Section R20-2-904. Application Requirements and Process for Authority to Construct Plan Approval

A.      A person shall not begin to construct a site requiring a vapor recovery system or to make a major modification of an exist- ing vapor recovery system or component before obtaining approval of an authority to construct plan application. A major modification is:

1.        Adding or replacing a gasoline storage tank that is equipped with  a Department  approved  stage II  vapor recovery system;

2.        Adding or replacing underground piping, vapor piping within a dispenser, or a dispenser at an existing vapor recovery site unless the dispenser replacement is neces- sary due to unforeseen damage to the existing dispenser; or

3.        Replacing a Department-approved stage II vapor recov- ery system of one certified configuration with an approved stage II vapor recovery system of a different certified configuration.

B.       A person shall file with the Department a written change order to an authority to construct plan approval on a form provided by the Department if a modification of the approved vapor

recovery system or component is needed after the Department issues an authority to construct plan approval. The person shall not make any modification until the Department approves the change order.

C.      To obtain an authority to construct plan approval, a person shall submit to the Department, on a form provided by the Department, the following:

1.        The name, address, and phone number of any owner, operator, and proposed contractor, if known;

2.        The name of the stage I or stage II vapor recovery system or component to be installed along with the CARB certi- fication for that system or component;

3.        The street address of the site where construction or major modification will take place with an estimated timetable for construction or modification;

4.        A copy of a blueprint or scaled site plan for the vapor recovery system or component including all equipment and piping detail; and

5.        The application fee specified under R20-2-906.

D.      After review and approval of the authority to construct plan, the Department shall issue the  authority to  construct plan approval and mail the plan approval to the address indicated on the application.

1.        A copy of the authority to construct plan approval shall be maintained at the facility during construction so that it is accessible for Department review.

2.        Construction of a stage II vapor recovery system or com- ponent at a site not having an approved authority to con- struct plan, shall be stopped and no further installation work done until an authority to construct plan approval is obtained.

3.        An authority to construct plan approval is not transfer- able.

E.       The Department shall deny an authority to construct plan for any of the following reasons:

1.        Providing incomplete, false, or misleading information; or

2.        Failing to meet the requirements stated in this Chapter.

F.       If excavation is involved, the Department may visually inspect the stage II underground piping of a gasoline dispensing site before the pipeline is buried, for compliance with the authority to construct plan approval. A person who owns or operates a vapor recovery system or component shall give the Depart- ment notice by fax or e-mail at least two business days before the underground piping is complete. The Department shall 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.

G.      After construction is complete, a person who has a valid authority to construct plan approval may dispense gasoline for up to 90 days before final approval, if an initial inspection is scheduled according to R20-2-905.

H.      An authority to construct plan approval expires one year from the date of issue or the completion of construction, whichever is sooner.

Historical Note

Emergency rule adopted effective November 23, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-4). Emergency rule adopted again effective February 22, 1993 (Supp. 93-1). Emergency expired. Emergency rule adopted again effective June 1, 1993 (Supp. 93-1). Permanent rule adopted effective August 31, 1993 (Supp. 93-3). R20-2-904 recodified from R4- 31-904 (Supp. 95-1). R20-2-904 renumbered to R20-2- 903; new Section R20-2-904 renumbered from R20-2- 905 and amended effective October 8, 1998 (Supp. 98-4).

Amended by final rulemaking at 10 A.A.R. 1690, effec- tive June 5, 2004 (Supp. 04-2). Amended by final

rulemaking at 21 A.A.R. 1693, effective October 3, 2015

(Supp. 15-3).