A.
Registration and reporting requirements for biofuel
blenders, biofuel producers, and biofuel suppliers of biofuel or biofuel blends
in Arizona.
1. Registration
requirement.
a. A biofuel producer, biofuel
supplier, or biofuel blender shall register with the associate director, using
a form prescribed by the associate director, before producing or supplying
biofuel or biofuel blend in Arizona.
b. A person required to register
under subsection (A)(1)(a) shall notify the associate director within 10 days
after the effective date of a change in any of the information provided under
subsection (A)(1)(a).
c. If a biofuel producer, biofuel
supplier, or biofuel blender fails to register under subsection (A)(1)(a), the
associate director shall take action as allowed under A.R.S. §
3-3475 and
R3-7-762 .
d. The Division shall maintain and
make available to the public a list of all persons registered under this
Section.
2. Reporting
requirement.
a. A person required to register
under subsection (A)(1)(a) shall report to the Division by January 30th of each
year for the previous calendar year. The person shall:
i. Report on a form or in a format
prescribed by the associate director;
ii. Provide the total amount of
biofuel or biofuel blend produced or supplied for the previous calendar year,
including the total amount of each blend component;
iii. Attest to the truthfulness
and accuracy of the information submitted; and
iv. Ensure that the report form is
signed or submitted electronically by a corporate officer, or the officer's
designee, responsible for operations at the facility at or from which the
biofuel or biofuel blend was produced or supplied.
b. The Division shall classify the
information submitted under subsection (A)(2)(a) as confidential and protected
under A.R.S. §
44-1374 if the person that submits
the information expressly designates the information as
confidential.
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.
Ethanol flex fuel sold or offered for sale within
the CBG-covered area shall:
1. Use fuel ethanol that meets the
standards in this Chapter, and
2. Have a maximum vapor pressure
that does not exceed the maximum vapor pressure requirements in
R3-7-751(A)(6) .
D.
Requirements for motor fuel dispensing sites. The
owner or operator of a motor fuel dispensing site at which ethanol flex fuel is
dispensed shall ensure that any ethanol flex fuel, biodiesel or biodiesel blend
sold, offered or exposed for sale, or dispensed was received from and traceable
to a person registered with the Division under subsection (A)(1) and the
Environmental Protection Agency under
40 CFR
80, subparts K or M.
E.
C. Exemptions
1. A biofuel producer, biofuel
supplier, or biofuel blender located outside of Arizona and supplying biofuel
to a registered biofuel producer, biofuel supplier, or biofuel blender located
within Arizona is not required to register under subsection
(A)(1)(a);
2.
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.
3.
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.
4.
3.
Gasoline containing up to 15% ethanol is exempt from this
section.
