Ariz. Admin. Code § 3-7-101

Current through Register Vol. 30, No. 50, December 13, 2024

Section 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.

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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.

Ariz. Admin. Code § R3-7-101

Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.