13 CA ADC § 2261 Page 1

13 CCR s 2261

Cal. Admin. Code tit. 13, s 2261

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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 2261. Applicability of Standards; Additional Standards.

(a)Applicability of the CaRFG Phase 2 Standards.

(1)(A) Unless otherwise specifically provided, the CaRFG 

Phase 2 cap limit standards set forth in section 2262, and 

the CaRFG Phase 2 cap limit compliance requirements in 

sections 2262.3(a), 2262.4(a), and 2262.5(a) and (b), shall 

apply:

1. starting April 15, 1996 to all sales, supplies, offers or 

movements of California gasoline except for transactions 

directly involving:

a. the fueling of motor vehicles at a retail outlet or bulk 

purchaser-consumer facility, or

b. the delivery of gasoline from a bulk plant to a retail 

outlet or bulk purchaser-consumer facility, and

2. starting June 1, 1996 to all sales, supplies, offers or 

movements of California gasoline, including transactions 

directly involving the fueling of motor vehicles at a retail 

outlet or bulk purchaser-consumer facility.

(B) The remaining CaRFG Phase 2 standards and requirements contained in this subarticle shall apply to all 

sales, supplies, or offers of California gasoline occurring 

on or after March 1, 1996.

(2) The CaRFG Phase 2 cap limit standards in section 

2262 shall not apply to transactions directly involving the 

fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, where the person selling, offering, or supplying the gasoline demonstrates as an affirmative defense that the exceedance of the pertinent standard 

was caused by gasoline delivered to the retail outlet or bulk 

purchaser-consumer facility prior to April 15, 1996, or 

delivered to the retail outlet or bulk purchaser-consumer 

facility directly from a bulk plant prior to June 1, 1996.

(b)Applicability of the CaRFG Phase 3 Standards.

(1)(A) Unless otherwise specifically provided, the CaRFG 

Phase 3 cap limit standards set forth in section 2262, and 

the CaRFG Phase 3 cap limit compliance requirements in 

2262.3(a), 2262.4(a), and 2262.5(a) and (b), shall apply 

starting December 31, 2003. The CaRFG Phase 3 benzene 

and sulfur content cap limit standards in section 2262, and 

the CaRFG Phase 3 benzene and sulfur content cap limit 

compliance requirements in 2262.3(a), shall apply:

1. starting December 31, 2003 (for the benzene content 

cap limit and the 60 parts per million sulfur content cap 

limit) and December 31, 2005 (for the 30 parts per million 

sulfur content cap limit), to all sales, supplies or offers of 

California gasoline from the production facility or import 

facility at which it was produced or imported.

2. starting February 14, 2004 (for the benzene content cap 

limit and the 60 parts per million sulfur content cap limit) 

and February 14, 2006 (for the 30 parts per million sulfur 

content cap limit) to all sales, supplies, offers or movements of California gasoline except for transactions directly involving:

a. the fueling of motor vehicles at a retail outlet or bulk 

purchaser-consumer facility, or

b. the delivery of gasoline from a bulk plant to a retail 

outlet or bulk purchaser-consumer facility, and

3. starting March 31, 2004 (for the benzene content cap 

limit and the 60 parts per million sulfur content cap limit) 

and March 31, 2006 (for the 30 parts per million sulfur 

content cap limit) to all sales, supplies, offers or movements of California gasoline, including transactions directly involving the fueling of motor vehicles at a retail 

outlet or bulk purchaser-consumer facility.

(B) The remaining CaRFG Phase 3 standards and compliance requirements contained in this subarticle shall 
13 CA ADC § 2261 Page 2

13 CCR s 2261

Cal. Admin. Code tit. 13, s 2261

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

apply to all sales, supplies, or offers of California gasoline 

occurring on or after December 31, 2003.

(2) The CaRFG Phase 3 benzene and sulfur content cap 

limit standards in section 2262 shall not apply to transactions directly involving the fueling of motor vehicles at a 

retail outlet or bulk purchaser-consumer facility, where the 

person selling, offering, or supplying the gasoline demonstrates as an affirmative defense that the exceedance of the 

pertinent standard was caused by gasoline delivered to the 

retail outlet or bulk purchaser-consumer facility prior to 

February 14, 2004 (for the benzene content limit and the 60 

parts per million sulfur content limit) or February 14, 2006 

(for the 30 parts per million sulfur content limit) or delivered to the retail outlet or bulk purchaser-consumer facility directly from a bulk plant prior to March 31, 2004 

(for the benzene content limit and the 60 parts per million 

sulfur content limit) or March 31, 2006 (for the 30 parts per 

million sulfur content limit).

(3)Early Compliance with the CaRFG Phase 3 Standards 

Before December 31, 2003.

(A) Any producer or importer wishing to supply from its 

production or import facility, before December 31, 2003, 

any final blends of gasoline subject to the CaRFG Phase 3 

standards instead of the CaRFG Phase 2 standards may 

notify the executive officer of its wish to do so. The notification shall include all of the following:

1. The approximate date by which it intends to begin 

supplying from its production or import facility gasoline 

complying with the CaRFG Phase 3 standards if permitted 

to do so;

2. A reasonably detailed demonstration of the producer's 

or importer's ability and plans to begin supplying from its 

production or import facility substantial quantities of one 

or more grades of gasoline meeting the CaRFG Phase 3 

standards on or after the date specified;

(B)1. Within 15 days of receipt of a request under section 

2261(b)(3)(A), the executive officer shall notify the producer or importer making the request either that the request 

is complete, or specifying what additional information is 

necessary to make the request complete.

2. Within 15 days of notifying the producer or importer 

that the request is complete, the executive officer shall 

either grant or deny the request. If the request is granted the 

executive officer shall specify the date on which producers 

and importers may start to supply from their production or 

import facilities final blends that comply with the CaRFG 

Phase 3 standards. The executive officer shall grant the 

request if he or she determines it is reasonably likely that 

the producer or importer making the request will start 

supplying substantial quantities of one or more grades of 

gasoline complying with the CaRFG Phase 3 standards 

reasonably soon after the date specified. If the executive 

officer denies the request, he or she shall provide the 

producer or importer with a written statement explaining 

the reason for denial.

3. Upon granting a request made under section 

2261(b(3)(A), the executive officer shall notify interested 

parties of the date on which (i) producers and importers 

will be permitted to start supplying final blends of gasoline 

complying with the CaRFG Phase 3 standards, and (ii) the 

CaRFG Phase 2 cap limits for RVP and aromatics will 

become 7.20 psi and 35.0 volume percent respectively for 

gasoline downstream of the production or import facility. 

This notification shall be made by posting the pertinent 

information on the state board's Internet site, providing 

electronic mail notification to all persons subscribing to the 

state board's Fuels-General Internet electronic mail list, 

and mailing notice to all persons registered as motor vehicle fuel distributors under Health and Safety Code section 43026.

4. With respect to all final blends supplied from a production or import facility from the day specified by the 

executive officer in granting a request made under section 

2261(b)(3)(A) through December 30, 2003, any producer 

or importer may comply with the CaRFG Phase 3 standards that apply starting December 31, 2003 as an alternative to the CaRFG Phase 2 standards. Whenever a producer or importer is supplying a final blend subject to the 

CaRFG Phase 3 standards pursuant to this section 

2261(b)(3)(B)4., any notification required by sections 

2264.2 or 2265(a) shall indicate that the final blend is 

subject to the CaRFG Phase 3 standards. When it is sold or 

supplied from the production or import facility, no such 

final blend may contain MTBE in concentrations greater 

than 0.60 volume percent, or contain a total of more than 

0.10 weight percent oxygen collectively from all of the 

oxygenates identified in section 2262.6(c)(4) that have not 

received a determination by the California Environmental 

Council as described in section 2262.6(c)(1).

(c) California gasoline sold or supplied on or after March 

1, 1996, is also subject to section 2253.4 (Lead/Phosphorus 
13 CA ADC § 2261 Page 3

13 CCR s 2261

Cal. Admin. Code tit. 13, s 2261

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

in Gasoline), section 2254 (Manganese Additive Content), 

and section 2257 (Required Additives in Gasoline). California gasoline that is supplied from a small refiner's California refinery prior to March 1, 1998, and that qualifies 

for treatment under section 2272(a), shall also be subject to 

section 2250 (Degree of Unsaturation of Gasoline) and 

section 2252 (Sulfur Content of Gasoline).

(d) The standards contained in this subarticle shall not 

apply to a sale, offer for sale, or supply of California gasoline to a refiner if: (1) the refiner further processes the 

gasoline at the refiner's refinery prior to any subsequent 

sale, offer for sale, or supply of the gasoline, and (2) in the 

case of standards applicable only to producers or importers, the refiner to whom the gasoline is sold or supplied is 

the producer of the gasoline pursuant to section 

2260(a)(26)(B).

(e) The prohibitions in sections 2262.3(b) and (c), 

2262.4(b), and 2262.5(c) shall not apply to gasoline which 

a producer or importer demonstrates was neither produced 

nor imported by the producer or importer.

(f) This subarticle 2, section 2253.4 (Lead/Phosphorus in 

Gasoline), section 2254 (Manganese Additive Content), 

and section 2257 (Required Additives in Gasoline) shall 

not apply to gasoline where the person selling, offering or 

supplying the gasoline demonstrates as an affirmative 

defense that the person has taken reasonably prudent precautions to assure that the gasoline is used only in racing 

vehicles.

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

Tables>

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

43013.1, 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, 

43013, 43013.1, 43016, 43018, 43101 and 43830.8, 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 11-16-92; operative 12-16-92 (Register 92, No. 47). For

prior history, see Register 92, No. 4.

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

3. Amendment of subsection (b) and new subsection (e) filed 9-21-98; operative

9-21-98 pursuant to Government Code section 11343.4(d) (Register 98, No.

39).

4. Amendment of section and Notefiled 8-3-2000; operative 9-2-2000 (Register

2000, No. 31).

5. Amendment of subsection (f) filed 8-20-2001; operative 8-20-2001 pursuant

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

6. Amendment filed 12-24-2002; operative 12-24-2002 pursuant to Government

Code section 11343.4 (Register 2002, No. 52).

7. Amendment of subsection (b)(3)(B)4. filed 5-1-2003; operative 5-1-2003

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

13 CA ADC s 2261

END OF DOCUMENT
13 CA ADC § 2261 Page 4

13 CCR s 2261

Cal. Admin. Code tit. 13, s 2261

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