in R3-7-751(A) or (B). A pipeline or third-party terminal shall submit the QA/QC program to the associate director for approval at least three months before the pipeline or third-party terminal begins to transport Arizona CBG or AZRBOB. The associate director shall approve a QA/QC program only if the associate director determines that the QA/QC program ensures that the pipeline’s or third-party terminal’s laboratory testing produces data that are complete, accurate, and reproducible. If a pipeline or third-party terminal makes significant changes to the QA/QC program, the pipeline or third-party terminal shall resubmit the QA/QC program to the associate director for review and approval. Within 30 days of receiving the changed QA/QC program, the associate director shall determine whether the changed QA/QC program meets the quality objectives originally approved by the Division. The associate director shall approve the changed QA/QC program if it meets the quality objectives.
H.	A portion of a facility that a third-party terminal uses for production, import, or oxygenate blending is exempt from this Section, but the third-party terminal shall operate the exempt portion of the facility in compliance with requirements for registered suppliers in R3-7-752 and oxygenate blenders in R3-7-755, as applicable.
I.	A pipeline is not liable under R3-7-761 if it follows all of the procedures in this Section.
Historical Note
New Section R3-7-753 recodified from Section R20-2-753 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-754.	Downstream Blending Exceptions for Transmix
A.	A pipeline or third-party terminal may blend transmix into Arizona CBG or AZRBOB at a rate not to exceed 1/4 of one percent by volume. Each pipeline or third-party terminal shall document the transmix blending (recording each batch and volume of transmix blended) and maintain the records at the third-party terminal for two years from the date of blending.
B.	One of two methods shall be used to measure the transmix as it is blended into the product stream:
1.	Meters, calibrated at least twice each year; or
2.	Tank gauge as per the API Manual of Petroleum Measurement Standards.
Historical Note
New Section R3-7-754 recodified from Section R20-2-754 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-755.	Additional Requirements for AZRBOB and Oxygenate Blending
A.	Application of Arizona CBG standards to AZRBOB. Determining whether AZRBOB complies with Arizona CBG standards.
1.	If a registered supplier designates a final blend as AZRBOB and complies with the provisions of this Section, the fuel properties and performance standards of the AZRBOB, for purposes of compliance with R3-7-751(C), are determined by adding the specified type and amount of oxygenate to a representative sample of the AZRBOB and determining the fuel properties and performance standards of the resulting gasoline using the test methods in R3-7-759 or, in the case of ethanol blends, certifying the AZRBOB using the CARBOB Model, on a form or in a format prescribed by the associate director. If the registered supplier designates a range of amounts of oxygenate to be added to the AZRBOB, the minimum designated amount of oxygenate shall be added to the AZRBOB to determine the fuel properties and performance standards of the resulting Arizona CBG. If a registered supplier does not comply with this subsection, the Division shall determine whether the AZRBOB complies with applicable fuel properties and performance standards, excluding requirements for vapor pressure, without adding oxygenate to the AZRBOB.
2.	In determining whether AZRBOB complies with the Arizona CBG standards, the registered supplier shall ensure that the oxygenate added to the representative sample under subsection (A)(1) is representative of the oxygenate the registered supplier reasonably expects will be subsequently added to the AZRBOB.
3.	The representative sample under subsection (A)(1) shall be prepared in accordance with ASTM D7717 or another test method approved by EPA or CARB.
4.	Calculating the volume of AZRBOB. If a registered supplier designates a final blend as AZRBOB and complies with this Section, the volume of AZRBOB is calculated for compliance purposes under R3-7-751 by adding the minimum amount of oxygenate designated by the registered supplier. If a registered supplier fails to comply with this subsection, the Division shall calculate the volume of AZRBOB for purposes of compliance with applicable fuel properties and performance standards without adding the amount of oxygenate to the AZRBOB.
B.	Restrictions on transferring AZRBOB.
1.	A person shall not transfer ownership or custody of AZRBOB 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 in the type and amount (or within the range of amounts) designated in R3-7-757, or will recertify the AZRBOB under R3-7-755(F), before the AZRBOB is transferred from a final distribution facility; or
b.	The transferee will take all reasonably prudent steps necessary to ensure that the AZRBOB is transferred to a registered oxygenate blender that adds the type and amount (or within the range of amounts) of oxygenate designated in R3-7-757 to the AZRBOB, or recertifies the AZRBOB under R3-7-755(F), before the AZRBOB is transferred from a final distribution facility.
2.	A person shall not sell or supply Arizona CBG from a final distribution facility if the type and amount or range of amounts of oxygenate designated in R3-7-757 have not been added to the AZRBOB, unless the final distribution facility recertifies the AZRBOB under R3-7-755(F).
C.	Restrictions on blending AZRBOB with other products. A person shall not combine AZRBOB supplied from the facility at which the AZRBOB is produced or imported with any other AZRBOB, gasoline, blendstock, or oxygenate, except for:
1.	Oxygenate in the 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 unless the AZRBOB is recertified by an oxygenate blender under R3-7-755(F); or
2.	Other AZRBOB for which the same oxygenate type and amount (or range of amounts) is specified by the registered supplier at the time the AZRBOB is supplied from the production or import facility, except that AZRBOB certified for the addition of 10% ethanol may be combined with AZRBOB certified for the addition of more than 10 but no more than 15 volume percent ethanol.
D.	Survey for oxygenate blending during the winter. A registered supplier supplying AZRBOB from a production or import facility shall conduct an oxygenate blending survey program that meets the requirements of R3-7-760(A) or use an independent third-party to conduct an oxygenate blending survey program that meets the requirements in R3-7-760(B).
E.	Requirements for oxygenate blenders.
1.	Requirement to add oxygenate to AZRBOB. If an oxygenate blender receives AZRBOB from a transferor to whom the oxygenate blender represents that oxygenate will be added to the AZRBOB, the oxygenate blender shall add oxygenate to the AZRBOB in the type and amount (or within the range of amounts) identified in the documentation accompanying the AZRBOB except as provided under R3-7-755(F).
2.	Additional requirements for oxygenate blending at terminals. An oxygenate blender that makes Arizona CBG by blending oxygenate with AZRBOB in a motor fuel storage tank, other than a truck used to deliver motor fuel to a retail outlet or bulk-purchaser consumer facility, shall determine the oxygen content and volume of the Arizona CBG before shipping, by collecting and analyzing a representative sample of the Arizona CBG, using the methodology in R3-7-759.
3.	Additional requirements for oxygenate blending in trucks. An oxygenate blender that blends AZRBOB in a motor fuel delivery truck shall conduct a quality assurance sampling and testing program to determine whether the proper type and amount of oxygenate is added to AZRBOB. The program shall be conducted as follows:
a.	All samples shall be collected subsequent to the addition of oxygenate and prior to combining the resulting gasoline with any other gasoline;
b.	Sampling and testing shall be done at one of the following rates:
i.	In the case computer-controlled in-line blending is used, a rate of not less than one sample per each five hundred occasions AZRBOB and oxygenate are loaded into a truck by that oxygenate blender, or one sample every three months, whichever is more frequent; or
ii.	In the case computer-controlled in-line blending is not used, a rate of not less than one sample per each one hundred occasions AZRBOB and oxygenate are blended in a truck by that oxygenate blender, or one sample per month, whichever is more frequent.
c.	Sampling and testing shall be of the Arizona CBG produced by that oxygenate blender;
d.	Samples shall be analyzed for oxygenate type and oxygen content using the testing methodology specified in R3-7-759, including reproducibility; and 
e.	In the event the testing results for any sample indicate the gasoline does not contain the specified type and amount of oxygenate (within the ranges of the applicable test methods, including reproducibility), the oxygenate blender shall:
i.	Immediately stop selling (or where possible, to stop any transferee of the gasoline from selling) the gasoline which was sampled;
ii.	Take steps to determine and correct the cause of the noncompliance; and
iii.	Increase the rate of sampling and testing to double the required frequency outlined in subsection (E)(3)(b).
f.	The increased frequency in subsection (E)(3)(e)(iii) shall continue until the results of ten consecutive samples and tests indicate the gasoline complies with applicable standards, at which time the sampling and testing frequency may revert to the original frequency.
4.	Additional requirements for in-line oxygenate blending in pipelines using computer-controlled blending.
a.	An oxygenate blender that produces Arizona CBG by blending oxygenate with AZRBOB into a pipeline 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 combining the resulting Arizona CBG with any other Arizona CBG;
ii.	Determine the oxygen content of the Arizona CBG by analyzing the composite sample within 24 hours of blending using the methodology in R3-7-759; and
iii.	Determine the volume of the resulting Arizona CBG.
b.	If the test results for the Arizona CBG indicate that it does not contain the amount of oxygenate specified by the ranges of the applicable test methods, the oxygenate blender shall:
i.	Notify the pipeline to downgrade the Arizona CBG to conventional gasoline or transmix upon arrival in Arizona;
ii.	Begin an investigation to determine the cause of the noncompliance;
iii.	Collect a representative sample every two hours during each in-line blend of AZRBOB and oxygenate, and analyze the samples within 12 hours of collection, until the cause of the noncompliance is determined and corrected; and
iv.	Notify the associate director in writing within one business day that the Arizona CBG does not comply with the requirements of this Article.
v.	The oxygenate blender shall comply with subsection (E)(4)(b)(iii) until the associate director determines that the corrective action has remedied the noncompliance.
5.	Additional requirements for oxygenate blending at motor fuel dispensing sites. An oxygenate blender that blends AZRBOB or Arizona CBG with oxygenates at a motor fuel dispensing site shall conduct a quality assurance sampling and testing program to determine whether the proper type and amount of oxygenate is added as follows:
a.	The samples shall be collected subsequent to the addition of oxygenate at least once every six months.
b.	Samples shall be analyzed for oxygenate type and oxygen content using the testing methodology in R3-7-759, including reproducibility.
c.	In the event testing results for any sample indicate the gasoline does not contain the specified type and amount of oxygenate (within the ranges of the applicable test methods), the oxygenate blender shall:
i.	Immediately stop selling the gasoline which was sampled and take steps to determine and correct the cause of the noncompliance; and
ii.	Increase the rate of sampling and testing to quarterly, and continue quarterly testing until two consecutive tests indicate the gasoline complies with the applicable standards.
6.	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.	Volume of final blend or shipment;
v.	Oxygen content as determined under R3-7-759; and
vi.	Results from all testing.
b.	The associate director shall deem that Arizona CBG blended by an oxygenate blender and not tested and documented as required by this Section has an oxygen content that does not comply with the standards specified in R3-7-751 unless the oxygenate blender demonstrates to the associate director that the Arizona CBG meets the standards in R3-7-751.
c.	Within 15 days of the associate director’s written request, an oxygenate blender shall provide any records maintained by the oxygenate blender under this Section. If the oxygenate blender fails to provide records requested for a blend or shipment of Arizona CBG, the associate director shall deem that the blend or shipment of Arizona CBG violates R3-7-751 unless the oxygenate blender demonstrates to the associate director that the Arizona CBG meets the standards and limits under R3-7-751.
7.	Notification requirement. An oxygenate blender shall notify the associate director by email before transporting Arizona CBG or AZRBOB into the CBG-covered area by a means other than a pipeline.
8.	Quality assurance and quality control (“QA/QC”) program. An oxygenate blender that conducts sampling and testing under subsection (E) in the oxygenate blender’s own laboratory shall develop a QA/QC program to demonstrate the accuracy and effectiveness of the oxygenate blender’s sampling and testing of Arizona CBG or AZRBOB. The oxygenate blender shall submit the QA/QC program to the associate director for approval before transporting Arizona CBG. The associate director shall approve a QA/QC program only if the associate director determines that the QA/QC program ensures that the oxygenate blender’s sampling and testing produces data that are complete, accurate, and reproducible. Instead of developing a QA/QC program, an oxygenate blender may comply with the independent testing requirements of R3-7-752(F), except that, for sampling and testing conducted under subsection (E)(3), the minimum number of samples collected and tested by the independent laboratory shall be 10% of the number of samples required to be collected and tested under subsection (E).
9.	An oxygenate blender that does not conduct laboratory sampling and testing required under subsection (E) in its own laboratory shall designate an independent laboratory, as described in R3-7-752(F), to conduct the sampling and testing required under subsection (E)(8).
10.	Within 24 hours of the associate director’s or designee’s written request, an oxygenate blender shall submit a duplicate of any sample collected under subsection (E)(8).
F.	Downstream AZRBOB or Arizona CBG Recertification. If a registered supplier has specified blending instructions for oxygenate(s) under R3-7-752 and R3-7-755(A), an oxygenate blender may recertify AZRBOB for a different type or amount of oxygenate. The oxygenate blender is exempt from the requirements to register as a registered supplier and certify the finished Arizona CBG under R3-7-751(C) and (D), and R3-7-752, if the recertifying oxygenate blender:
1.	Only recertifies AZRBOB to contain a greater amount of a specified oxygenate (e.g. the oxygenate blender adds 15 volume percent ethanol to a batch certified for the addition of 10 volume percent ethanol) or a different oxygenate at an equal or greater amount (e.g. the oxygenate blender adds 16 volume percent isobutanol to a batch certified for 10 volume percent ethanol);
2.	Issues product transfer documentation that includes the information for the recertified gasoline contained in R3-7-757, unless the recertified gasoline is blended and dispensed at a motor fuel dispensing site or fleet vehicle fueling facility;
3.	Meets the requirements applicable to oxygenate blenders in R3-7-755(E); and
4.	Uses oxygenates meeting the requirements of R3-7-708(B) or (C), or ethanol flex fuel that meets the requirements of R3-7-708(E) to blend with AZRBOB or Arizona CBG.
G.	Upon request, on a form or in a format prescribed by the associate director, an oxygenate blender shall report to the Division the volume of Arizona CBG recertified, including the types and amounts of oxygenate added. The report shall be submitted to the Division within 15 days of the request.
Historical Note
New Section R3-7-755 recodified from Section R20-2-755 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-756.	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 resulting gasoline blend meets the requirements in ASTM D4814 and is not used within the CBG-covered area.
B.	Notwithstanding subsection (A), a person may add nonoxygenate blendstock to a previously certified batch or mixture of certified batches of Arizona CBG that does not comply with one or more of the applicable per-gallon standards contained in R3-7-751(A) or (B) if the person obtains prior written approval from the associate director based on a demonstration that adding the blendstock will bring the previously certified Arizona CBG into compliance with the applicable per-gallon standards for Arizona CBG. The oxygenate blender or registered supplier shall certify the re-blended Arizona CBG to the Division, on a form or in a format prescribed by the associate director.
Historical Note
New Section R3-7-756 recodified from Section R20-2-756 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-757.	Product Transfer Documentation; Records Retention
A.	If a person transfers custody or title to Arizona CBG or AZRBOB, other than when Arizona CBG is sold or dispensed at a motor fuel dispensing site or fleet vehicle fueling facility, the transferor shall provide to the transferee documents that include the following:
1.	Volume of Arizona CBG or AZRBOB being transferred;
2.	Location of the Arizona CBG or AZRBOB at the time of transfer;
3.	Date of the transfer;
4.	Product transfer document number;
5.	Identification of the gasoline as Arizona CBG or AZRBOB;
6.	Minimum octane rating of the Arizona CBG or AZRBOB;
7.	For Arizona CBG that contains an oxygenate, a legible and conspicuous statement that the gasoline being transferred contains an oxygenate and lists the type and percentage concentration of the oxygenate;
8.	If the product transferred is AZRBOB for which oxygenate blending is intended:
a.	Identification of the fuel as AZRBOB and a statement that the “AZRBOB does not comply with the standards for Arizona CBG without the addition of oxygenate”;
b.	Oxygenate type or types and amount or range of amounts that the AZRBOB requires to meet the fuel properties or performance standards claimed by the registered supplier of the AZRBOB, and the applicable specifications for volume percent of oxygenate and weight percent oxygen content; and
c.	Instructions to the transferee that the AZRBOB may not be combined with any other AZRBOB unless the other AZRBOB has the same requirements for oxygenate type or types and amount or range of amounts; and
9.	The final destination:
a.	When a terminal is the transferor, the owner or the operator shall include on the product transfer document the terminal name and address and the transporter name and address;
b.	When a transporter is the transferor, the transporter shall include on the product transfer document the name and address of the transporter and the final destination, which is the location at which the motor fuel will be delivered and off loaded from the truck; and
c.	When a jobber or marketer is the transferor, the jobber or marketer shall include on the product transfer document the name and address of the jobber or marketer and the final destination, which may be a final distribution facility or a motor fuel dispensing site.
B.	To enable a transferor to comply fully with the requirement in subsection (A)(9), the transferee shall supply to the transferor information regarding the final destination.
C.	A registered supplier, third-party terminal, or pipeline may comply with subsection (A) by using standardized product codes on pipeline tickets if the codes are specified in a manual distributed by the pipeline to transferees of the Arizona CBG or AZRBOB, and the manual includes all required information for the Arizona CBG or AZRBOB.
D.	Any transferee in subsection (A), other than a registered supplier, oxygenate blender, third-party terminal, pipeline, motor fuel dispensing site, or fleet vehicle fueling facility shall retain product transfer documents for each shipment of Arizona CBG or AZRBOB transferred during the 24 months before the most recent transfer. The transferee shall maintain product transfer documents for the 30 days before the most recent transfer at the business address listed on the product transfer document. The transferee may maintain all remaining product transfer documents for the preceding 24 months elsewhere.
E.	A motor fuel dispensing site or fleet vehicle fueling facility shall retain product transfer documents for each shipment of Arizona CBG transferred during the 12 months before the most recent transfer. The motor fuel dispensing site or fleet vehicle fueling facility shall maintain product transfer documents for the three most recent transfers on the premises. The motor fuel dispensing site or fleet vehicle fueling facility may maintain the remaining product transfer documents for the preceding 12 months elsewhere.
F.	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 the 60 months before the most recent transfer. The transferee shall maintain product transfer documents for each shipment of Arizona CBG or AZRBOB transferred during the 30 days preceding the most recent transfer at the business address listed on the product transfer document. The transferee may maintain all remaining product transfer documents for the preceding 60 months elsewhere.
G.	Upon request by the associate director or designee, a person shall present product transfer documents to the Division within two business days of the request. Legible photocopies or electronic copies of the product transfer documents are acceptable. 
Historical Note
New Section R3-7-757 recodified from Section R20-2-757 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-758.	Repealed
Historical Note
Repealed Section R3-7-758 recodified Section R20-2-758 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
R3-7-759.	Testing Methodologies
A.	Except as provided in subsection (C), a registered supplier certifying Arizona CBG or AZRBOB as meeting the requirements of this Article shall use one of the EPA- or CARB-approved ASTM methods listed in Table A, a copy of which may be obtained at: ASTM International, 100 Bar Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org. A copy of the CARB methods may be obtained at: California Air Resources Board, P.O. Box 2815, Sacramento, CA 95812 or www.arb.ca.gov.
B.	An oxygenate blender or third-party terminal certifying Arizona CBG or AZRBOB before transport to the CBG-covered area shall measure the oxygenate content in accordance with the oxygenate blender’s or third-party terminal’s approved QA/QC program or in accordance with one of the methods listed in Table A.
C.	Rather than using a method listed in Table A to certify Arizona CBG or AZRBOB, a registered supplier may use the CARBOB Model and use the fuel-quality measures calculated using the CARBOB Model for compliance and reporting purposes.
D.	A test method that the Division determines is equivalent to those listed in Table A may be used to certify Arizona CBG or AZRBOB. The Division has determined that test methods approved by either EPA methodology described in 40 CFR 1090.1360 or CARB are equivalent test methods. EPA referee methods from 40 CFR 80.47 as it existed December 31, 2020, may be used if the tested property is not listed in 40 CFR 1090.1360. If a correlation equation is required by EPA, CARB, or the ASTM test method, the correlation equation shall be used to align the test methods, and becomes part of the equivalent test method.
Historical Note
New Section R3-7-759 recodified from Section R20-2-759 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).

Table A.	Arizona Weights and Measures Services Division Test Methods for Arizona CBG and AZRBOB
Fuel Parameter	Units	Approved Test Methods	
Aromatics	V%	D1319-20a, D5769-20, D5580-02 (2007)	
Benzene	V%	D3606-21, D5580-02 (2007)	
Olefins	V%	D1319-20a, D6550-10 (2010)Footnote 1, D8071-21	
Oxygenates	W%	D4815-09 (2009), D4815-15b (2019), D5599-18	
Vapor Pressure (Correlation Equation)	psi	D5191-20Footnote 2, 13 CCR Section 2297	
Sulfur	wppm	D2622-21, D5453-93 (1993)	
Distillation T50	ºF	D86-99aε1, D86-20b	
Distillation T90	ºF	D86-99aε1, D86-20b	
Footnotes:
1.    Replace the last sentence in ASTM D6550-00 (2010) Section 1.1 with the following: “The application range is from 0.3 to 25 mass percent total olefin, as defined in Section 2263(b), Title 13, California Code of Regulations. If olefin concentrations are not detected, substitute one-half of the detection limit.”
2.   When determining vapor pressure, the only correlation equation to be used is equation 1 in ASTM D5191-20, Section 14.2, ASTM equation ((.965X)-A).	

Historical Note
New Article 7, Table A recodified from 20 A.A.C. 2, Article 7, Table A at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Table A repealed; new Table A made by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-760.	Compliance Surveys
A.	A registered supplier shall conduct surveys for oxygenate blending during the winter and a compliance survey during the summer. The winter survey shall be conducted following the requirements in subsection (A), or using an independent third-party surveyor following the requirements in subsections (B) and (D). The summer survey shall be conducted following the requirements in subsection (C), or using an independent third-party surveyor following the requirements in subsections (C) and (D). Surveys for oxygenate blending during the winter: A registered supplier supplying AZRBOB from a production or import facility shall conduct an oxygenate blending survey program to be carried out at the facilities of each oxygenate blender who blends any AZRBOB produced or imported by the refiner or importer with any oxygenate, to determine whether the Arizona CBG, which has been produced through blending, complies with the applicable standards using the methodology specified in R3-7-759. The sampling and testing program shall be conducted as follows:
1.	Samples shall be collected in accordance with ASTM D4057 and be analyzed for oxygenates. All samples shall be collected subsequent to the addition of oxygenate and prior to combining the resulting gasoline with any other gasoline.
2.	Sampling and testing shall be at one of the following rates, regardless of the amount of oxygenate added:
a.	In the case of AZRBOB which is blended with oxygenate in a gasoline storage tank, a rate of not less than one sample for every 400,000 barrels of AZRBOB produced or imported by that refiner or importer that is blended by that oxygenate blender, or one sample every month, whichever is more frequent;
b.	In the case of AZRBOB which is blended with oxygenate in gasoline delivery trucks through the use of computer-controlled in-line blending equipment, a rate of not less than one sample for every 200,000 barrels of AZRBOB produced or imported by that refiner or importer that is blended by that oxygenate blender, or one sample every three months, whichever is more frequent; or
c.	In the case of AZRBOB which is blended with oxygenate in gasoline delivery trucks without the use of computer-controlled in-line blending equipment, a rate of not less than one sample for each 50,000 barrels of AZRBOB produced or imported by that refiner or importer which is blended, or one sample per month, whichever is more frequent.
3.	In the event that the test results for any sample indicate the gasoline does not comply with applicable standards, including reproducibility, the refiner or importer shall:
a.	Immediately take steps to stop the sale of the gasoline that was sampled;
b.	Take steps which are reasonably calculated to determine and correct the cause of the noncompliance;
c.	Increase the rate of sampling and testing to double the required frequency outlined in subsection (A)(2); and
d.	Continue the increased frequency of sampling and testing until the results of ten consecutive samples and tests indicate the gasoline complies with applicable standards, at which time the sampling and testing may be conducted at the original frequency.
4.	This survey program conducted by a registered supplier shall be conducted in addition to any survey requirements carried out under this subsection by other registered suppliers.
B.	Instead of conducting the oxygenate blending survey program in subsection (A), the registered supplier may use an independent third-party surveyor to conduct a winter oxygenate blending survey that meets the following requirements:
1.	Designed and conducted by an independent third-party surveyor that meets the requirements of subsection (D)(2)(a);
2.	Conducted November 1 through March 31 on all samples collected under the program design approved by the associate director under subsection (D);
3.	Involves sampling and testing that is representative of all Arizona CBG dispensed in the CBG-covered area, including a representative number of E15 samples;
4.	Analyzes each sample for oxygenate according to the methodologies specified in R3-7-759;
5.	Collects samples of gasoline produced at blender pumps using “Method #1” of the E15 Sampling Procedure specified in Handbook 158; 
6.	Verifies compliance of E15 labeling requirements at gasoline retail outlets that offer E15 for sale; and
7.	Includes a sufficient amount of samples to ensure that the average levels of oxygen is determined at a 95% confidence level with an error of 0.1% or less for oxygen by weight.
C.	Summer Compliance Surveys. A registered supplier shall ensure that compliance surveys are conducted in accordance with a compliance survey program plan approved by the associate director. A registered supplier may use an independent third-party surveyor as outlined in subsection (D) to conduct a summer compliance survey. The associate director shall approve a compliance survey program plan if the plan:
1.	Consists of at least four VOC and NOx surveys conducted at least once per month between June 1 and September 30 of each year;
2.	Consists of all samples that are collected under an approved survey program plan during any consecutive seven days;
3.	Is representative of all Arizona CBG being dispensed in the CBG-covered area including a representative number of E15 samples;
4.	Includes enough samples to ensure that the average levels of oxygen, vapor pressure, aromatic hydrocarbons, olefins, T50, T90, and sulfur are determined at a 95% confidence level with an error of: 
a.	0.1% or less for oxygen by weight; 
b.	0.1 psi for vapor pressure;
c.	0.5% for aromatic hydrocarbons by volume;
d.	0.5% for olefins by volume;
e.	5º F for T50 and T90; and
f.	10 ppm for sulfur.
5.	Analyzes each sample included in the compliance survey for oxygenate type and content, olefins, sulfur, aromatic hydrocarbons, E200, E300, and vapor pressure according to the test methods in R3-7-759 (vapor pressure is required to be analyzed only from June 1 through September 30); and
6.	If a laboratory analyzes the compliance survey samples, the laboratory participates in a correlation program approved by the associate director to ensure the validity of analysis results.
7.	For each compliance survey sample, determine the VOC and NOx emissions reduction percentage based upon the tested fuel properties for that sample using the methodology for calculating VOC and NOx emissions reductions under the Federal Complex Model.
D.	An independent third-party surveyor may conduct the winter oxygenate blending survey outlined in subsection (B) and the summer compliance survey outlined in subsection (C), if the survey program:
1.	Is approved by the associate director;
2.	Is designed and conducted by a third-party surveyor that is independent of the registered supplier. To be considered independent:
a.	The surveyor shall not be an employee of any registered supplier;
b.	The surveyor shall not have an obligation to, or interest in, any registered supplier; and
c.	The registered supplier shall not have an obligation to or interest in the surveyor.
3.	Requires that the surveyor not provide advance notice, except as provided in subsection (D)(8), of the date or location of any survey sampling;
4.	Provides a duplicate of any sample taken during the survey to the associate director, upon request of the associate director within 30 days following submission of the survey report required under subsection (D)(7), including:
a.	Information regarding the name and address of the facility from where the sample was collected, and
b.	The date of collection;
5.	Requires that the surveyor permit a Division official to monitor sample collection, transportation, storage, and analysis at any time;
6.	Requires the laboratory to participate in a correlation program approved by the associate director to ensure the validity of analysis results;
7.	Requires the surveyor to submit a report of each survey to the associate director within 30 days after sampling is completed, including the following information:
a.	Name of the person conducting the survey;
b.	Attestation by an officer of the surveyor that the sampling and testing was conducted according to the compliance survey program plan and the results are accurate;
c.	Identification of the registered supplier for whom the compliance survey was conducted if the compliance survey was conducted for only one registered supplier;
d.	Identification of the area from which survey samples were selected;
e.	Dates on which the survey was conducted;
f.	Address of each facility at which a sample was collected, and the date of collection;
g.	Name and address of each laboratory at which samples were analyzed;
h.	Description of the method used to select the facilities from which a sample was collected;
i.	Number of samples collected from each facility;
j.	Justification for excluding a collected sample from the survey, if one was excluded; and
k.	For a survey conducted under subsection (A), analyzes each sample for oxygenate according to the methodologies specified in R3-7-759; or
l.	For a survey conducted under subsection (C), results of the sample analysis for oxygenate type, oxygen weight percent, aromatic hydrocarbons, olefin content, E200, E300, vapor pressure, and the calculated VOC or NOx emissions reduction percentage, as applicable, for each survey conducted during the period identified in subsection (C)(1);
8.	Begins each survey on a date selected by the associate director, or as approved in the survey program. The associate director shall notify the surveyor of the date selected at least 10 days before the survey is to begin.
E.	To obtain the associate director’s approval of a survey program plan, the person seeking approval shall:
1.	Submit the plan to the associate director no later than January 1 to cover the survey period of November 1 through March 31 or June 1 through September 15 of each year, as applicable; and
2.	Have the plan signed by a corporate officer of the registered supplier or by an officer of the independent third-party surveyor.
F.	If the associate director determines that a sample used in a compliance survey does not comply with R3-7-751 or another requirement under this Article, the associate director may take enforcement action against the registered supplier, oxygenate blender, and/or retail location.
G.	If a registered supplier fails to ensure that an approved compliance survey program is conducted, the associate director may consider all batches delivered into the CBG-covered area during the survey period as non-compliant.
H.	No later than April 1 of each year, a registered supplier that intends to meet the requirements in subsections (A) and (C) by contracting with an independent third-party surveyor to conduct the compliance survey plan for the next summer and winter season shall enter into the contract and pay all of the money necessary to conduct the compliance survey plan. The registered supplier may pay the money necessary to conduct the compliance survey plan to the independent third-party surveyor or to an escrow account with instructions to the escrow agent to release the money to the independent third-party surveyor as the compliance survey plan is implemented. No later than April 15, the registered supplier shall submit to the associate director a copy of the contract with the independent third-party surveyor, proof that the money necessary to conduct the compliance survey plan has been paid, and, if applicable, a copy of the escrow agreement.
I.	A registered supplier is exempt from the survey requirements of this Section if they supply less than 1,000,000 gallons of Arizona CBG or AZRBOB within a calendar year.
Historical Note
New Section R3-7-760 recodified from Section R20-2-760 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-761.	Liability for Noncompliant Arizona CBG or AZRBOB
A.	Persons liable. If motor fuel designated as Arizona CBG or AZRBOB does not comply with R3-7-751, the following are liable for the violation:
1.	Each person who owns, leases, operates, controls, or supervises a facility where the noncompliant Arizona CBG 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 noncompliant 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 complied 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 Arizona CBG or AZRBOB, provided the quality assurance program is properly administered.
2.	If a violation is found at a facility that operates under the corporate, trade, or brand name of a registered supplier, that registered supplier must show, in addition to the defense elements in subsection (B)(1), that the violation was caused by:
a.	A violation of law other than A.R.S. Title 3, Chapter 19, Article 6, this Article, or an act of sabotage or vandalism;
b.	A violation of a contract obligation imposed by the registered supplier designed to prevent noncompliance, 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 supplier designed 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 a preponderance of the evidence, that the violation was caused or must have been caused by another person.
C.	Quality assurance sampling and testing program. To demonstrate an acceptable quality assurance program for Arizona CBG or AZRBOB, at all points in the gasoline distribution network, other than at a motor fuel dispensing site or fleet vehicle fueling facility, a person shall present evidence:
1.	Of a periodic sampling and testing program to determine compliance with the maximum or minimum standards in R3-7-751; and
2.	That each time Arizona CBG or AZRBOB is noncompliant with one of the requirements in R3-7-751:
a.	The person immediately ceases selling, offering for sale, dispensing, supplying, offering for supply, storing, transporting, or causing the transportation of the noncompliant Arizona CBG or AZRBOB; and
b.	The person remedies the violation as soon as practicable.
Historical Note
New Section R3-7-761 recodified from Section R20-2-761 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-762.	Penalties
Any person who violates any provision of this Article is subject to the following:
1.	Prosecution for a Class 2 misdemeanor under A.R.S. § 3-3473(B)(4);
2.	Civil penalties under A.R.S. §§ 3-3473 and 3-3475; and
3.	Stop-use, stop-sale, hold, and removal orders under A.R.S. § 3-3415(A)(2).
Historical Note 
New Section R3-7-762 recodified from Section R20-2-762 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3).
Table 1.	Repealed
Historical Note
New Article 7, Table 1 recodified from 20 A.A.C. 2, Article 7, Table 1 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Table 1 amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Table 1 repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
Table 2.	Repealed
Historical Note
New Article 7, Table 2 recodified from 20 A.A.C. 2, Article 7, Table 2 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Table 2 amended by final rulemaking at 24 A.A.R. 2666, effective November 10, 2018 (Supp. 18-3). Table 2 repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
Table 3.	Repealed
Historical Note
Repealed Table 3 recodified from repealed Table 3 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
ARTICLE 8. RESERVED
ARTICLE 9. REPEALED
R3-7-901.	Repealed
Historical Note 
New Section R3-7-901 recodified from Section R20-2-901 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-902.	Repealed
Historical Note 
New Section R3-7-902 recodified from Section R20-2-902 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-903.	Repealed
Historical Note 
New Section R3-7-903 recodified from Section R20-2-903 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-904.	Repealed
Historical Note 
New Section R3-7-904 recodified from Section R20-2-904 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-905.	Repealed
Historical Note 
New Section R3-7-905 recodified from Section R20-2-905 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-906.	Repealed
Historical Note 
New Section R3-7-906 recodified from Section R20-2-906 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-907.	Repealed
Historical Note 
New Section R3-7-907 recodified from Section R20-2-907 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-908.	Repealed
Historical Note 
New Section R3-7-908 recodified from Section R20-2-908 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-909.	Repealed
Historical Note 
New Section R3-7-909 recodified from Section R20-2-909 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-910.	Repealed
Historical Note 
New Section R3-7-910 recodified from Section R20-2-910 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-911.	Repealed
Historical Note 
New Section R3-7-911 recodified from Section R20-2-911 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-912.	Repealed
Historical Note 
New Section R3-7-912 recodified from Section R20-2-912 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-913.	Repealed
Historical Note 
New Section R3-7-913 recodified from Section R20-2-913 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Repealed by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
ARTICLE 10. STAGE I VAPOR RECOVERY
R3-7-1001.	Material Incorporated by Reference
The following documents are incorporated by reference and on file with the Division. The documents incorporated by reference contain no later amendments or editions:
1.	California Environmental Protection Agency, Air Resources Board, Vapor Recovery Test Procedure TP-201.1B, Static Torque of Rotatable Phase 1 Adaptors, October 8, 2003 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street, Sacramento, California 95812-2815 (herein referred to as “CARB TP-201.1B”).
2.	California Environmental Protection Agency, Air Resources Board, Vapor Recovery Test Procedure TP-201.1E, Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, October 8, 2003 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street, Sacramento, California 95812-2815 (herein referred to as “CARB TP-201.1E”).
3.	California Environmental Protection Agency, Air Resources Board, Vapor Recovery Test Procedure TP-201.3, Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, July 26, 2012 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street, Sacramento, California 95812-2815 (herein referred to as “CARB TP-201.3”).
4.	California Environmental Protection Agency, Air Resources Board, Vapor Recovery Test Procedure TP-201.3C, Determination of Vapor Piping Connections to Underground Gasoline Storage Tanks (Tie-Tank Test), March 17, 1999 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street, Sacramento, California 95812-2815 (herein referred to as “CARB TP-201.3C”).
Historical Note 
New Section R3-7-1001 recodified from Section R20-2-1001 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1002.	Exemptions
An owner or operator of a gasoline dispensing site with a gasoline throughput that does not exceed that specified in A.R.S. § 3-3512(B) may file for an exemption from this Article. To obtain an exemption, the owner or operator of the gasoline dispensing site shall submit an annual throughput report to the Division, using a form prescribed by the Division, no later than March 30 of each year and attest to the throughput during each month of the previous calendar year. If the owner or operator fails to file an annual throughput report timely or if the annual throughput report indicates the exemption limit specified in A.R.S. § 3-3512(B) was exceeded, the Division shall deem the exemption void.
Historical Note 
New Section R3-7-1002 recodified from Section R20-2-1002 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1003.	Equipment and Installation
A.	The Division shall reject a stage I vapor recovery system or component 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 R3-7-1001; or
3.	The vapor recovery system or component fails greater than 20% of Division inspections for that system or component or the Division receives equivalent failure results from a vapor recovery registered service agency, as defined and regulated by Article 6, or from another jurisdiction’s vapor recovery program, and the Division provides at least 30 days public notice of its proposed rejection.
B.	The piping of a stage I vapor recovery system shall be designed and constructed as certified by CARB for that specific vapor recovery system. A person shall not alter a stage I vapor recovery system or component from the CARB-certified configuration without obtaining Division approval under R3-7-1004. All components installed with the stage I vapor recovery system shall be certified by CARB or approved by the Division as required under A.R.S. § 3-3512.
C.	If Division inspection or test data reveal a deficiency in a fitting, assembly, or component that cannot be permanently corrected, the deficient fitting, assembly, or component shall not be used in Arizona.
D.	A stage I liquid or vapor spill containment bucket may have a plugged drain rather than a drain valve if a hand-operated pump is kept onsite for draining entrapped liquid.
E.	A stage I vapor recovery system shall have pressure/vacuum (P/V) threaded valves on top of the vent lines for gasoline storage tanks.
Historical Note 
New Section R3-7-1003 recodified from Section R20-2-1003 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1004.	Application Requirements and Process for Authority to Construct Plan Approval
A.	A person shall not begin to construct a stage I vapor recovery system or to make a modification of an existing stage I vapor recovery system before applying for and obtaining an Authority to Construct permit. A modification is:
1.	Adding or replacing a gasoline storage tank that is equipped with a stage I vapor recovery system;
2.	Modifying, adding, or replacing vent piping; or
3.	Conducting construction at the tank top that exposes stage I or stage II vapor recovery piping.
B.	A person shall file with the Division a written change order, using a form provided by the Division, to obtain a modification of the approved vapor recovery system or component if a modification is needed after the Division issues an Authority to Construct permit. The person shall not make any modification until the Division approves the change order.
C.	To obtain an Authority to Construct permit, a person shall submit to the Division, on a form provided by the Division, the following:
1.	The name, address, and telephone number of any owner, operator, and proposed contractor, if known;
2.	The name of the stage I vapor recovery system or component to be installed along with the CARB certification for that system or component;
3.	The street address of the site where construction or modification will take place with an estimated timetable for construction or modification;
4.	A copy of a blueprint or scaled site plan for the vapor recovery system or component including all stage I vapor recovery equipment and stage I vapor recovery piping detail; and
5.	The application fee specified under R3-7-1006.
D.	A person shall ensure that an installed or modified stage I vapor recovery system meets the following requirements:
1.	Has CARB-certified product and vapor adaptors that prevent loosening or over-tightening of the stage I product and vapor adaptors;
2.	Consists of a two-point stage I system with separate fill and vapor connection points. Coaxial stage I vapor recovery systems shall not be used;
3.	Has a submerged fill pipe that has the fill pipe’s highest point of discharge no more than six inches from the tank bottom;
4.	Has no tank containing motor fuel other than gasoline connected to the vapor piping;
5.	Has vapor piping with a minimum 1/8 inch slope per foot from the vent riser to the tank;
6.	Uses cement that is resistant to deterioration from exposure to water, hydrocarbons, and alcohol to join all pipes;
7.	Has tank vent pipes that extend at least 12 feet above the elevation of the stage I fill points;
8.	Has tank vent pipes with a minimum inside diameter of:
a.	Two inches if the pipe is not manifolded, or
b.	Three inches from the point of manifold for a single vent line;
9.	Has pressure vacuum vent valves that are attached to the tank vent pipes by a threaded connection;
10.	If a gasoline tank is installed in an enclosed vault, has an emergency vent in addition to the pressure vacuum vent valve required under subsection (D)(9);
11.	Has risers into gasoline storage tanks that are covered with caps approved by Underwriters Laboratories;
12.	Has lead wires for instrumentation that pass through a leak-tight grommet with a compression fitting suitable for exposure to gasoline vapors;
13.	Has storage tank vent pipes and fill and vapor manhole tops that are painted a color that minimizes solar gain and has a Light Reflectance Value (“LRV”) of at least 55%, according to the following principles: 
a.	Reflectivity shall be determined by visually comparing the paint with paint-color cards obtained from a paint manufacturer that uses either the Master Palette system to specify the paint color (e.g. 58YY 88/180, where “88” represents the paint reflectivity percentage), or notes the LRV for a specific color;
b.	Examples of colors have a LRV of at least 55% include, but are not limited to, yellow, light gray, aluminum, tan, red iron oxide, cream or pale blue, light green, glossy gray, light blue, light pink, light cream, white, silver, beige, tin plate, and mirrored finish;
c.	A manhole cover that is color coded for product identification is exempt from this subsection; and
14. Complies with other requirements outlined in the Authority to Construct permit.
E.	After review and approval of the Authority to Construct application, the Division shall issue the Authority to Construct permit and mail or email the permit to the address indicated on the application.
1.	A copy of the Authority to Construct permit shall be maintained at the facility during construction so that it is accessible for Division review.
2.	Construction of a stage I vapor recovery system or component at a site not having an Authority to Construct permit, shall be stopped and no further installation work done until an Authority to Construct permit is obtained.
3.	An Authority to Construct permit is not transferable.
F.	The Division shall deny an Authority to Construct application for any of the following reasons:
1.	Providing incomplete, false, or misleading information; or
2.	Failing to meet the requirements stated in this Chapter.
G.	If excavation is involved, the Division may visually inspect the stage I underground piping of a gasoline dispensing site before the piping is buried for compliance with the Authority to Construct permit. The owner or operator of a vapor recovery system or component shall give the Division notice by email at least two business days before the underground piping is complete to schedule the inspection. The Division may require the 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.
H.	After construction is complete, a person who has a valid Authority to Construct permit may dispense gasoline for up to 90 days before final approval if an initial inspection is scheduled according to R3-7-1005.
I.	An Authority to Construct permit expires one year from the date of issue or when a gasoline dispensing site is placed into service following installation or modification of an approved vapor recovery system, whichever is sooner.
Historical Note 
New Section R3-7-1004 recodified from Section R20-2-1004 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1005.	Initial Inspection and Testing
A.	Within 10 days after beginning the dispensing of gasoline at a site that requires an Authority to Construct permit, a person shall provide the Division with a written certification of completion by the contractor and schedule an inspection that includes tests and acceptance criteria specified in the Authority to Construct permit and this subsection. The inspection shall be witnessed by the Division at a time approved by the Division and include the following tests:
1.	A pressure decay test for each vapor control system including underground storage tanks and tank vents using CARB TP-201.3 test procedures, as follows:
a.	All test procedures pertaining to stage I vapor recovery systems shall be followed except the post-test procedures in section 8 and the calculations in section 9 of the CARB TP-201.3 test procedures;
b.	The compliance status of the site shall be determined by comparing the final five-minute pressure with the minimum allowable final pressure in Table 1; and
c.	A calculated ullage exceeding that listed in Table 1 shall be rounded up to the next higher ullage volume in the table;
2.	A test of each pressure vacuum vent valve using CARB TP-201.1E test procedures;
3.	A Tie-Tank test using CARB TP-201.3C test procedure;
4.	A Static Torque test for each rotatable stage I adaptor using CARB TP-201.1B test procedures; and
5.	Procedures specified by a manufacturer or CARB for testing the vapor recovery system.
B.	If there is a difference between a testing contractor’s test results and the Division’s test results, the Division’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 the Division by calling the Division’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 Division shall take enforcement action if a person fails to comply with this Section.
E.	A person shall notify the Division when a vapor recovery system or component is repaired after failing an initial inspection. A registered service representative shall not proceed with a reinspection until the Division 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 scheduled start time, the Division 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 gasoline was first dispensed.
1.	The Division shall take enforcement action if the person fails to timely reschedule the inspection.
2.	The registered service agency shall notify the Division in writing at least 10 business days before the inspection of the time, date, and location of the inspection.
3.	The Division shall notify the registered service agency within five business days, by email, whether it approves the inspection date and time.
Historical Note 
New Section R3-7-1005 recodified from Section R20-2-1005 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1006.	Fee
The Authority to Construct permit fee is $250.
Historical Note 
New Section R3-7-1006 recodified from Section R20-2-1006 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1007.	Operation
A.	The owner or operator of a gasoline dispensing site with stage I vapor recovery shall not transfer or permit the transfer of gasoline into any gasoline storage tank subject to this Article unless stage I vapor recovery equipment is installed, maintained, operating, and being used according to the requirements of A.R.S. Title 3, Chapter 19, Article 7, and this Article.
B.	The owner or operator of a gasoline dispensing site with stage I vapor recovery shall operate the stage I vapor recovery system and associated components in compliance with the CARB certification or Division approval under A.R.S. § 3-3512 for that system and these rules.
C.	The owner or operator of a gasoline dispensing site with stage I vapor recovery located in area A shall inspect the system and its components at least once every seven days. The inspections shall include all stage I fittings and spill containment.
D.	The owner or operator of a gasoline dispensing site shall immediately stop using a stage I vapor recovery system or component if one or more of the following system or component defects occur:
1.	Tank vent pipes are not the proper height or are not properly capped with approved pressure and vacuum vent valves;
2.	Vent pipes do not meet the CARB-specified paint color code specified in R3-7-1004(D)(13);
3.	The stage I vapor recovery system is not properly installed or maintained as evidenced by the following:
a.	Spill containment buckets are cracked, rusted, or not clean and empty of liquid; sidewalls are not attached or are otherwise improperly installed; and drain valves are non-functioning or do not seal;
b.	A fill adaptor collar or vapor poppet (drybreak) is loose, damaged, or has a fill or vapor cap that is not installed or is missing, broken, not securely attached, or missing gaskets;
c.	Coaxial stage I is not equipped with a functioning CARB-approved poppeted fill tube or the coaxial cap is not installed or is missing, broken, not securely attached, or missing gaskets; or
d.	A fill tube is missing, broken, or not sealed; has holes or damaged overfill prevention; or the high point of the bottom opening is more than six inches above the tank bottom;
4.	The tank rise cap with instrument lead wire for an electronic monitoring system is not installed tightly or any other tank riser is not sealed and capped securely;
5.	An above-ground storage tank does not display a permanently attached UL approval plaque; or
6.	Any other component identified in the diagrams, exhibits, attachments, or other documents and certified by CARB or required by the Authority to Construct permit for that system is missing, disconnected, or malfunctioning.
E.	For proper operation of a stage I vapor recovery system or component under A.R.S. § 3-3512(C)(4), the owner or operator of a gasoline dispensing site shall recover vapors during pump-out from a gasoline storage tank to a mobile transporter.
F.	The owner or operator of a gasoline dispensing site shall ensure that any underground tightness test is conducted in a manner that prevents gasoline vapors being emitted to the atmosphere.
Historical Note 
New Section R3-7-1007 recodified from Section R20-2-1007 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1008.	Training and Public Education 
Each owner or operator of a gasoline dispensing site using a stage I vapor recovery system or component shall obtain adequate training and written instructions to enable the system to be installed, operated, and maintained properly in accordance with the manufacturer’s specifications and CARB certification. The owner or operator shall maintain documentation of this training onsite and make the documentation available to the Division within two business days of a request.
Historical Note 
New Section R3-7-1008 recodified from Section R20-2-1008 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1009.	Recordkeeping and Reporting
A.	The owner or operator of a gasoline dispensing site employing a stage I vapor recovery system or component in area A shall maintain records of the inspections done under R3-7-1007.
B.	The owner or operator of a gasoline dispensing site employing a stage I vapor recovery system or component in area A shall maintain a log and related records of all regularly scheduled maintenance and any repairs that have been made to stage I equipment.
C.	The owner or operator of a gasoline dispensing site that is exempt under A.R.S. § 3-3512(B) from requirements to install and operate a stage I vapor recovery system or component shall maintain a log at the site showing monthly throughputs. The owner or operator shall make the log available to the Division within two business days after request. The owner or operator shall submit to the Division the throughput information required under R3-7-1002(B). If any throughput requirement provided in A.R.S. § 3-3512(B) and this Article is exceeded for any month, the owner or operator shall notify the Division in writing within 30 days. The owner or operator shall, within six months after the end of the month the throughput is exceeded, install and operate a stage I vapor recovery system or component conforming to this Article. If a stage I vapor recovery system is already installed, the owner or operator shall have the system tested under R3-7-1010 within 30 days after the end of the month in which the throughput was exceeded.
D.	The owner or operator of a gasoline dispensing site 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 Division upon request.
Historical Note 
New Section R3-7-1009 recodified from Section R20-2-1009 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1010.	Annual Testing and Inspection
A.	A person shall ensure that an annual inspection is conducted by a registered service representative on or before the annual inspection date. The annual inspection date is the last day of the month in which the last scheduled annual inspection was performed. A registered service agency shall notify the Division in writing at least 10 business days before an annual inspection of the time, date, and location of the inspection. The Division shall notify the registered service agency within five business days, by email, whether it approves the annual inspection date and time. The registered service agency shall not perform the annual inspection unless the Division approves the inspection date and time.
B.	The annual inspection shall include the tests defined in R3-7-1005(A)(1) through (4) that pertain to the specific vapor recovery system installed.
C.	To verify proper operation of a vapor recovery system, the Division may perform or may require registered service representatives to perform additional tests under R3-7-1005(A)(5) during the annual inspection and testing. The Division shall provide registered service agencies with six months’ notice before requiring additional annual testing under R3-7-1005(A)(5).
D.	If there is a difference between a testing contractor’s test results and the Division’s test results, the Division’s test results prevail.
E.	If a site fails to pass any of the tests required under subsection (B), the affected vapor recovery system or component shall remain out of service until the vapor recovery system and component pass all tests required under subsection (B).
F.	After an annual inspection begins, a person shall not make a repair to the vapor recovery system or component until the results of the inspection are recorded.
G.	A person shall notify the Division when a stage I vapor recovery system or component is repaired after failing an annual inspection. A registered service representative shall not conduct a reinspection until the Division approves the reinspection date and time.
H.	A registered service representative shall perform all tests according to this Article and any other vapor recovery procedure the Division issues to registered service agencies.
I.	A person that cancels an annual inspection shall notify the Division by calling the Division’s designated telephone number at least one hour before the scheduled inspection and shall reschedule the test to be completed by the annual inspection date. A registered service agency shall notify the Division in writing at least 10 business days before an annual inspection of the time, date, and location of the inspection. The Division shall notify the registered service agency within five business days, by email, of its approval of the inspection date and time. The Division shall take enforcement action if a person does not comply with this subsection.
J.	Gasoline dispensing sites located in area B are exempt from the annual inspection and testing requirements of this Section.
Historical Note 
New Section R3-7-1010 recodified from Section R20-2-1010 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1011.	Compliance Inspections and Additional Test Methods
The Division shall not announce when it plans to conduct a compliance inspection of a stage I vapor recovery system or component. If results of a compliance inspection reveal a violation of A.R.S. Title 3, Chapter 19, or this Article, the Division shall require the vapor recovery system or component to undergo an appropriate test as specified in R3-7-1010.

Historical Note 
New Section R3-7-1011 recodified from Section R20-2-1011 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3).
R3-7-1012.	Enforcement
If the Division finds that a stage I vapor recovery system or component is defective or non-compliant with one or more of the provisions of this Chapter or A.R.S. Title 3, Chapter 19, the Division 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 I vapor recovery system or component to ensure that it meets all requirements of A.R.S. Title 3, Chapter 19 and this Chapter before the vapor recovery system or component is placed in service.

Historical Note 
New Section R3-7-1012 recodified from Section R20-2-1012 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
R3-7-1013.	Stage II Vapor Recovery
If the Division identifies a gasoline dispensing site operating a stage II vapor recovery system within an ozone nonattainment area designated as moderate, serious, severe, or extreme by the EPA under section 107(d) of the Clean Air Act or in area A after September 30, 2018, the Division shall issue an administrative order to require that the stage II vapor recovery system be decommissioned within three months after identification, and may impose a civil penalty under A.R.S. §§ 3-3473 and 3-3475.

Historical Note 
New Section R3-7-1013 recodified from Section R20-2-1013 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).
 Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).
Table 1.	Acceptability of Final System Pressure Results for Systems Tested Using TP-201.3
Ullage (gallons)	Minimum Pressure after Five Minutes (Inches Water Column)	
500	0.73	
550	0.80	
600	0.87	
650	0.93	
700	0.98	
750	1.03	
800	1.07	
850	1.11	
900	1.15	
950	1.18	
1000	1.21	
1200	1.32	
1400	1.40	
1600	1.46	
1800	1.51	
2000	1.56	
2400	1.62	
2600	1.65	
2800	1.67	
3000	1.69	
3500	1.73	
4000	1.76	
4500	1.79	
5000	1.81	
6000	1.84	
7000	1.86	
8000	1.88	
9000	1.89	
10000	1.90	
15000	1.93	
20000	1.95	
25000	1.96	

Historical Note 
Article 10, New Table 1 recodified from 20 A.A.C. 2, Article 10, Table 1 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).