13 CA ADC § 2264 Page 1

13 CCR s 2264

Cal. Admin. Code tit. 13, s 2264

© 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 2264. Designated Alternative Limits.

(a) Assignment of a designated alternative limit.

(1) A producer or importer that has elected to be subject to 

an averaging limit specified in section 2262 may assign a 

designated alternative limit to a final blend of California 

gasoline produced or imported by the producer or importer 

by satisfying the notification requirements in this section 

(a). In no case shall a designated alternative limit be less 

than the sulfur, benzene, olefin or aromatic hydrocarbon 

content, or T90 or T50, of the final blend shown by the 

sample and test conducted pursuant to section 2270, or 

section 2266.5(a), as applicable. If a producer or importer 

intends to assign designated alternative limits for more 

than one gasoline specification to a given quantity of gasoline, the party shall identify the same final blend for all 

designated alternative limits for the gasoline.

(2)(A) The producer or importer shall notify the executive 

officer of the estimated volume (in gallons), the designated 

alternative limit, the blend identity, and the location of 

each final blend receiving a designated alternative limit. 

This notification shall be received by the executive officer 

before the start of physical transfer of the gasoline from the 

production or import facility, and in no case less than 12 

hours before the producer or importer either completes 

physical transfer or commingles the final blend. A producer or importer may revise the reported estimated volume, as long as notification of the revised volume is received by the executive officer no later than 48 hours after 

completion of the physical transfer of the final blend from 

the production or import facility. If notification of the 

revised volume is not timely received by the executive 

officer, the reported estimated volume shall be deemed the 

reported actual volume.

(B) For each final blend receiving a designated alternative 

limit exceeding an applicable averaging limit in section 

2262, the producer or importer shall notify the executive 

officer of the date and time of the start of physical transfer 

from the production or import facility, within 24 hours 

after the start of such physical transfer. For each final blend 

receiving a designated alternative limit less than an applicable averaging limit in section 2262, the producer or 

importer shall notify the executive officer of the date and 

time of the completion of physical transfer from the production or import facility, within 24 hours after the completion of such physical transfer.

(3) If, through no intentional or negligent conduct, a 

producer or importer cannot report within the time period 

specified in (a)(2) above, the producer or importer may 

notify the executive officer of the required data as soon as 

reasonably possible and may provide a written explanation 

of the cause of the delay in reporting. If, based on the 

written explanation and the surrounding circumstances, the 

executive officer determines that the conditions of this 

section (a)(3) have been met, timely notification shall be 

deemed to have occurred.

(4) The executive officer may enter into a written protocol 

with any individual producer or importer for the purposes 

of specifying how the requirements in section (a)(2) and 

(c) shall be applied to the producer's or importer's particular operations, as long as the executive officer reasonably 

determines that application of the regulatory requirements 

under the protocol is not less stringent or enforceable than 

application of the express terms of section (a)(2) and (c). 

Any such protocol shall include the producer's or importer's agreement to be bound by the terms of the protocol.

(5) Whenever the final blend of a producer or importer 

includes volumes of gasoline the party has produced or 

imported and volumes the party has neither produced nor 

imported, the producer's or importer's designated alternative limit shall be assigned and applied only to the volume 

of gasoline the party has produced or imported. In such a 

case, the producer or importer shall report to the executive 

officer in accordance with section (a) both the volume of 

gasoline produced and imported by the party, and the total 

volume of the final blend. The party shall also additionally 

report the sulfur content, benzene content, olefin content, 

aromatic hydrocarbon content, T90, and T50, as applica-
13 CA ADC § 2264 Page 2

13 CCR s 2264

Cal. Admin. Code tit. 13, s 2264

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

ble, of the portion of the final blend neither produced nor 

imported by the party, determined as set forth in section 

2270(b), or section 2266.5(a)(2), as applicable.

(b) Additional prohibitions regarding gasoline to which a 

designated alternative limit has been assigned.

(1) No producer or importer shall sell, offer for sale, or 

supply California gasoline in a final blend to which the 

producer or importer has assigned a designated alternative 

limit exceeding an applicable averaging limit in section 

2262, where the total volume of the final blend sold, offered for sale, or supplied exceeds the volume reported to 

the executive officer pursuant to section (a).

(2) No producer or importer shall sell, offer for sale or 

supply California gasoline in a final blend to which the 

producer or importer has assigned a designated alternative 

limit less than an applicable averaging limit in section 

2262, where the total volume of the final blend sold, offered for sale, or supplied is less than the volume reported 

to the executive officer pursuant to section (a).

(c) Offsetting exceedances of an applicable averaging 

limit.

(1) With respect to each property for which a producer or 

importer has elected to be subject to the averaging limit in 

section 2262, within 90 days before or after the start of 

physical transfer from a production or import facility of 

any final blend of California gasoline to which a producer 

has assigned a designated alternative limit for the property 

exceeding the applicable averaging limit in section 2262, 

the producer or importer shall complete physical transfer 

from the same production or import facility of California 

gasoline in sufficient quantity and with a designated alternative limit sufficiently below the applicable averaging 

limit in section 2262 to fully offset the extent to which the 

gasoline exceeded the applicable averaging limit in section 

2262. In the case of benzene, olefins, or aromatic hydrocarbons, the total volume of benzene, olefins, or aromatic 

hydrocarbons in excess of the averaging limit must be 

offset within the specified time period; the total mass of 

sulfur and the degree gallons of T50 and T90 in excess of 

the averaging limit must be similarly offset.

For example, within 90 days before or after the start of 

physical transfer from a production or import facility of 

any final blend of California gasoline to which a producer 

has assigned a designated alternative limit for olefin exceeding 4.0 percent by volume, the producer or importer 

shall complete physical transfer from the same production 

or import facility of California gasoline in sufficient 

quantity and with a designated alternative limit sufficiently 

below 4.0 percent by volume to offset the volume of the 

olefins in excess of a limit of 4.0 percent by volume.

(2) A producer or importer may enter into a protocol with 

the Executive Officer under which the producer or importer is allowed to have up to six separate averaging banks 

at a single production or import facility, applicable to 

operationally distinct products (e.g. different grades of 

gasoline or oxygenated and nonoxygenated). The offset 

requirements will apply independently for each separate 

averaging bank. Once averaging is selected for a particular 

product, the compliance scheme for that product may only 

be changed if the change meets the applicable criteria and 

conditions in sections 2264.2 and 2265(c) with respect to 

that product. The protocol shall specify how the requirements in section (a)(2) and (c)(1) will be applied to the 

producer's or importer's particular operations and the separate averaging banks. In order to enter into the protocol, 

the Executive Officer must determine that application of 

the requirements under the protocol will not be less stringent or enforceable than application of the express terms of 

sections (a)(2) and (c). Any such protocol shall include the 

producer's or importer's agreement to be bound by the 

terms of the protocol.

(d) Designated alternative limits for PM alternative gasoline formulations. The producer or importer of a final blend 

of California gasoline that is subject to the PM averaging 

compliance option for one or more properties may assign a 

designated alternative limit to the final blend by satisfying 

the notification requirements of section 2264(a). The 

producer or importer of such a final blend shall be subject 

to all of the provisions of this section 2264, except that, 

with respect to that final blend, the PM averaging limit (if 

any) for for each property subject to the PM averaging 

compliance option shall replace any reference in this section 2264 to the averaging limit specified in section 2262.

<General Materials (GM) - References, Annotations, or 

Tables>

Note: Authority cited: Sections 39600, 39601, 43013, 

43013.1, 43018 and 43101, Health and Safety Code; and 

Western 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, 43013, 

43013.1, 43016, 43018 and 43101, Health and Safety 
13 CA ADC § 2264 Page 3

13 CCR s 2264

Cal. Admin. Code tit. 13, s 2264

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

Code; and Western 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 11-16-92; operative 12-16-92 (Register 92, No. 47).

2. Amendment of subsections (a)(1)-(5), (b)(1)-(2), and (h) and new subsection 

(i) filed 6-2-95; operative 7-3-95 (Register 95, No. 22).

3. Amendment of subsections (a)(1) and (a)(4)-(5) and new subsection (j) filed

2-28-96; operative 2-28-96 pursuant to Government Code section

11343.4(d) (Register 96, No. 9).

4. Editorial correction of subsection (j) (Register 97, No. 17).

5. Change without regulatory effect providing correct placement of subsection 

(j) filed 4-24-97 pursuant to section 100, title 1, California Code of

Regulations (Register 97, No. 17).

6. Amendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register

2000, No. 31).

7. Amendment of subsection (a)(4), redesignation and amendment of former

subsection (c) as new subsection (c)(1) and new subsection (c)(2) filed 8-20-

2001; operative 8-20-2001 pursuant to Government Code section 11343.4 

(Register 2001, No. 34).

13 CA ADC s 2264

END OF DOCUMENT