Section R20-2-701. Definitions

In addition to the definitions in R20-2-101, the following defini- tions apply to this Article unless the context otherwise requires:

“Address” means a street number, street name, city, state, and zip code.

“Area A” has the same meaning as in A.R.S. § 49-541. “Area B” has the same meaning as in A.R.S. § 49-541. “Arizona Cleaner Burning Gasoline” or “Arizona CBG” means a gasoline blend that meets the requirements of this  Article  for  gasoline  produced  and  shipped  to  or within Arizona and sold or offered for sale for use in motor vehicles within the CBG-covered area, except as provided under A.R.S. § 41-2124(J).

“AST” means aboveground storage tank.

“AZRBOB” or “Arizona Reformulated Blendstock for Oxygenate Blending” means a combination of gasoline blendstocks that is intended to be or represented to consti- tute Arizona CBG upon the addition of a specified amount (or range of amounts) of fuel ethanol after the blendstock is supplied from the facility at which it was produced or imported.

“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.

“Beginning of transport” means the point at which:

A registered supplier relinquishes custody of Ari- zona CBG or AZRBOB to a transporter or third- party terminal; or

A registered supplier that retains custody of Arizona CBG or AZRBOB begins transfer of the Arizona CBG or AZRBOB into a vessel, tanker, or other container for transport to the CBG-covered area.

“Biodiesel” means a diesel fuel substitute that is pro- duced from nonpetroleum renewable resources as defined by the United States environmental protection agency and meets the registration requirements for fuels and fuel additives established by the United States environmental protection agency pursuant to § 211 of the clean air act as defined in section 49-401.01. A.R.S. § 41-2051 “Biodiesel blend” means a motor fuel that is comprised of biodiesel and diesel fuel and that is designated by the let- ter “B,” followed by the numeric value of the volume per- centage of biodiesel in the blend. A.R.S. § 41-2051 “Biodiesel (mono-alkyl ester)” means a biodiesel or fuel additive that:

Is registered as a motor vehicle fuel or fuel additive under 40 CFR 79,

Is a mono-alkyl ester,

Meets the standards in ASTM D6751,

Is intended for use in some engines designed to run on conventional diesel fuel, and

Is derived from nonpetroleum renewable resources. “Biodiesel (mono-alkyl ester) blend” means a motor fuel composed of biodiesel (mono-alkyl ester) and diesel fuel and identified by the letter “B” and a numeric value indi- cating the volume percentage of biodiesel (mono-alkyl ester) in the blend.

“Biofuel” means a solid, liquid, or gaseous fuel that is derived from biomass or nonpetroleum renewable resources and can be used directly for heating or power or as a motor fuel.

“Biofuel blend” means a motor fuel composed of biofuel and petroleum-based motor fuel and identified by the let- ter “C” and a numeric value indicating the volume per- centage of biofuel in the blend.

“Biomass” means biological material, such as animal or plant matter, that can be transformed into biofuel, exclud- ing biological material that has been transformed by geo- logical processes into a substance such as coal petroleum or a derivative of a substance resulting from geological processes.

“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. “BQ9000” means the cooperative and voluntary program, implemented   by  the  National  Biodiesel  Accreditation Commission, to accredit producers and marketers of bio- diesel fuel using a combination of the ASTM standard for biodiesel (ASTM D6751) and a quality systems program of fuel management practices regarding storing, sam- pling, testing, blending, shipping, and distributing bio- diesel fuel.

“CARB” means the California Air Resources Board. “CARBOB Model” means the procedures incorporated by reference in R20-2-702(11).

“CARB Phase 2 gasoline” means gasoline that meets the specifications incorporated by reference in R20-2-702(8). “CBG-covered area” means a county with a population of 1,200,000 or more persons according to the most recent United States decennial census and any portion of a county within area A.

“Conventional gasoline” means gasoline that conforms to the requirements of this Chapter for sale or use in Ari- zona, but does not meet the requirements of Arizona CBG or AZRBOB.

“Diesel” or “diesel fuel” means a refined middle distillate that is used as a fuel in a compression-ignition internal combustion engine and that meets the specifications of ASTM D975. A.R.S. § 41-2051

“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.

“E85” means a fuel ethanol gasoline blend that meets the specifications in ASTM D5798, which is incorporated by reference in R20-2-702.

“EPA” means the United States Environmental Protection Agency.

“EPA waiver” means a waiver granted by the Environ- mental Protection Agency as described in “Waiver Requests under Section 211(f) of the Clean Air Act,” which is incorporated by reference in R20-2-702.

“Final destination” means the name and address of the location to which a transferee will deliver motor fuel for further distribution or final consumption.

“Final distribution facility” means a stationary motor-fuel transfer point at which motor fuel or AZRBOB is trans- ferred 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 documen- tation 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.

“Fleet” means at least 25 motor vehicles owned or leased by the same person.

“Fleet vehicle fueling facility” means a facility or loca- tion where a motor fuel is dispensed for final use by a fleet.

“Fuel ethanol” means denatured ethanol that meets the specifications in ASTM D4806, which is incorporated by reference in R20-2-702.

“Gasoline” means a volatile, highly flammable liquid mixture of hydrocarbons that does not contain more than

.05 grams of lead for each United States gallon, is pro- duced, refined, manufactured, blended, distilled, or com- pounded from petroleum, natural gas, oil, shale oils or coal, and other flammable liquids free from undissolved water, sediment, or suspended matter, with or without additives, and is commonly used as a fuel for spark-igni- tion internal-combustion engines. Gasoline does not include diesel fuel or E85.

“Jobber” means a person that distributes a motor fuel from a bulk storage plant to the owner or operator of a UST or AST or purchases a motor fuel from a terminal for distribution to the owner or operator of a UST or AST. “Manufacturer’s proving ground” means a facility used only to develop complete motor vehicles, which are not

currently available on the retail market, for an automotive manufacturer.

“Marketer” means a person engaged in selling or offering for sale motor fuels.

“Motor fuel” means a petroleum or a petroleum based substance that is motor gasoline, aviation gasoline, num- ber one or number two diesel fuel or any grade of oxy- genated gasoline  typically  used in the operation  of a motor engine, including biodiesel blends, biofuel blends and the ethanol blend E85 as defined in ASTM D5798.

A.R.S. § 41-2051

“Motor fuel dispensing site” means a facility or location where a motor fuel is dispensed into commerce for final use.

“Motor fuel property” means any characteristic listed in R20-2-751(A)(1) through (7), R20-2-751(B)(1) through

(7), Table 1, Table 2, or any other motor fuel standard ref- erenced in this Article.

“Motor vehicle” means a vehicle equipped with a spark- ignited or compression-ignition internal combustion engine except:

A vehicle that runs on or is guided by rails, or

A vehicle designed primarily for travel through air or water.

“Motor vehicle racing event” means a competition, including related practice and qualifying and demonstra- tion laps that uses unlicensed motor vehicles designed and manufactured specifically for racing and is conducted on a public or private racecourse for the entertainment of the general public.

“MTBE” means methyl tertiary butyl ether.

“Neat” means  pure  or 100  percent;  not blended  with motor fuel.

“NOx” means oxides of nitrogen.

“Octane,” “octane number,” or “octane rating” mean the anti-knock characteristic of gasoline as determined by the resultant arithmetic test average of ASTM D2699 and ASTM D2700.

“Oxygenate”  means  any  oxygen-containing   ashless, organic compound, including aliphatic alcohols and ali- phatic ethers, that may be used as a fuel or as a gasoline blending component and is approved as a blending agent under the provisions of a waiver issued by the United State environmental protection agency pursuant to 42 United States Code §7545(f). A.R.S. § 41-2121 “Oxygenate blender” means a person that owns, leases, operates, controls, or supervises an oxygenate-blending facility, or that owns or controls the blendstock or gaso- line used, or the gasoline produced, at an oxygenate- blending facility.

“Oxygen content” means the percentage by weight of oxygen contained in a gasoline oxygenate blend as deter- mined under ASTM D4815.

“Petroleum-based renewable diesel” means diesel fuel or fuel additive that meets all of the following:

Is registered as a motor vehicle fuel or fuel additive under 40 CFR 79,

Is not a mono-alkyl ester,

Is intended for use in engines designed to run on die- sel fuel,

Is derived from petroleum and nonpetroleum renew- able resources,

Meets the requirements of ASTM D975, and

Is identified by the letter “R” and a numeric value indicating the volume percentage of the nonpetro- leum renewable resources component in the blend.

“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.

“Pressurant” means a blendstock component of an E85 blend for sale within the CBG-covered area added specif- ically to ensure that the vapor pressure meets ASTM D5798 requirements.

“Producer” means a refiner, blender, or other person that produces a motor fuel, including Arizona CBG or AZR- BOB.

“Production facility” means a facility at which a motor fuel, including Arizona CBG or AZRBOB, is produced. Upon request of a producer, the Director may designate, as part of the producer’s production facility, a physically separate bulk storage facility that:

Is owned or leased by the producer;

Is operated by or at the direction of the producer; and

Is used to store or distribute motor fuels, including Arizona CBG or AZRBOB, that are supplied only from the production facility.

“Product transfer document” means a bill of lading, load- ing ticket, manifest, delivery receipt, invoice, or other paper that is provided by the transferor at the time motor fuel is delivered and evidences that custody or title of the motor fuel is transferred to the transferee. A product transfer document is not required when motor fuel is sold or dispensed at a motor fuel dispensing site or fleet vehi- cle fueling facility.

“Refiner” means a person that owns, leases, operates, controls, or supervises a refinery in the United States, including its trust territories.

“Refinery” means a facility that produces a liquid fuel, including Arizona CBG or AZRBOB, by distilling petro- leum, or a transmix facility that produces a motor fuel offered for sale or sold into commerce as a finished motor fuel.

“Reproducibility” means the testing method margin of error as provided in the ASTM specification or other test- ing method required under this Article.

“Supplier” means a marketer or jobber of a biofuel or bio- fuel blend.

“Supply” means to provide or transfer motor fuel to a physically separate facility, vehicle, or transportation sys- tem.

“Terminal” means an owner or operator of a motor fuel storage tank facility that accepts custody, but not owner- ship, of a motor fuel from a registered supplier, oxygen- ate blender, pipeline, or other terminal and relinquishes custody of the motor fuel to a transporter.

“Test result” means any document that contains a result of testing including all original test measures, all subse- quent test measures that are not identical to the original test measure, and all worksheets on which calculations are performed.

“Transferee” means a person that receives title to or cus- tody of a motor fuel.

“Transferor” means a person that relinquishes title to or custody of a motor fuel to a transporter, marketer, jobber, or motor fuel dispensing site.

“Transmix” means a mixture of petroleum distillate fuel and gasoline that does not meet the Arizona standards for either petroleum distillate fuels or gasoline.

“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.   “Transporter” means a person that causes motor fuels, including Arizona CBG or AZRBOB, to be transported into or within Arizona.

“UST” means underground storage tank.

“Vapor pressure” means dry vapor pressure equivalent of gasoline or blendstock as measured according to ASTM D5191.

“Vehicle emissions control area” has the same meaning as in A.R.S. § 49-541 except that a vehicle emissions con- trol area does not include a manufacturer’s proving ground that is located in the vehicle emissions control area.

“VOC” means volatile organic compound.

Historical Note

Former Section R4-31-204(K) and Section R4-31- 205(A)(1) through (5) renumbered without change as Section R4-31-701 (Supp. 89-1). Amended as R4-31- 204(O) and incorporated into R4-31-701 effective Sep- tember 29, 1989 (Supp. 89-3). Amended effective Octo-

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

A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Emergency amendments adopted again without change effective December 20, 1991, pursuant to A.R.S. § 41- 1026, valid for only 90 days (Supp. 91-4). Emergency amendments adopted again without change effective March 20, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Amended

with changes effective August 17, 1992 (Supp. 92-3). R20-2-701 recodified from R4-31-701 (Supp. 95-1). Amended effective under an exemption from the provi- sions of A.R.S. Title 41, Chapter 6, with an interim effec- tive date of September 12, 1997 (Supp. 97-3). Interim amendment expired and was automatically repealed on the date the permanent rules became effective pursuant to Laws 1997, Ch. 117; Section permanently amended October 1, 1998; filed in the Office of the Secretary of State September 9, 1998 (Supp. 98-3). Amended by final

rulemaking at 5 A.A.R. 4214, effective September 22,

1999 (Supp. 99-3). Amended by final rulemaking at 7

A.A.R. 1025, effective February 9, 2001 (Supp. 01-1). Amended by final rulemaking at 12 A.A.R. 3722, effec- tive September 12, 2006 (Supp. 06-3). Amended by final rulemaking at 17 A.A.R. 190, effective March 12, 2011

(Supp. 11-1).