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 VEHICLE 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 chemical 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 letters, 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 customer 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 resistant to gasoline, oil, grease, solvents, detergents, and 

water. Damaged labels that are not legible shall be replaced.

(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 

Society 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 demonstrates that the conditions in either 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 

gasoline 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% 19
13 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 consecutively 

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 CO)/log (VL/VT

Where:

N = The number of times the gasoline storage tank must 

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

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

CO = The initial concentration, in volume percent, of 

MTBE in the gasoline storage tank.

VL = The volume of gasoline (in gallons) left in the gasoline storage tank after each draining.

VT = 95% of the capacity (in gallons) of the gasoline 

storage tank.

(C) The following equation has been applied to consecutive 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 

(CO) of the gasoline in the storage 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 concentration of gasoline delivered with an invoice or other documentation stating that the gasoline contains MTBE shall be 

deemed to be 15 volume percent or, if the concentration of 

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

request a computer program that may be used in applying 

the equation.

C = CO(VL/(VL+VD)) + CD(VD/(VL +VD))

Where:

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

in the gasoline storage tank after the fuel delivery.

CO = The initial concentration, in volume percent, of 

MTBE in the gasoline storage tank before the fuel delivery.

CD = The concentration, in volume percent, of MTBE in 

the fuel being delivered to the gasoline storage tank.

VL = The volume of gasoline (in gallons) left in the gasoline storage tank prior to fuel delivery.

VD = The volume of gasoline (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 provides 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 requirements 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), the 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 

results.

(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 containing MTBE, or
13 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 notification 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 cited: 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). Reference: 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

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