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.
a. Remove from use or sale, or
dispose of, a commercial device, commodity, or liquid fuel;
b. Stop selling a commodity or
liquid fuel until the person provides documentation to the Division that the
weight, measure,
fuel quality, or price posting
complies with the requirements of A.R.S. Title 3, Chapter 19, and this
Chapter;
c. Stop using a commercial device,
commodity, liquid fuel, vapor recovery system, or vapor recovery system
component, until the person provides documentation to the Division that the
weight, measure, fuel, vapor recovery system, or component complies with the
requirements of A.R.S. Title 3, Chapter 19, and this Chapter;
d. Stop performing weighmaster,
deputy public weighmaster, registered service agency, or registered service
representative licensed duties until the person provides documentation to the
Division that the person is complying with the requirements of A.R.S. Title 3,
Chapter 19, and this Chapter;
e. Comply with labeling, policies,
and cash register indicator displays according to A.R.S. Title 3, Chapter 19,
and this Chapter;
f. Stop constructing or modifying
a vapor recovery system until the person complies with A.R.S. Title 3, Chapter
19, and this Chapter;
g. Excavate a vapor recovery site
according to
R3-7-104(L) ;
or
h. Comply with scheduling a test
according to
R3-7-104(L) .
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.
7.
9. "CARB" means the California Air Resources
Board.
8.
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.
9. "Certified prover" means a
calibrated device, traceable to the National Institute of Standards and
Technology, used for measuring liquid volume.
10. "Completion of construction"
means the point when a gasoline dispensing site is placed into or returned into
service following installation or modification of an approved vapor recovery
system.
11. "Construction commenced" means
the point in time when construction of a gasoline dispensing site
begins:
a. At a location where there was
not one previously;
b. To replace all gasoline storage
tanks; or
c. To replace, repair, or modify
at least 75% of the facility's gasoline dispensing equipment.
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.
13.
14. "Gasoline vapors"
means volatile organic compounds in a gaseous state.
14.
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.
15.
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.
16.
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.
17. "Malfunction" means any
failure of gasoline vapor recovery equipment to operate in the normal and usual
manner.
18. "Modification" means adding
to, replacing, or upgrading a site's stage II vapor recovery system, but does
not include the repair or replacement of like parts.
19.
18.
"Monthly throughput" means the total amount of gasoline transferred into or
dispensed from a gasoline dispensing site during one calendar month.
20. "Motor vehicle" means any
vehicle equipped with a spark-ignited internal combustion engine, except
vehicles that run on or are guided by rails, and vehicles that are designed
primarily for travel through air or water.
21.
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.
22.
21. "NIST" means the National Institute of Standards
and Technology.
23.
22. "Operator" means a person in control of, or having
responsibility for, the daily operation of a gasoline dispensing
site.
24.
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.
25. "Person" as defined in A.R.S.
§
3-3401, means an owner or operator
of a commercial device or vapor recovery system, retail seller, wholesaler,
registered supplier, pipeline distributor, packer, manufacturer, licensee,
transporter, or consignee.
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.
26.
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.
27.
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.
28. "Product transfer document"
means the bill of lading, loading ticket, manifest, delivery receipt, invoice,
or other customarily used documentation to denote delivery information for
motor fuel.
29.
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.
30.
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.
31.
30.
"Service counter" means a display staffed by a sales associate and requires a
customer to receive assistance in order to purchase a product.
32. "Seizure" means taking into
physical possession, or otherwise securing for evidence, a commodity, liquid
fuel, weight, measure, commercial device, or component of a device by the
Division.
31.
"Stage I vapor recovery system" has the same meaning as in A.R.S. §
3-3511.
33.
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.
34.
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.
35. "Third-party registered
service agency" means a registered service agency that performs work under
contract for any business or company.
36.
34.
"Underground storage tank" means a tank as described in A.R.S. §
49-1001.
37. "Unit" means a quantity
adopted as a standard of measurement.
38.
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.
39.
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.
40.
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.
