Section R20-2-757. Product Transfer Documentation; Records Retention

A.      If a person transfers custody or title to Arizona CBG or AZR- BOB, 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 AZR- BOB;

6.        Minimum octane rating of the Arizona CBG or AZR- BOB;

7.        For oxygenated Arizona CBG designated for sale for use in motor vehicles from November 1 through March 31, the minimum quantity of fuel ethanol contained in the Arizona CBG;

8.        If the product transferred is AZRBOB for which fuel eth- anol blending is intended:

a.         Identification of the fuel as AZRBOB and a state- ment that the “AZRBOB does not comply with the standards for Arizona CBG without the addition of fuel ethanol”;

b.        Designation of the AZRBOB as suitable for blend- ing with fuel ethanol;

c.         Fuel ethanol amount or range of amounts that the AZRBOB requires to meet the fuel properties or per- formance standards claimed by the registered sup- plier of the AZRBOB, and the applicable specifications for volume percent fuel ethanol and weight percent oxygen content; and

d.        Instructions to the transferee that the AZRBOB may not be combined with any other AZRBOB unless the other AZRBOB has the same requirements for fuel ethanol amount or range of amounts; and

9.        The final destination:

a.         When a terminal is the transferor, the owner or oper- ator of the terminal shall include on the product transfer document the terminal name and address, the transporter name and address, and the final desti- nation, which may be a final distribution facility, jobber, marketer, or motor fuel dispensing site;

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 job- ber 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 sup- plier, 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 docu- ments 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 pre- ceding 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 Ari- zona CBG or AZRBOB transferred during the 30 days preced- ing 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.      When a person transfers custody or title of fuel ethanol that is intended for use as a blend component in AZRBOB or Arizona CBG, the person shall provide the transferee a document that prominently states that the fuel ethanol complies with the stan- dards for fuel ethanol intended for use as a blend component in AZRBOB or Arizona CBG.

H.      Upon request by the Director or designee, a person shall pres- ent product transfer documents to the Department within two working days of the request. Legible photocopies of the prod- uct transfer documents are acceptable.

Historical Note

Adopted effective under an exemption from the provi- sions of A.R.S. Title 41, Chapter 6, with an interim effec- tive date of September 12, 1997 (Supp. 97-3). Interim adoption expired and was automatically repealed on the date the permanent rules became effective pursuant to Laws 1997, Ch. 117; Section permanently adopted with changes October 1, 1998; filed in the Office of the Secre- tary of State September 9, 1998 (Supp. 98-3). Amended by final rulemaking at 5 A.A.R. 4214, effective Septem- ber 22, 1999 (Supp. 99-3). Amended by final rulemaking

at 12 A.A.R. 3722, effective September 12, 2006 (Supp.

06-3). Amended by final rulemaking at 17 A.A.R. 190,

effective March 12, 2011 (Supp. 11-1).