13 CA ADC § 2261 Page 1

13 CCR s 2261

Cal. Admin. Code tit. 13 , s 2261

© 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 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 c ompliance 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

d irectly 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 s ales, 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 r equirements contain ed 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 mo tor vehicles at a retail outlet or bulk pu rchaser

- consumer facility, where the person selling, offe ring, or supplying the gasoline demonstrates as an affirm ative 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 P hase 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 cont ent 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 ca p 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 c ontent cap limit) and February 14, 2006 (for the 30 parts per million sulfur content cap limit) to all sales, supplies, offers or mov ements of California gasoline except for transactions d irectly involving:

a. th e 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

lim it 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 mov ements of California gasoline, including transactions d irectly involving the fueling o f motor vehicles at a retail outlet or bulk purchaser

- consumer facility.

(B) The remaining CaRFG Phase 3 standards and co mpliance requirements contained in this subarticle shall13 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 transa ctions 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 demo nstrates 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 del ivered to the retail outlet or bulk purchaser

- con sumer 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 not ification 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 o f 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 pr oducer 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 re quest 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) produce rs 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 do wnstream 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 Int ernet electronic mail list, and mailing notice to all persons registered as motor v ehicle fuel distributors under Health and Safety Code se ction 43026.

4. With respect to all final blends supplied from a pr oduction or import facility from the day specifi ed 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 sta ndards that apply starting December 31, 2003 as an alte rnative to the CaRFG Phase 2 standards. Whenever a pr oducer 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 i ndicate 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 o r supplied on or after March 1, 1996, is also subject to section 2253.4 (Lead/Phosphorus13 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). Cal ifornia gasoline that is supplied from a small refiner's Ca lifornia 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 ga soline 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, a nd (2) in the

case of standards applicable only to producers or impo rters, 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 prohibit ions 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

Ga soline), 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 pr ecautions to assure that the gasoline is used only in racing

vehicles.

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Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Co de; 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. Am endment 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 DOCUMENT13 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.