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

§ 2265.1. Offsetting Emissions Associated with Higher

Sulfur Levels.

(a) Assignment of designated emissions offsetting limits

and percent change in emissions values for batches of

gasoline for which the emissions associated with higher

sulfur levels are being offset.

(1) A producer or an importer that produces gasoline

that has elected to be subject to the PM emissions offsetting compliance option must assign a designated

emissions offsetting limit for the sulfur, benzene, olefin,

aromatic hydrocarbon, and oxygen (maximum and minimum) contents, and for the T90, T50, and RVP (during

the RVP regulatory control period in section

2262.4(b)(2)) for each final blend of California gasoline

produced by the producer or the importer and satisfying

the notification requirements in this section (a). In no

case shall a designated emissions offsetting limit be less

than the sulfur, benzene, olefin, or aromatic hydrocarbon contents, T90, T50, or RVP, or less than the maximum oxygen content or greater than the minimum oxygen content of the final blend shown by the sample and

test conducted pursuant to section 2270. For each final

blend, the producer or the importer that produces gasoline shall also assign the percent change in emissions

values, as they pertain to the PM emissions offsetting

compliance option, for oxides of nitrogen, total ozone

forming potential, and potency-weighted toxics.

(2) Notification of final blends associated with a final

blend deficit

(A) Except as otherwise provided, for each final

blend that has a percent change in emissions value

greater than 0.04 percent for oxides of nitrogen, total

ozone forming potential, or potency-weighted toxics

(referred to as the deficit final blend), the producer or

the importer that produces gasoline shall notify the executive officer in writing, for receipt by the executive

officer before the start of physical transfer of the gasoline from the production facility or the import facility,

and in no case less than 12 hours before the producer or

the importer that produces gasoline either completes

physical transfer or commingles the final blend, with

the following information:

1. Justification for using the PM emissions offsetting

compliance option, including but not limited to, an explanation for the elevated sulfur level in the final blend

and why the batch will not be re-blended or a different

predictive model formulation will not be developed,

2. The targeted PM alternative specifications that the

producer or the importer that produces gasoline was intending to produce and which would have resulted in a

passing PM formulation but for the actual sulfur content

of the blend,

3. The percent change in emissions values, as they

pertain to the PM emissions offsetting compliance option, for oxides of nitrogen, total ozone forming potential, and potency-weighted toxics for the targeted PM

alternative specifications,

4. The company name, address, phone number, and

contact information,

5. The production facility or import facility name,

batch name, number, or other identification, the blend

identity, grade of California gasoline, the location (with

sufficient specificity to allow ARB inspectors to locate

and sample the gasoline; this shall include, but is not

limited to, the name of the facility, address, and identification of the tank), and other information that

uniquely identifies the California gasoline subject to the

PM emissions offsetting compliance option,

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13 CCR § 2265.1

Cal. Admin. Code tit. 13, § 2265.1

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
6. The estimated volume (in barrels),

7. The designated emissions offsetting limit for

RVP, sulfur content, benzene content, aromatics content, olefins content, T50, T90, and oxygen content for

the final blend,

8. The percent change in emissions values, as they

pertain to the PM emissions offsetting compliance option, for oxides of nitrogen, total ozone forming potential, and potency-weighted toxics for the final blend,

9. A statement, signed by a legal representative for

the producer or the importer that produces gasoline that

all information submitted with the notification is true

and correct, and

10. Within 24 hours after the start of the physical

transfer, the date and time of the start of physical transfer from the production facility or import facility.

(B) A producer or importer that produces gasoline

may report an actual volume that is less than the estimated volume, as long as notification of the actual

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 facility or import facility. If notification of the actual volume is not timely received by the executive officer, the reported estimated

volume shall be deemed the reported actual volume. If

the actual volume is larger than initially estimated, the

producer or the importer that produces gasoline shall revise the reported estimated volume by notifying the executive officer no later than 24 hours after completion

of the physical transfer of the final blend from the production facility or import facility.

(3) Notification of final blends associated with a final

blend credit.

(A) For each final blend associated with a final blend

credit, the producer or the importer that produces gasoline shall notify the executive officer in writing for receipt by the executive officer before the start of physical transfer of the gasoline from the production facility

or the import facility, and in no case less than 12 hours

before the producer or the importer that produces gasoline either completes physical transfer or commingles

the final blend, with the following information:

(1) The company name, address, phone number, and

contact information,

(2) The production facility or the import facility name,

batch name, number, or other identification, the blend

identity, grade of California gasoline, the location (with

sufficient specificity to allow ARB inspectors to locate

and sample the gasoline; this shall include, but is not

limited to, the name of the facility, address, and identification of the tank), and other information that

uniquely identifies the California gasoline associated

with a final blend credit,

(3) The estimated volume (in barrels),

(4) The designated emissions offsetting limits for RVP,

sulfur content, benzene content, aromatics content, olefins content, T50, T90, and oxygen content for the final blend,

(5) The percent change in emissions values, as they pertain to the PM emissions offsetting compliance option,

for oxides of nitrogen, total ozone forming potential,

and potency-weighted toxics for the final blend,

(6) A statement, signed by a legal representative for the

producer or the importer that produces gasoline that all

information submitted with the notification is true and

correct, and

(7) Within 24 hours after the completion of the physical

transfer, the date and time of the completion of physical

transfer from the production facility or the import facility.

(B) A producer or importer that produces gasoline

may report an actual volume that is more than the estimated volume, as long as notification of the actual

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 facility or the import facility. If notification of the actual volume is not timely

received by the executive officer, the reported estimated

volume shall be deemed the reported actual volume. If

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13 CCR § 2265.1

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© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
the actual volume is less than initially estimated, the

producer or the importer that produces gasoline shall revise the reported estimated volume by notifying the executive officer no later than 24 hours after completion

of the physical transfer of the final blend from the production facility or import facility.

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

producer or importer that produces gasoline cannot report within the time period specified in (a)(2) or (a)(3)

above, the producer or importer that produces gasoline

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)(4) have been met, timely

notification shall be deemed to have occurred.

(5) The executive officer may enter into a written protocol with any individual producer or importer that produces gasoline for the purposes of specifying how the

requirements in sections (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 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.

(b) Additional prohibitions regarding gasoline with designated emissions offsetting limits and final blend credits or deficits.

(1) No producer or importer that produces gasoline

shall sell, offer for sale, or supply California gasoline

with a final blend deficit, 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 that produces gasoline

shall sell, offer for sale or supply California gasoline

with a final blend credit, 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).

(3) Final blend credits shall not include offsets or

other reductions that are otherwise required by any local, State, or federal rule, regulation, or statute, or that

are achieved or estimated from California gasoline not

produced or imported in the same air basin as the gasoline with a final blend deficit, or that are claimed under

any alternative emission reduction plan.

(c) Offsetting a final blend deficit. With respect to each

final blend for which a producer or importer that produces gasoline has elected to be subject to the PM emissions offsetting compliance option, within 90 days after

the start of physical transfer from a production facility

or import facility of any final blend of California gasoline with a final blend deficit, the producer or importer

shall complete physical transfer from the same production facility or import facility of California gasoline

with a final blend credit in sufficient quantity and for

the same emissions parameter (oxides of nitrogen, total

ozone forming potential, or potency-weighted toxics) to

fully offset the final blend deficit.

For example, within 90 days after the start of physical

transfer from a production facility or import facility of

100 barrels of any final blend of California gasoline to

which a producer or importer that produces gasoline has

assigned a designated emissions offsetting limit which

results in a 0.10 percent increase in oxides of nitrogen,

the producer or importer that produces gasoline shall

complete physical transfer from the same production facility or import facility of California gasoline in sufficient quantity and quality to offset the 6 deficit points

for oxides of nitrogen. The final blend deficit is calculated as:

Final Blend Deficit = (0.10 - 0.04) x 100 = 6

(d) Automatic termination of the producer's or importer's use of the PM emissions offsetting compliance option.

When a producer or importer that produces gasoline has

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13 CCR § 2265.1

Cal. Admin. Code tit. 13, § 2265.1

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
fully offset the final blend deficit, the producer's or importer's use of the PM emissions offsetting compliance

option automatically terminates. Prior to selling, supplying, or offering California gasoline after the termination, the producer or importer that produces gasoline

must elect to use the flat limits, designated alternative

limits, PM alternative specifications, or TC limits for its

next final blend. The producer or importer that produces

gasoline may not use any remaining final blend credits

to provide offsets pursuant to section 2265.1(c) for any

final blend sold, offered, 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 8-29-2008; operative 8-29-2008 pursuant to Government

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

13 CCR § 2265.1, 13 CA ADC § 2265.1

13 CA ADC § 2265.1

END OF DOCUMENT

13 CA ADC § 2265.1 Page 4

13 CCR § 2265.1

Cal. Admin. Code tit. 13, § 2265.1

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