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

§ 2262.9. Requirements Regarding Denatured Ethanol

Intended For Use as a Blend Component in California

Gasoline.

(a) Standards.

(1) Standards for denatured ethanol. Starting December

31, 2003, no person shall sell, offer for sale, supply or

offer for supply denatured ethanol intended for blending

with CARBOB or California gasoline that fails to comply with any of the following standards:

(A) Standards for properties regulated by the CaRFG

Phase 3 standards.

1. A sulfur content not exceeding 10 parts per million;

2. A benzene content not exceeding 0.06 percent by

volume; and

3. An olefins content not exceeding 0.5 percent by

volume; and

4. An aromatic hydrocarbon content not exceeding

1.7 percent by volume.

(B) Standards based on ASTM D 4806-99.All test

methods and standards identified in the title and the table below are incorporated herein by reference.

13 CA ADC § 2262.9 Page 1

13 CCR § 2262.9

Cal. Admin. Code tit. 13, § 2262.9

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

Note a: The maximum denaturant content limit is

changed from 4.76 v% to 5.00 v% to be consistent with

ASTM 4806-06c

Note b: The modification of ASTM D 512-89(1999),

Procedure C consists of using 5 ml of sample diluted

with 20 ml of water in place of the 25 ml sample specified in the standard procedure. The water shall meet

ASTM D 1193-99, Type II. The volume of the sample

prepared by this modification will be slightly larger

than 25 ml. To allow for the dilution factor, report the

chloride ion present in the fuel ethanol sample as the

chloride ion present in the diluted sample multiplied by

five.

Note c: The modification of ASTM D 1688-95, Test

Method A (atomic absorption) consists of mixing reagent grade ethanol (which may be denatured according

to the U.S. Bureau of Alcohol, Tobacco, and Firearms

(BATF) of the U.S. Treasury Department Formula 3A

or 30, as set forth in 27 CFR sections 21.35 and 21.57,

as in effect April 1, 2001) in place of water as the

solvent or diluent for the preparation of reagents and

standard solutions. However, this must not be done to

prepare the stock copper solution described in 11.1 of

ASTM D 1688-95. Because a violent reaction may occur between the acid and the ethanol, use water, as specified, in the acid solution part of the procedure to pre13 CA ADC § 2262.9 Page 2

13 CCR § 2262.9

Cal. Admin. Code tit. 13, § 2262.9

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
pare the stock copper solution. Use ethanol for the rinse

and dilution only.

(2)Exemption.

(A)Inapplicability of basic standards.The standards in

section (a)(1)(A) do not apply to a quantity of denatured

ethanol sold, offered for sale, supplied, or offered for

supply by a person who demonstrates as an affirmative

defense that:

1. The person has complied with section (c)(1)(B);

and

2. He or she has taken reasonably prudent precautions to assure that the denatured ethanol will only be

added to CARBOB which has been designed to be lawfully oxygenated with denatured ethanol having the

properties identified in the document provided pursuant

to section (c)(1)(B).

(B) Substitute standards. Starting December 31,

2003, no person shall sell, offer for sale, supply or offer

for supply denatured ethanol that is intended for blending with CARBOB or California gasoline and is exempt

pursuant to section (a)(2)(A), if the denatured ethanol

fails to comply with any of the properties identified in

the document provided pursuant to section (c)(1)(B).

(3) Standards for products represented as appropriate

for use as a denaturant in ethanol.

(A) Except as otherwise provided in section

(a)(3)(B), starting December 31, 2003, no person shall

sell, offer for sale, supply or offer for supply a product

represented as appropriate for use as a denaturant in ethanol intended for blending with CARBOB or California

gasoline, if the denaturant has:

1. A benzene content exceeding 1.10 percent by

volume; or

2. An olefins content exceeding 10.0 percent by

volume; or

3. An aromatic hydrocarbon content exceeding 35.0

percent by volume.

(B) A person may sell, offer for sale, supply or offer

for supply a product that is represented as only suitable

for use as an ethanol denaturant in ethanol intended for

blending with CARBOB or California gasoline if the

denatured ethanol contains no more than a specified

percentage of the denaturant that is less than 5.00 percent. In this case, the product must be prominently

labeled as only lawful for use as a denaturant where the

denatured ethanol contains no more than the specified

percentage of the denaturant, and the seller, supplier or

offeror must take reasonably prudent precautions to assure that the denaturant will not be used in concentrations greater than the specified percentage in ethanol intended for blending with CARBOB or California gasoline. If these conditions are met, the standards in section

(a)(3)(A) for the denaturant will be adjusted by multiplying the stated values by (5.00 Bmax.%), where

"max.%" is the maximum percentage by volume of denaturant specified for the denatured ethanol.

(b) Test Methods.

(1) In determining compliance with the denatured ethanol standards in section (a)(1)(A):

(A) The sulfur content of denatured ethanol shall be

determined by ASTM D 5453-93, which is incorporated

herein by reference.

(B) The aromatic hydrocarbon, benzene and olefins

content of denatured ethanol shall be determined by

sampling the denaturant and using the methods specified in section 2263 to determine the content of those

compounds in the denaturant. The result will then be

multiplied by 0.0500, except that where it is demonstrated that the denatured ethanol contains less than 5.00

percent denaturant, the result will be multiplied by the

decimal fraction representing the percent denaturant.

(2) In determining compliance with the denaturant

standards in section (a)(3), the aromatic hydrocarbon,

benzene and olefins content of the denaturant shall be

determined by the methods specified in section 2263 for

determining the content of those compounds in gasoline.

13 CA ADC § 2262.9 Page 3

13 CCR § 2262.9

Cal. Admin. Code tit. 13, § 2262.9

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
(c) Documentation required for the transfer of denatured

ethanol intended for use as a blend component in California gasoline.

(1)(A) Starting December 31, 2003, and except as

provided in section (c)(1)(B), on each occasion that any

person transfers custody or title of denatured ethanol intended for use as a blend component in California gasoline, the transferor shall provide the transferee a document that prominently states that the denatured ethanol

complies with the standards for denatured ethanol intended for use as a blend component in California gasoline.

(B) Starting December 31, 2003, on each occasion

that any person transfers custody or title of denatured

ethanol that is intended to be added to CARBOB designated for blending with denatured ethanol exceeding

any of the standards in section (a)(1)(A), the transferor

shall provide the transferee a document that prominently identifies the maximum sulfur, benzene, olefin

and aromatic hydrocarbon content of the denatured ethanol, and states that the denatured ethanol may only be

lawfully added to CARBOB that is designated for

blending with denatured ethanol having such properties.

(2) Starting December 31, 2003, any person who sells

or supplies denatured ethanol intended for use as a

blend component in California gasoline from the California facility at which it was imported or produced

shall provide the purchaser or recipient a document that

identifies:

(A) The name and address of the person selling or

supplying the denatured ethanol, and identification of

the person as the producer or importer of the denatured

ethanol; and

(B) With respect to imported denatured ethanol, the

name, location and operator of the facility(ies) at which

the ethanol was produced and at which the denaturant

was added to the ethanol. As an alternative, the document provided to the purchaser or recipient may identify

the date and time the ethanol was supplied from its import or production facility, and state that the person

selling or supplying the denatured ethanol from the

California facility at which it was imported or produced

maintains at the facility a list of the name, location, and

operator of all of the facilit(ies) at which the ethanol

was produced and at which the denaturant was added to

the ethanol. In this case, the person shall for at least two

years maintain such information, and records identifying the entities that produced the ethanol and added the

denaturant in each batch of denatured ethanol imported

to the facility; during that two year period, the person

shall make the information and records, available to the

Executive Officer within five days after a request for

the material.

<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, 43101 and 43830.8,

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 8-20-2001; operative 8-20-2001 pursuant to Government

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

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

13 CA ADC § 2262.9 Page 4

13 CCR § 2262.9

Cal. Admin. Code tit. 13, § 2262.9

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
Code section 11343.4 (Register 2002, No. 52).

3. Amendment of subsections (a)(1), (a)(1)(A)2.-3., (a)(3)(A)1.-3. and

(c)(2)(A)-(B) filed 3-10-2005; operative 4-9-2005 (Register 2005, No. 10).

4. Amendment of table and table footnotes and subsections (a)(3)(B) and

(b)(1)(B) filed 8-29-2008; operative 8-29-2008 pursuant to

Government Code

section 11343.4 (Register 2008, No. 35).

13 CCR § 2262.9, 13 CA ADC § 2262.9

13 CA ADC § 2262.9

END OF DOCUMENT

13 CA ADC § 2262.9 Page 5

13 CCR § 2262.9

Cal. Admin. Code tit. 13, § 2262.9

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