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 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 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 blen d 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

cont ent, 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 ga soline, 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 est imated 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 trans fer 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 pr oducer or importer may revise the reported estimated v olume, as long as notification of the revised volume is r eceived 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 tim ely 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 ble nd receiving a designated alternative limit less than an appl icable 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 pr oduction or import facil ity, within 24 hours after the co mpletion 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 execu tive 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 requiremen ts in section (a)(2) and (c) shall be applied to the producer's or importer's parti cular 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 impo rter's agreement to be bound by the terms of the protocol.

(5) Whenever the final blend o f 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 altern ative 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 ble nd. The party shall also additionally report the sulfur content, benzene content, olefin content, aromatic hydrocarbon content, T90, and T50, as applic a-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 for th 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, o ffer 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, o ffered 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 vo lume of the final blend sold, o ffered 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 pr oducer 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 assign ed 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 a lternative 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. I n the case of benzene, olefins, or aromatic hydr ocarbons, 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 T5 0 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 assigne d a designated alternative limit for olefin e xceeding 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 alternati ve 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 i mporter 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 of fset 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 secti ons 2264.2 and 2265(c) with respect to that product. The protocol shall specify how the requir ements in section (a)(2) and (c)(1) will be applied to the producer's or importer's particular operations and the se parate 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 stri ngent or enforceable than application of the express terms of sections (a)(2) and (c). Any such protocol shall include the prod ucer's or importer's agreement to be bound by the terms of the protocol.

(d) Designated alternative limits for PM alternative gas oline formulations. The producer or importer of a final blend of California gasoline that is subject to the PM averaging

comp liance 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 s hall 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 se ction 22 64 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. O range County Air Poll ution 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 Safety13 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 Oi l 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 subse ction (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