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 12/26/08, Register

2008, No. 52

§ 2264.2. Election of Applicable Limit for Gasoline

Supplied From a Production or Import Facility.

(a) Election of the averaging compliance option.

(1) A producer or importer selling or supplying a final

blend of gasoline from its production or import facility

may elect pursuant to this section 2264.2(a) to have the

final blend subject to the averaging compliance option

for one or more of the following properties: sulfur, benzene, olefins, aromatic hydrocarbons, T90 or T50. Once

a producer or importer has made such an election for a

gasoline property, all final blends subsequently sold or

supplied from the production or import facility shall be

subject to the averaging compliance option for that

property until the producer or importer either (A) elects

in accordance with section 2264.2(b) to have a final

blend at the facility subject to the flat limit compliance

option for that property, or (B) elects in accordance

with section 2265(a) to sell or supply a final blend at

the facility as a PM alternative gasoline formulation, or

(C) elects in accordance with section 2266(c) to sell or

supply a final blend at the facility as an alternative gasoline formulation.

(2) In order to elect to have a final blend subject to the

averaging option for a gasoline property, the producer

or importer shall notify the executive officer of such

election and of the information identified in section

2264(a)(2)(A), within the time limits set forth in section

2264(a)(2)(A) and subject to section 2264(a)(3) and (4).

(3) A producer or importer may not elect to sell, offer,

or supply from its production facility or import facility

a final blend of California gasoline subject to the averaging compliance option in section 2264 if the producer

or importer is subject to any outstanding requirements

to provide PM emissions offsets pursuant to section

2265.1(c) or emission reductions pursuant to section

2265.5 at the same production facility or import facility.

(b) Election of flat limit compliance option.

(1) A producer or importer selling or supplying a final

blend of gasoline from its production or import facility

may elect to have the final blend subject to the flat limit

compliance option in accordance with this section

2264.2(b). No such election may be made if there are

outstanding requirements to provide offsets for the gasoline property at the facility pursuant to section

2264(c).

(2) In order to elect to have a final blend subject to the

flat limit compliance option for a gasoline property, the

producer or importer shall notify the executive officer

of such election and of the blend identity and the location of the final blend, within the time limits set forth in

section 2264(a)(2)(A) and subject to section 2264(a)(3)

and (4).

(3) Once a producer or importer has made an election

under this section 2264.2(b) with respect to a gasoline

property, all final blends subsequently sold or supplied

from the production or import facility shall be subject to

the flat limit compliance option for that property until

the producer or importer either (A) elects in accordance

with section 2264.2(a) to have a final blend at the facility subject to the averaging compliance option for that

property, or (B) elects in accordance with section

2265(a) to sell or supply a final blend at the facility as a

PM alternative gasoline formulation, or (C) elects in accordance with section 2264.2(d) to sell or supply a final

blend at the facility as a PM emissions offsetting formulation (applicable only to producers and importers that

produce gasoline), or (D) elects in accordance with section 2265.5 to have a final blend at the facility subject

13 CA ADC § 2264.2 Page 1

13 CCR § 2264.2

Cal. Admin. Code tit. 13, § 2264.2

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
to a PM alternate emissions reduction plan (applicable

only to producers and importers that produce gasoline),

or (E) elects in accordance with section 2266(c) to sell

or supply a final blend at the facility as an alternative

gasoline formulation.

(4) Once a producer or importer has made an election

under this section 2264.2(b) with respect to a gasoline

property of a final blend at a production or import facility, the producer or importer may not use any previously

assigned designated alternative limit for that property to

provide offsets pursuant to section 2264(c) for any final

blend sold or supplied from the production or import facility subsequently to the election.

(5) A producer or importer may not elect to sell, offer,

or supply from its production facility or import facility

a final blend of California gasoline subject to the flat

limit compliance option if the producer or importer is

subject to any outstanding requirements to provide PM

emissions offsets pursuant to section 2265.1(c) or emission reductions pursuant to section 2265.5 at the same

production facility or import facility.

(c) Inapplicability to elections for PM alternative gasoline formulations.

Any election for a final blend to be subject to a PM averaging compliance option or a PM flat limit compliance option shall be made in accordance with section

2265 rather than this section 2264.2.

(d) Election of the PM emissions offsetting compliance

option.

(1) Applicability. A producer or importer that produces

gasoline and is selling, offering, or supplying a final

blend of gasoline from its production facility or import

facility may elect pursuant to this section 2264.2(d) to

have the final blend subject to the PM emissions offsetting compliance option when all of the following conditions are satisfied:

(A) With regard to a batch of gasoline that does not

meet the criteria for approval in the applicable Predictive Model Procedures, immediately prior to producing

that batch, the producer or importer has reported its gasoline as a PM alternative gasoline formulation pursuant

to section 2265(a),

(B) The actual sulfur content in the PM alternative

gasoline formulation exceeds the PM alternative specification,

(C) But for the elevated sulfur content, the PM alternative specifications would have met the criteria for approval in the applicable Predictive Model Procedures,

(D) The gasoline reported as a PM alternative gasoline formulation has a percent change in emissions value

either for oxides of nitrogen, total ozone forming potential, or potency-weighted toxics that results in a final

blend deficit, and

(E) The producer or importer is not subject to any

outstanding requirements to provide offsets at the same

production facility or import facility pursuant to section

2264(c).

(2) Once a producer or importer has made such an election for a final blend of gasoline, all final blends subsequently sold or supplied from the production facility

or import facility, whether associated with a final blend

deficit or a final blend credit, shall be subject to the PM

emissions offsetting compliance option until the producer or importer either (A) elects in accordance with section 2264.2(a) to have a final blend at the facility subject to the averaging compliance option, or (B) elects in

accordance with section 2264.2(b) to have a final blend

at the facility subject to the flat limit compliance option

for all fuel properties, or (C) elects in accordance with

section 2265(a) to sell or supply a final blend at the facility as a PM alternative gasoline formulation, or (D)

elects in accordance with section 2266(c) to sell or supply a final blend at the facility as an alternative gasoline

formulation.

(3) In order to elect to have a final blend subject to the

PM emissions offsetting compliance option for a final

blend, the producer or importer shall notify the Executive Officer of such election and of the information identified in section 2265.1(a)(2)(A), within the time limits

set forth in section 2265.1(a)(2)(A) and subject to sec13 CA ADC § 2264.2 Page 2

13 CCR § 2264.2

Cal. Admin. Code tit. 13, § 2264.2

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
tion 2265.1(a)(3) and (4).

(4) Once a producer or importer has made an election

under this section 2264.2(d) with respect to the PM

emissions offsetting compliance option, the producer or

importer may not use any previously assigned designated alternative limit for any fuel property to provide

offsets pursuant to section 2264(c) for any final blend

sold or supplied from the production facility or import

facility subsequent to the election.

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

2. Amendment of subsections (b)(1) and (b)(4) and amendment of Note filed 8-3-

2000; operative 9-2-2000 (Register 2000, No. 31).

3. New subsection (a)(3), amendment of subsection (b)(3) and new subsections

(b)(5) and (d)-(d)(4) filed 8-29-2008; operative 8-29-2008 pursuant to

Government Code section 11343.4 (Register 2008, No. 35).

13 CCR § 2264.2, 13 CA ADC § 2264.2

13 CA ADC § 2264.2

END OF DOCUMENT

13 CA ADC § 2264.2 Page 3

13 CCR § 2264.2

Cal. Admin. Code tit. 13, § 2264.2

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