13 CA ADC § 2273 Page 1

13 CCR s 2273

Cal. Admin. Code tit. 13 , s 2273

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. BARCLAYS OFFICIAL CALIFORNIA CODE OF

REGULATIONS

TITLE 13. MOTOR VEHICLES

DIVISION 3. AIR RESOURCES BOARD

CHAPTER 5. STANDARDS FOR MOTOR V EHICLE FUELS

ARTICLE 1. STANDARDS FOR GASOLINE

SUBARTICLE 2. STANDARDS FOR GASOLINE

SOLD BEGINNING MARCH 1, 1996

This database is current through 12/26/2003, Register

2003, No. 52.

s 2273. Labeling of Equipment Dispensing Gasoline

Containing MTBE.

(a) MTBE labeling requirement.All devices dispensing

gasoline containing methyl tertiary butyl ether (MTBE) at

filling stations, garages or other outlets where petroleum

products are sold or offered for retail shall be marked with

a conspicuous label at all times the product is offered for

retail sale.

(1) The label shall state that the gasoline being dispensed

"Contains MTBE. The State of California has determined

that the use of this c hemical presents a significant risk to

the environment."

(2) The label shall be contrasting in color to the gasoline

dispensing equipment and have capitalized lettering using

not less than one

- eighth inch high le tters, except that

"MTBE" shall have lettering using not less than five

- eighth

inch high letters with a stroke of not less than one

- eighth in

width and "Contains" shall have lettering using not less

than one

- quarter inch high letters.

(3) The label shall be placed on the gasoline dispensing

equipment's vertical surface, on each side with gallonage and price meters.

(4) The label shall be conspicuous and legible to a cu stomer when viewed from the driver's position inside the

car.

(5) The label shall be capable of withstanding extremes of

weather conditions for at least one year and shall be r esistant to gasoline, oil, grease, solvents, detergents, and

water. Damaged labels that are not legible shall be r eplaced.

(b)Residual levels of MTBE.

(1) The labeling requirements in section 2273(a) do not

apply to equipment dispensing gasoline from a storage

tank containing gasoline having an MTBE content of less

than 0.6 percent by volume, as determined by American

Soc iety of Testing and Materials (ASTM) Test Method D

4815

- 99, which is incorporated herein by reference, or any

other test method determined by the executive officer to

give equivalent results.

(2) The labeling requirements in section 2273(a) do not

apply where the equipment is dispensing gasoline from a

storage tank containing gasoline having an MTBE content

of less than 3.0 percent by volume, as determined by a test

method identified in section 2273(b)(1), and the operator

of the retail outlet demonstrate s that the conditions in e ither section 2273(b)(2)(A), (B), (C) or (D) have occurred.

(A) The gasoline storage tank has been consecutively

drained and refilled to at least 95 percent of capacity with

g asoline containing less than 0.6 volume percent MTBE as

specified in the following table.

The percent of the total gasoline The consecutive number of times the

storage tank capacity that gasoline storage tank must

is emptied prior to refilling be drained and refilled

90% 2

80% 3

70% 3

60% 4

50% 6

40% 8

30% 11

20% 1913 CA ADC § 2273 Page 2

13 CCR s 2273

Cal. Admin. Code tit. 13 , s 2273

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. 10% 60

(B) The gasoline storage tank has been con secutively

drained and refilled to at least 95 percent of capacity with

gasoline containing less than 0.6 volume percent MTBE

according to the following equation.

N =

- (0.222)+ log C O )/log (V L /V T

Where:

N = The number of times the gasoline storage ta nk must

be drained and refilled. If the resultant number is not an

integer, it shall be rounded up to the nearest integer.

C O = The initial concentration, in volume percent, of

MTBE in the gasoline storage tank.

V L = The volume of gasoline (in gallons) left in the gas oline storage tank after each draining.

V T = 95% of the capacity (in gallons) of the gasoline

storage tank.

(C) The following equation has been applied to consec utive drainings and fillings of the gasoline in the storage

tank, and the equation shows an MTBE content of less than

0.6 percent by volume. The initial MTBE concentration

(C O ) of the gasoline in the st orage tank when the equation

is first applied shall be deemed to be 15 volume percent

unless the MTBE content is determined in accordance with

a testing methodology identified in section 2273(b)(1). For

purposes of the equation, [i] the MTBE concentration of

gasoline containing less than 0.6 volume percent MTBE

shall be deemed to be zero, and [ii] the MTBE concentr ation of gasoline delivered with an invoice or other doc umentation stating that the gasoline contains MTBE shall be

deemed to be 15 volume percen t or, if the concentration of

MTBE is stated on the documentation, that stated conce ntration. The executive officer shall make available upon

request a computer program that may be used in applying

the equation.

C = C O (V L

/(V L +V D )) + C D (V D /(V L +V D ))

Where:

C = The final concentration, in volume percent, of MTBE

in the gasoline storage tank after the fuel delivery. C O = The initial concentration, in volume percent, of

MTBE in the gasoline storage tank before t he fuel delivery.

C D = The concentration, in volume percent, of MTBE in

the fuel being delivered to the gasoline storage tank.

V L = The volume of gasoline (in gallons) left in the gas oline storage tank prior to fuel delivery.

V D = The volume of gasol ine (in gallons) delivered to the

gasoline storage tank.

(D) The gasoline has been consecutively drained and

refilled in accordance with an alternative protocol which

the executive officer has previously found in writing pr ovides assurances of MTBE removal equivalent to the

conditions in section 2273(b)(2)(A), (B), and (C).

(c) Responsibility for compliance. The operator of the

retail gasoline outlet shall be responsible for compliance

with the labeling requirem ents in section 2273(a).

(d) Deliveries of gasoline to retail outlets.

(1) Any person delivering gasoline to a retail gasoline

outlet from December 16, 1999 through December 30,

2003 shall provide to the outlet operator or responsible

employee, at the time of delivery of the fuel, an invoice,

bill of lading, shipping paper, or other documentation

which states whether the gasoline does or does not contain

0.6 percent by volume or more MTBE, and which may

identify the volumetric amount of MTBE in the gasoline.

For purposes of determining compliance with this section

2273(d), th e volumetric MTBE content of gasoline shall be

determined by ASTM Test Method D 4815

- 99, which is

incorporated herein by reference, or any other test method

determined by the executive officer to give equivalent

re sults.

(2) No person shall deliver gasoline containing 0.6 percent

by volume or more MTBE to a storage tank at a retail

gasoline outlet unless at the time of the delivery either:

(A) All pumps dispensing gasoline from the storage tank

are labeled as co ntaining MTBE, or13 CA ADC § 2273 Page 3

13 CCR s 2273

Cal. Admin. Code tit. 13 , s 2273

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. (B) The party delivering the gasoline, or on whose behalf

the delivery is being made, can demonstrate that it has

received and is maintaining a nonsuperceded written not ification from the operator of the retail gasoline outlet that

all of the outlet's gasoline dispensing equipment, or all of

the outlet's dispensing equipment dispensing gasoline of

the grade being delivered, is labeled as containing MTBE.

< General Materials (GM)

- References, Annotations, or

Tables > Note: Authority cit ed: Sections 39600, 39601, 43013,

43018 and 43101, Health and Safety Code; andWestern

Oil and Gas Ass'n v. Orange County Air Pollution Control

District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Re ference: Sections 39000, 39001, 39002, 39003, 39010,

39500, 39515, 39516, 41511, 43000, 43016, 43018 and

43101, Health and Safety Code; andWestern Oil and Gas

Ass'n v. Orange County Air Pollution Control District, 14

Cal.3d 411, 121 Cal. Rptr. 249 (1975).

HISTORY

1. New section filed 11

- 16

- 99; operative 12

- 16

- 99 (Register 99, No. 47).

2. Amendment of subsections (b)(1) and (d)(1) filed 8

- 20

- 2001; operative 8

- 20

- 2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).

3. Amendment of subsections (a)(1) and (d)(1) filed 5

- 1

- 2003; operative 5

- 1

-

2003 pursuant to Government Code section 11343.4 (Register 2003, No. 18).

13 CA ADC s 2273

END OF DOCUMENT