Ariz. Admin. Code § R3-7-707 - Product Transfer Documentation and Record Retention for Motor Fuel other than Arizona CBG and AZRBOB

A. When a transferor transfers custody or title to a motor fuel that is not Arizona CBG or AZRBOB, and the motor fuel is not sold or dispensed at a motor fuel dispensing site or fleet vehicle fueling facility, the transferor shall provide to the transferee documents that include the following information:

1. The grade of the motor fuel;

2. The volume of each grade of motor fuel being transferred;

3. The date of the transfer;

4. The product transfer document number;

5. For conventional gasoline:

a. The minimum automotive fuel rating of each grade as prescribed by 16 CFR 306 ;

b. A legible and conspicuous statement that the gasoline being transferred contains an oxygenate and lists the type and percentage concentration of the oxygenate by volume; and

c. If transported in or through the CBG-covered area, the statement, "This gasoline is not intended for use inside the CBG-covered area";

6. For conventional gasoline, the type and maximum volume of oxygenate contained in each grade;

7. For conventional gasoline transported in or through the CBG-covered area, the statement, "This gasoline is not intended for use inside the CBG-covered area";

8. 6. If a lead substitute is present in the gasoline, the type of lead substitute present;

9. 7. The following information regarding biofuel or biofuel blends:

a. Ethanol flex fuel shall contain a declaration of the volume percent of ethanol in the blend; or

b. Biodiesel and biomass-based diesel blends containing more than 5% biodiesel or biomass-based diesel shall contain a declaration of the volume percent biodiesel or biomass-based diesel in the blend, as well as the grade of diesel in the blend; and

c. All other biofuel or biofuel blends shall contain the percentage of biofuel in the finished product; and

10. 8. The final destination, as follows:

a. When a terminal is the transferor, the owner or operator of the terminal shall include on the product transfer document the terminal name and address and the transporter name and address;

b. When a transporter is the transferor, the transporter shall include on the product transfer document the name and address of the transporter and the final destination, which is the location at which the motor fuel will be delivered and off loaded from the truck; and

c. When a jobber or marketer is the transferor, the jobber or marketer shall include on the product transfer document the name and address of the jobber or marketer and the final destination, which may be a final distribution facility or a motor fuel dispensing site.

B. To enable a transferor to comply fully with the requirement in subsection (A)(8)(b) and (A)(8)(c), the transferee shall provide to the transferor information regarding the final destination.

C. A registered supplier, oxygenate blender, third-party terminal, or pipeline may use standardized product codes on pipeline tickets as the product transfer documentation.

D. A transferor identified in subsection (A) shall retain product transfer documentation for each delivered shipment for 12 months. For 30 days following the transfer, such documentation shall be kept at the transferor's address listed on the product transfer documentation.

E. A person identified in subsection (A) shall maintain product transfer documentation for a transfer or delivery during the preceding 30 days at that person's address listed on the product transfer documentation.

F. E. An owner or operator of a motor fuel dispensing site or fleet owner shall keep, available for Division review, product transfer documentation for the three most recent deliveries of each grade of motor fuel at the motor fuel dispensing site.

G. The Division shall accept a legible photocopy of a product transfer document instead of the original.

H. F. A person transferring custody or title of Arizona CBG or AZRBOB shall comply with R3-7-757.

G. Upon request by the Division, a person shall present product transfer documents to the Division within two business days. Legible photocopies or electronic copies of the product transfer documents are acceptable.

Notes

Ariz. Admin. Code § R3-7-707

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