Section R20-2-760. Compliance Surveys

A.      A registered supplier that elects to certify that Arizona CBG or AZRBOB meets an averaging standard under R20-2-751 shall ensure that compliance surveys are conducted in accordance with  a   compliance  survey  program   plan  approved  by   the

Director. The Director shall approve a compliance survey pro- gram plan if it:

1.        Consists of at least four VOC and NOx surveys con- ducted at least one per month between May 1 through September 15 of each year, and

2.        Complies with subsection (J).

B.	If a registered supplier fails to ensure that an approved compli-		15 if the NOx emissions reduction percentage average for
	ance survey program is conducted, the Director shall issue an		all compliance survey samples collected during that time
	order  requiring   the  registered   supplier  to  comply  with  all		is less than the Federal Complex Model per-gallon stan-
	applicable fuel property and performance standards on a per-		dard for the NOx emissions reduction percentage in Table
	gallon basis for six months or through the end of the survey		1, column A.
	period identified in subsection (A)(1), whichever is longer.	G.	General requirements for an independent surveyor conducting
	Regardless of when a failure to survey occurs, the Director’s		a compliance survey. A registered supplier may have the com-
	order shall require compliance with per-gallon standards from		pliance surveys required by this Section conducted by an inde-
	the beginning of the survey period during which the failure to		pendent surveyor. The Director shall approve a compliance
	survey occurs.		survey program conducted by an independent surveyor if the
C.	General compliance survey requirements. A registered sup-		compliance survey program:
	plier shall ensure that a compliance survey conforms to the fol-		1.     Is designed and conducted by a surveyor that is indepen-
	lowing:		dent of the registered supplier. To be considered indepen-
	1.     Consists  of   all  samples   that  are  collected   under  an		dent:
	approved survey program plan during any consecutive		a.      The surveyor shall not be an employee of any regis-
	seven days and that are not excluded under subsection		tered supplier,
	(C)(4);		b.     The surveyor shall not have an obligation to or inter-
	2.     Is representative of all Arizona CBG being dispensed in		est in any registered supplier, and
	the CBG-covered area as provided in subsection (G);		c.      The registered supplier shall not have an obligation
	3.     Analyzes each sample included in the compliance survey		to or interest in the surveyor;
	for oxygenate type and content, olefins, sulfur, aromatic		2.     Includes enough samples to ensure that the average levels
	hydrocarbons, E200, E300, and vapor pressure according		of oxygen, vapor pressure, aromatic hydrocarbons, ole-
	to  the   test  methods  in   R20-2-759.  Vapor  pressure  is		fins, T50, T90, and sulfur are determined with a 95 per-
	required to be analyzed only from May 1 through Sep-		cent confidence level, with error of less than 0.1 psi for
	tember 15;		vapor pressure, 0.1 percent for oxygen (by weight), 0.5
	4.     Bases the results of the compliance survey upon an analy-		percent for aromatic hydrocarbons (by volume), 0.5 per-
	sis of each sample collected during the course of the com-		cent for olefins (by volume), 5°F for T50 and T90, and 10
	pliance survey, unless a sample does not comply with the		wppm for sulfur;
	applicable per gallon maximum or minimum fuel prop-		3.     Requires that the surveyor not provide advance notice,
	erty standard being evaluated in addition to any reproduc-		except as provided in subsection (H), of the date or loca-
	ibility that applies to the fuel property standard; and		tion of any survey sampling;
	5.     If a laboratory analyzes the compliance survey samples,		4.     Requires that the surveyor provide a duplicate of any
	the laboratory participates in a correlation program with		sample taken during the survey, with information regard-
	the Director to ensure the validity of analysis results.		ing the name and address of the facility from and the date
D.	If the Director determines that a sample used in a compliance		on which the  sample was taken, upon request of the
	survey does not comply with R20-2-751 or another require-		Director, within 30 days following submission of the sur-
	ment under this Article, the Director shall take enforcement		vey report required under subsection (G)(6);
	action against the registered supplier.		5.     Requires that the surveyor permit a Department official to
E.	A registered supplier shall comply with the following VOC		monitor sample collection, transportation, storage, and
	and NOx compliance survey requirements:		analysis at any time;
	1.     For each compliance survey sample, determine the VOC		6.     Requires the surveyor to submit a report of each survey to
	and NOx emissions reduction percentage based upon the		the Director within 30 days after sampling for the survey
	tested fuel properties for that sample using the methodol-		is completed that includes the following information:
	ogy for calculating VOC and NOx emissions reductions		a.      Name of the person conducting the survey;
	at 40 CFR 80.45, as incorporated by reference in R20-2-		b.     Attestation by an officer of the surveyor that the
	702;		sampling and testing was conducted according to the
	2.     The CBG-covered area fails a VOC compliance survey if		compliance survey program plan and the results are
	the VOC emissions reduction percentage average of all		accurate;
	samples collected during the compliance survey is less		c.      Identification of the registered supplier for whom
	than the per-gallon standard for VOC emissions reduction		the compliance survey was conducted if the compli-
	percentage in Table 1, column A.		ance survey was conducted for only one registered
	3.     The CBG-covered area fails a NOx compliance survey if		supplier;
	the NOx emissions reduction percentage average of all		d.     Identification of the area from which survey samples
	samples collected during the compliance survey is less		were selected;
	than the per-gallon standard for NOx emissions reduction		e.      Dates on which the survey was conducted;
	percentage in Table 1, column A.		f.      Address of each facility at which a sample was col-
F.	A registered supplier shall determine the result of the series of		lected, and the date of collection;
	NOx compliance surveys conducted between May 1 and Sep-		g.     Results of the analysis of samples for oxygenate
	tember 15 as follows:		type and oxygen weight percent, aromatic hydrocar-
	1.     For each compliance survey sample, the NOx emissions		bon, and olefin content, E200, E300, and vapor pres-
	reduction percentage is determined based upon the tested		sure, and the calculated VOC or NOx emissions
	fuel properties for that sample using the methodology for		reduction percentage, as applicable, for each survey
	calculating NOx emissions reduction at 40 CFR 80.45, as		conducted during the period identified in subsection
	incorporated by reference in R20-2-702; and		(A)(1);
	2.     The CBG-covered area fails the NOx series of compli-		h.     Name and address of each laboratory at which sam-
	ance surveys conducted between May 1 and September		ples were analyzed;

i.         Description of the method used to select the facili- ties from which a sample was collected;

j.         Number of samples collected from each facility;

k.        Justification for excluding a collected sample from the survey, if one was excluded; and

l.         Average VOC and NOx emissions reduction per- centage.

H.       An independent surveyor shall begin each survey on a date selected by the Director. The Director shall notify the surveyor of the date selected at least 10 business days before the survey is to begin.

I.         To obtain the Director’s approval of a compliance survey pro- gram plan, the person seeking approval shall:

1.        Submit the plan to the Director no later than January 1 to cover the survey period of May 1 through September 15 of each year, and

2.        Have the plan signed by a corporate officer of the regis- tered supplier or by an officer of the independent sur- veyor.

J.        No later than April 1 of each year, a registered supplier that intends to meet the requirements in subsection (A) by contract- ing with an independent 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 surveyor or to an escrow account with instruc- tions to the escrow agent to release the money to the indepen- dent surveyor as the compliance survey plan is implemented. No later than April 15, the registered supplier shall submit to the Director a copy of the contract with the independent sur- veyor, proof that the money necessary to conduct the compli- ance survey plan has been paid, and, if applicable, a copy of the escrow agreement.

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 7 A.A.R. 1025, effective February 9, 2001 (Supp. 01-

1). 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).