Ariz. Admin. Code § 3-7-718

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

Section R3-7-718 - Additional Requirements for Production, Transport, Distribution, and Sale of Biofuels and Biofuel Blends

A. Biofuel blenders, biofuel producers, and biofuel suppliers of biofuels or biofuel blends in Arizona shall meet the following requirements:

1. Register with the Environmental Protection Agency under 40 CFR 80.1450 or 40 CFR 1090, subpart I, as they existed on December 4, 2020.

2. Upon request by the associate director, report the total volume of biofuel or biofuel blends produced or supplied for the previous calendar year, including the total volume of each blend component. The report shall be provided to the Division within 15 days of the request. Any information reported to the Division shall remain confidential under A.R.S. § 44-1374.

B. Quality Assurance and Quality Control ("QA/QC") program requirements.

1. A biofuel producer or biofuel blender shall implement a QA/QC program to ensure the quality of a biofuel or biofuel blend produced in or supplied in or into Arizona;

2. The QA/QC program implemented by a biofuel producer shall include the following minimum requirements:

a. A sampling and testing program to certify that the biofuel meets applicable ASTM requirements that apply to the biofuel produced. All samples shall be collected in accordance with ASTM sampling methods following The addition of any applicable blend components. The plan shall include a policy for sample retention;

b. A Certificate of Analysis with a unique identification number generated for each batch produced and indicated on the product transfer document;

c. The Certificate of Analysis required under subsection (B)(2)(b) and any other supporting sampling and testing documentation required under this Section is made available to the Division within 24 hours of a request; and

d. Any storage tank containing biofuel that is inactive for more than 30 days is resampled and analyzed to verify the fuel meets ASTM standards.

3. The QA/QC program implemented by a biofuel blender shall include the following minimum requirements:

a. Retention of:

i. Documentation that demonstrates the applicable biofuel blend components were received from a facility registered with the EPA under 40 CFR 80.1450 or 40 CFR 1090, subpart I;

ii. Certificates of Analysis for the biofuel used as a blend component in the blending process; and

iii. Documentation such as a product transfer document that demonstrates the diesel fuel used in the blending process meets the requirements of ASTM D975;

b. For biodiesel blending, all diesel fuel used as a blend component is analyzed to verify the biodiesel content before blending if the initial volume percent of biodiesel content in the diesel fuel component is unknown; alternatively, for biodiesel blends blended at a motor fuel dispensing site, the biofuel blender may assume the diesel contains 5% biodiesel and prepare and maintain calculations demonstrating the biodiesel content of the final biodiesel blend if it is advertised to consumers as a biodiesel blend containing more than 5 and no more than 20 volume percent biodiesel and the calculations demonstrate the biodiesel blend will be compliant with the biodiesel content advertised;

c. Any storage tank containing biofuel that is inactive for more than 30 days is resampled and analyzed to verify the fuel meets ASTM standards; and

d. All biodiesel used as a blend component in biodiesel blends consists of at least 99% biodiesel unless approved by the Division.

4. All records required under this subsection are maintained either onsite or at an offsite location for at least five years and made available to the Division upon request.

5. In the event the Division identifies biofuel or biofuel blends that do not meet ASTM standards, the producer or biofuel blender shall evaluate the QA/QC program and make any additional changes that may be required to bring the fuel into compliance.

C. Exemptions

1. A producer, supplier, or blender of diesel fuel containing 5% by volume or less biodiesel is exempt from this Section if the following conditions are met:

a. The diesel fuel meets the standards of ASTM D975; and

b. If the initial volume percent of biodiesel content is unknown, the person blending the biodiesel into diesel fuel analyzes the diesel fuel to verify the initial biodiesel content and ensure the resulting blend meets the requirements in ASTM D975.

2. A biofuel producer, biofuel supplier, or biofuel blender who produces, supplies, or blends diesel fuel blended with a biomassbased diesel where the resulting fuel meets the requirements in ASTM D975 is exempt from this section.

3. Gasoline containing up to 15% ethanol is exempt from this section.

Ariz. Admin. Code § R3-7-718

Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.