13 CA ADC § 2266.5 Page 1

13 CCR s 2266. 5

Cal. Admin. Code tit. 13 , s 2266. 5

© 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 2266.5. Requirements Pertaining to California Refo rmulated Gasoline Blendstock for Oxygen Blending

(CARBOB) and Downstream Blending.

(a)Application of the California gasoline standards to

CARBOB.

(1)Applicability of standards and requ irements to CA RBOB.All of the standards and requirements in sections

2261, 2262, 2262.3, 2262.4, 2262.5(a), (b), (c) and (e),

2262.6, 2264, 2264.2, 2265, 2266, 2267, 2268, 2270(b)

and (c), 2271 and 2272 pertaining to California gasoline or

transactions inv olving California gasoline also apply to

CARBOB or transactions involving CARBOB. Whenever

the term "California gasoline" is used in the sections ide ntified in the preceding sentence, the term means "Califo rnia gas oline or CARBOB." Whenever the term "gasoline"

is used in section 2265(b)(1), the term means "California

gasoline or CARBOB."

(2)Determining whether a final blend of CARBOB co mplies with the standards for California gasoline.

(A)General.

1. Applicabi lity. This section (a)(2) governs the determ ination of whether a final blend of CARBOB complies with

the standards for California gasoline that apply when the

gasoline is sold or supplied from the production or import

facility at which it was produced or i mported. Section

(a)(6) governs the determination of whether downstream

CARBOB that has already been supplied from its produ ction or import facility complies with the applicable cap

limits for California gasoline. 2. Where a producer or importer has desi gnated a final

blend as CARBOB and has complied with all applicable

provisions of this section 2266.5, the properties of the final

blend for purposes of compliance with sections 2262,

2262.3, 2262.4, 2262.5, 2262.6 , 2265 and 2266 shall be

determined in accordance with section (a)(2)(B) or

(a)(2)(C) as applicable.

3. If the producer or importer has not complied with all

applicable provisions of this section 2266.5, the properties

of the final blend for purposes of the producer's or impo rter's compliance with the limits for sulfur, benzene, ar omatic hydrocarbons, olefins, T50, T90, and oxygen r equired by sections 2262.3, 2262.5, 2265 and 2266 shall be

determined without using the CARBOB Model or adding

oxygenate to t he gasoline, and compliance with the flat

limits for Reid vapor pressure and oxygenates required by

sections 2262.4, 2262.6, 2265 and 2266 shall be dete rmined in accordance with section (a)(2)(B) or (a)(2)(C) as

applicable.

(B)Determining whether a final blend of CARBOB co mplies with the standards for California gasoline by use of

the CARBOB Model.

1. A producer or importer may elect to have the CARBOB

model used in determining whether a final blend desi gnated as CARBOB complies with the standards appli cable

to California gasoline, by providing the notice in section

(b)(1)(C). In this case, the CARBOB limits for the final

blend shall be determined in accordance with the "Proc edures for Using the California Model for California R eformulated Gasoline Blendstocks for Oxygenate Blending

(CARBOB)," as adopted April 25, 2001. The CARBOB's

compliance with the assigned CARBOB limit for a pro perty shall constitute compliance with the corresponding

finished gasoline limit

- be it a section 2262 flat limit, PM

flat limit, TC limit, or (if no designated alternative limit has

been established) section 2262 or PM averaging limit. In

addition, where the producer or importer has elected to use

the CARBOB model for a given final bl end that is not

being transferred from its production or import facility

during the Reid vapor pressure control period for that

facility set forth in section 2262.4(a), the final blend must

have a Reid vapor pressure no lower than the value used in

the T50 CARBOB model.

2. Notwithstanding section (a)(2)(B)1., where a final13 CA ADC § 2266.5 Page 2

13 CCR s 2266. 5

Cal. Admin. Code tit. 13 , s 2266. 5

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. blend of CARBOB is s ampled and analyzed by a state

board inspector in accordance with section 2263 using the

methodology in (a)(2)(C), the results may be used to e stablish a violation of applicable standards for California

gasoline.

(C)Determining whether a final blend of C ARBOB co mplies with the standards for California gasoline by oxyg enate blending and testing.Except as otherwise provided in

section (a)(2)(B), the properties of a final blend of

CARBOB shall be determined for purposes of compliance

with sections 2262, 2262 .3, 2262.4, 2262.5 2262.6, 2265

and 2266 by adding the specified type and amount of

oxygenate to a representative sample of the CARBOB and

determining the properties and characteristics of the r esulting gasoline in accordance with an applicable test

method identified in section 2263(b) or permitted under

section 2263(c). Where the producer or importer has in

accordance with section (b)(1)(E) designated a range for

oxygen from denatured ethanol of 1.8 wt.% to 2.2 wt. % (or

a range that is within 1.8 wt.% and 2.2 wt.% and includes

2.0 wt.%), denatured ethanol equal to 5.7 vol. % of the

blended volume shall be added; where the designated

range for oxygen from denatured ethanol is 2.5 wt.% to 2.9

wt.% (or is within 2.5 wt .% and 2.9% and includes 2.7

wt.%), denatured ethanol equal to 7.7 vol.% of the blended

volume shall be added; and where the designated range for

oxygen from denatured ethanol is 3.3 wt.% to 3.7 wt.% (or

is within 3.3 wt.% and 3.7 wt.% and includes 3.5 wt. %),

denatured ethanol equal to 10.0 vol.% of the blended v olume shall be added. In all other cases where the desi gnated range for oxygen from denatured ethanol is no

greater than 0.4 wt.%, the amount of denatured ethanol

added shall be the volume percent t hat results in an oxygen

content at the midpoint of the range of oxygen, based on

the following equation:

Vol.% Denatured Ethanol = 620 P[(218.8 Pwt.% oxygen)

- 0.40]

Where the producer or importer has in accor dance with

section (b)(1)(E) designated a range of amounts of oxygen

that is greater than 0.4 wt.%, or an oxygenate other than

denatured ethanol, the oxygenate shall be added in an

amount that results in an oxygen content within 0.2 wt.%

of the designated minimum oxygen level.

(D)Characteristics of denatured ethanol used in dete rmining whether a final blend of CARBOB complies with

the standards for California gasoline.

1.Default denatured ethanol characteristics on or after

December 31, 2003 when the CA RBOB Model is

used.Except as provided in section (a)(2)(D)3., where a

producer or importer has elected to use the CARBOB

Model for a final blend of CARBOB supplied from its

production or import facility on or after December 31,

2003, the following default denatured ethanol specific ations shall be specified for the CARBOB Model:

Sulfur content: 10 parts per million

Benzene content: 0.06 volume percent

Olefin content: 0.5 volume percent

Aroma tic hydrocarbon content: 1.7 volume percent

2.Default denatured ethanol characteristics on or after

December 31, 2003 when the CARBOB Model is not

used.Except as provided in section (a)(2)(D)3., where a

producer or importer has not el ected to use the CARBOB

Model, denatured ethanol used as the oxygenate must have

the following properties in determining whether CARBOB complies with the standards applicable to California gas oline when it is supplied from the production facility or

import facility on or after December 31, 2003:

Sulfur content: 3

- 10 parts per million

Benzene content: 0

- 0.06 volume percent

Olefin content: 0

- 0.5 volume percent

Aromatic hydrocarbon content: 0

- 1.7 volume percent

3.Producer

- or importer

- specified characteristics of den atured ethanol used in determining whether a final blend of

CARBOB complies with the standards for California ga soline. a. With respect to a final blend of CARBOB supplied from

its production or import facility prior to December 31,

2003, the producer or importer must specify the properties13 CA ADC § 2266.5 Page 3

13 CCR s 2266. 5

Cal. Admin. Code tit. 13 , s 2266. 5

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. of the oxygenate used in determining whether th e final

blend of CARBOB complies with the applicable California

gasoline standards, by providing the notice in section

(b)(1)(D). With respect to a final blend of CARBOB su pplied from its production or import facility on or after

December 31, 2003, the pro ducer or importer may elect to

specify the properties of the oxygenate in accordance with

the preceding sentence. Where the producer or importer

has elected to use the CARBOB model in connection with

the final blend, the maximum value for each property

ide ntified in the section (b)(1)(D) notification shall be used for the CARBOB Model. Where the producer or importer

has not elected to use the CARBOB model in connection

with the final blend, the oxygenate used in oxygenate

blending and testing in accordance with section (a)(2)(C)1.

must not exceed the maximum value for each property

identified in the section (b)(1)(D) notification; that ox ygenate's specifications for each property may be under the

maximum value for each property identified in the section

(b)( 1)(D) notification by no more than the following:

Sulfur content: 5 parts per million

Benzene content: 0.06 volume percent

Olefin content: 0.1 volume percent

Aromatic hydrocarbon content: 1.0 volume percent

b.Maintaining oxygenate samples for use in compliance

testing.A producer or importer who is specifying the

properties of the oxygenate used in a final blend of

CARBOB in accordance with the preceding section

(a)(2)(D)3.a. must maintain at the production or import

facility, while the final blend is at the facility, oxygenate

meeting the required specifications in quantities that are

sufficient to enable state board inspectors to use the ox ygenate in compliance determinations.

(E)Protocol for determining whether a final blend of

CARBOB complies with the standards for California ga soline.The executive officer may enter into a written pr otocol with any individual producer or importer for the

purpose of specifying a alternative method for determining

whether a final blend of CARBOB complies with the

standards for California gasoline, as long as the executive

officer reasonably determines that application of the pr otocol is not less stringent o r enforceable than application of

the express terms of section (a)(2)(A)

- (D). Any such pr otocol shall include the producer's or importer's agreement

to be bound by the terms of the protocol.

(3)Calculating the volume of a final blend of CA RBOB.Where a producer or importer has designated a final

blend as CARBOB and has complied with all applicable

provisions of this section 2266.5, the volume of the final

blend shall be calculated for all purposes under section

2 264 by adding the minimum designated amount of the

oxygenate having the smallest volume designated by the

producer or importer. If the producer or importer has not

complied with any applicable provisions of this section

2266.5, the volume of the final blen d for purposes of the

refiner or producer's compliance with sections 2262,

2262.3, 2262.4, 2262.5, 2262.6, 2265 and 2266 shall be calculated without adding the amount of oxygenate to the

CARBOB.

(4)Specifications for a final blend of CARBOB when the

CARB OB model is not being used.A producer or importer

who has not elected to use the CARBOB model pursuant to

section (a)(2)(B) with regard to a final blend of CARBOB

may not sell, offer for sale, supply or offer for sale that

final blend of CARBOB from its pr oduction facility or

import facility where the sulfur, benzene, olefin or ar omatic hydrocarbon content of the CARBOB, when mu ltiplied by (1 minus the designated maximum volume pe rcent, expressed as a decimal fraction, that the oxygenate

will represent afte r it is added to the CARBOB), results in a

sulfur, benzene, olefin or aromatic hydrocarbon content

value exceeding the applicable limit for that property.

(5)Assignment of designated alternative limits for

CARB OB and for the oxygenated California gasoline

where the producer or importer has elected to use the

CARBOB model.

(A) Applicability. This section (a)(5) applies where a

producer or importer has elected to have the CARBOB

model apply in connection with a final blend of CARBOB

which is also subject to an averaging compliance option or

a PM averaging compliance option for one or more pro perties.

(B) Assignment of CARBOB designated alternative limit.

The producer or importer may assign a CARBOB desi gnated alternative limit for the final blend of CARBOB by

satisfying the notification requirements of section

(a)(5)(D). In no case shall a CARBOB desi gnated altern ative limit be less than the sulfur, benzene, olefin or ar o-13 CA ADC § 2266.5 Page 4

13 CCR s 2266. 5

Cal. Admin. Code tit. 13 , s 2266. 5

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. matic hydrocarbon content, or T90 or T50, of the final

blend shown by the sample and test of the CARBOB

conducted pursuant to section 2270. The CARBOB de signated alternative limit shal l be treated as the designated

alternative limit under section 2262.3(c)(2), and a violation

of section 2262.3(c)(2) will exist when the CARBOB

exceeds the CARBOB designated alternative limit.

(C) Determining t he designated alternative limit for the

final blend after the CARBOB is oxygenated. Whenever a

producer or importer has assigned a designated alternative

limit for a final blend of CARBOB, the designated alte rnative limit for the final blend after the CARB OB is ox ygenated shall be determined in accordance with the "Pr ocedures for Using the California Model for California

Reformulated Gasoline Blendstocks for Oxygenate

Blending (CARBOB)," as adopted April 25, 2001. This

will be the final blend's designated a lternative limit for

purposes of compliance with sections 2262.3(c)(3) and

2264(b) and (c). (D) Notification. The producer or importer shall notify the

executive officer of the CARBOB designated alternative

limit, the designated alternative limit for the final blend

after it is oxygenated, and all other 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).

(6)Determining whether downstream CARBOB complies

wit h the cap limits for California gasoline.

(A)Determining whether downstream CARBOB complies

with the cap limits for California gasoline through the use

of CARBOB cap limits derived from the CARBOB Mo del.Wheneve r downstream CARBOB designated for eth anol blending has already been supplied from its production

or import facility, the CARBOB's compliance with the cap

limits for California gasoline may be determined by a pplying the CARBOB cap limits in the following t able:

Property CARBOB Cap Limits

CaRFG2 CaRFG3

Reid Vapor Pressure [FN1] 5.78 5.99

(pounds per square inch)

Sulfur Content 89 66 [FN2]

(parts per million by weight) 32 [FN2]

Benzi ne Content 1.33 1.22

(percent by volume)

Aromatics Content 33.1 38.7

(percent by volume)

Olefins Content 11.1 11.1

(percent by volume)

T50 232 [FN3] 232 [FN3]

(degrees Fahrenheit) 237 [FN3] 237 [FN3]

T90 335 335

(degrees Fahrenheit)

---------- [FN1] The Reid vapor pressure standards apply only during the warmer weather

months identif ied in section 2262.4.

[FN2] The CaRFG Phase 3 CARBOB cap limits for sulfur are phased in starting

December 31, 2003, and December 31, 2004, in accordance with section

2261(b)(1)(A).

[FN3] The first number applies to CARBOB that is subject to the Reid vapor

pressure standard pursuant to section 2262.4, and the second number applies

to CARBOB that is not subject to the Reid vapor pressure standard.

(B)Determining whether downstream CARBOB complies

with the cap limits for California gasoline by oxygenate

blending and testing.Whenever downstream CARBOB

designated for oxy genate blending has already been su pplied from its production or import facility, the CARBOB's compliance with the cap limits for California gasoline may

be determined by adding the specified type and amount of

oxygenate to a representative sample of the C ARBOB and

determining the properties and characteristics of the r esulting gasoline in accordance with an applicable test13 CA ADC § 2266.5 Page 5

13 CCR s 2266. 5

Cal. Admin. Code tit. 13 , s 2266. 5

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. method identified in section 2263(b) or permitted under

section 2263(c). Denatured ethanol used as the oxygenate

must have the properti es set forth in section (a)(2)(D)2.

Where the designated range for oxygen from denatured

ethanol is 1.8 wt.% and 2.2 wt.% (or is within 1.8 wt.% and

2.2 wt.% and includes 2.0 wt.%), denatured ethanol equal

to 5.7 vol.% of the blended volume shall be added; where

the designated range for oxygen from denatured ethanol is

2.5 wt.% and 2.9 wt.% (or is within 2.5 wt.% and 2.9 wt.%

and includes 2.7 wt.%), denatured ethanol equal to 7.7

vol.% of the blended volume shall be added; and where the

designated range for oxygen from denatured ethanol is 3.3

wt.% to 3.7 wt.% (or is within 3.3 wt.% and 3.7 wt.% and

includes 3/5 wt.%), denatured ethanol equal to 10.0 vol.%

of the blended volume shall be added. In all other cases

wh ere the designated range for oxygen from denatured

ethanol is no greater than 0.4 wt.%, the amount of den atured ethanol added shall be the volume percent that results

in an oxygen content at the midpoint of the range of ox ygen, based on the following equat ion:

Vol.% Denatured Ethanol = 620 P[(218.8 Pwt.% oxygen)

- 0.40]

Where the designated a range of amounts of oxygen is

greater than 0.4 wt.%, or an oxygenate other than den atured ethanol is designated, the oxygenate shall be added in

an amount that res ults in an oxygen content within 0.2

wt.% of the designated minimum oxygen level.

(C)Protocols.A person may enter into a protocol with the

executive officer for the purpose of identifying more

stringent specifi cations for the denatured ethanol used

pursuant to section (a)(6)(B), or different CARBOB cap

limits under section (a)(6)(A), if the executive officer

reasonably determines that the specifications or cap limits

are reasonably premised on the person's progr am to assure

that the denatured ethanol added to the CARBOB by

oxygenate blenders will meet the more stringent specifications.

(b) Notification to ARB regarding the supply of CARBOB

from the facility at which it was produced or imported.

(1) A producer or importer supplying a final blend of

CARBOB from the facility at which the producer or i mporter produced or imported the CARBOB must notify the

executive officer of the information set forth below, along

with any information required under section 2265( a)(2)

(for a PM alternative gasoline formulation) or 2266(c) (for

a test

- certified alternative gasoline formulation). The n otification must be received by the executive officer before

the start of physical transfer of the final blend of CARBOB

from the pro duction or import facility, and in no case less

than 12 hours before the producer or importer either co mpletes physical transfer or commingles the final blend.

(A) The identity and location of the final blend;

(B) The designation of the final blend as CARBOB;

(C) If the producer or importer is electing to use the

CARBOB model to determine whether the final blend

complies with the standards applicable to California gas oline when it is supplied from the production facility or

import facility, a statement of that election and

1. Each of the CARBOB limits that will apply to the final

blend for properties not subject to the averaging co mpliance option or the PM averaging compliance option; and

2. For any property subject to the averaging compliance

option or the PM averaging compliance option, the ave raging or PM averaging limit for the CARBOB (the

CARBOB is subject to this limit only if no designated

alternative limit is assigned to the CARBOB pursuant to

section 2266.5(a)(5)(B));

(D) If the producer or import er is specifying, pursuant to

section (a)(2)(D)3., the properties of the oxygenate to be

added downstream by the oxygenate blender, a statement

of that election, the type of oxygenate, and the oxygenate's

specifi cations for the following properties:

Maximum sulfur content (nearest part per million by

weight)

Maximum benzene content (nearest hundredth of a pe rcent by volume)

Maximum olefin content (nearest tenth of a percent by

volume)

Maximum aromatic hydr ocarbon content (nearest tenth of

a percent by volume)

(E) The designation of each oxygenate type or types and

amount or range of amounts to be added to the CARBOB,

and the applicable flat limit, PM alternative specification,

or TC alternative specificat ion for oxygen. The amount or

range of amounts of oxygenate to be added shall be e x-13 CA ADC § 2266.5 Page 6

13 CCR s 2266. 5

Cal. Admin. Code tit. 13 , s 2266. 5

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. pressed as a volume percent of the gasoline after the ox ygenate is added, in the nearest tenth of a percent. For any

final blend of CARBOB except one that is subject to PM

a lternative specifications or TC alternative specifications,

the amount of oxygenate to be added must be such that the

resulting California gasoline will have a minimum oxygen

content no lower than 1.8 percent by weight and a max imum oxygen content no great er than 2.2 percent by

weight. For a final blend of CARBOB that is subject to PM

alternative specifications, the amount or range of amounts

of oxygenate to be added must be such that the resulting

California gaso line has an oxygen content that meets the

oxygen content PM alternative specification for the final

blend. For a final blend of CARBOB that is subject to TC

alternative specifications, the amount or range of amounts

of oxygenate to be added must be such th at the resulting

California gasoline has an oxygen content that meets the

oxygen content alternative specification for the final blend:

(2) Applicability of notification to subsequent final

blends. The notification a producer or importer provides

pursuan t to section (b)(1)(B), (C), (D) and (E) for a final

blend of CARBOB shall apply to all subsequent final

blends of CARBOB or California gasoline supplied by the

producer or importer from the same production or import

facility until the producer or importer designates a final

blend at that facility as either (i) California gasoline rather

than CARBOB, or (ii) CARBOB subject to a new notification made pursuant to section (b)(1).

(3) Allowance of late notifications. If, through no inte ntional or negligent co nduct, a producer or importer cannot

report within the time period specified in (b)(1) above, the

producer or importer 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 dete rmines that the conditions of this section (b)(3) have been

met, timely notification sha ll be deemed to have occurred.

(4) Protocols. The executive officer may enter into a

written protocol with any individual producer or importer

for the purpose of specifying how the requirements in

section (b)(1) shall be applied to the producer's or impo rter'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 section

(b)(1). Any such p rotocol shall include the producer's or

importer's agreement to be bound by the terms of the pr otocol.

(c) Sampling, testing and recordkeeping by importers of

CARBOB.

(1) When sampling and testing is required. Each importer

of CARBOB shall sample and test for the sulfur, aromatic

hydrocarbon, olefin, oxygen and benzene content, T50,

T90, and, during the regulatory control periods identified

in section 2262.4(a)(2) and (b)(2), the Reid vapor pressure,

of each final blend of CARBOB which the importer has

imported by tankship, pipeline, railway tankcars, trucks

and trailers, or other means, by collecting and analyzing a

represent ative sample of CARBOB taken from the final

blend at its import facility. An importer who is electing to

use the CARBOB model in determining compliance shall

analyze the CARBOB without adding oxygenate. In all

other cases, the importer shall oxygenate and analyze the

CARBOB in accordance with section (a)(2)(C).

(2) Maintaining records. Each importer required to sample

and analyze a final blend of CARBOB pursuant to this

section (c) shall maintain, for two years from the date of

each sampling, records show ing the sample date, identify

of blend or product sampled, container or other vessel

sampled, the final blend volume, and the sulfur, aromatic

hydrocarbon, olefin, oxygen and benzene content, T50,

T90, and Reid vapor pressure as determined in accordance

wi th section (a)(2). All CARBOB imported by the impo rter and not tested as required by this section shall be

deemed to have a Reid vapor pressure, sulfur, aromatic

hydrocarbon, olefin, oxygen and benzene content, T50 and

T90 exceeding the applicable flat lim it or averaging limit

standards specified in section 2262, unless the importer

demonstrates that the CARBOB meets those standards and

limit(s).

(3) Production of records. An importer shall provide to the

executive officer any records required to be maint ained by

the importer pursuant to this section (c) within 20 days of a

written request from the executive officer if the request is

received before expiration of the period during which the

records are required t o be maintained. Whenever an i mporter fails to provide records regarding a final blend of

CARBOB in accordance with the requirements of this

section, the final blend of CARBOB shall be presumed to

have been sold by the importer in violation of the appl icab le flat limit or averaging limit standards and co mpliance requirements in sections 2262, 2262.3(b) or (c),

2262.4(b), or 2262.5(c), unless the importer demonstrates

that the CARBOB meets those standards and limit(s).13 CA ADC § 2266.5 Page 7

13 CCR s 2266. 5

Cal. Admin. Code tit. 13 , s 2266. 5

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. (4) Protocols. The executive officer may enter into a

protocol with any importer for the purpose of specifying

alternative sampling, testing, recordkeeping, or reporting

requirements which shall satisfy the provisions of sections

(c)(1) or (c)(2). The executive officer may only enter into

suc h a protocol if s/he reasonably determines that applic ation of the regulatory requirements under the protocol will

be consistent with the state board's ability effectively to

enforce the provisions of sections 2262, 2262.3(b) or (c),

2262.4(b), or 2262.5(c ), and the PM averaging limit(s).

Any such protocol shall include the importer's agreement

to be bound by the terms of the protocol.

(d) Documentation required when CARBOB is tran sferred.

(1) Required Documen tation. On each occasion when any

person transfers custody or title of CARBOB, the tran sferor shall provide the transferee a document that prom inently:

(A) States that the CARBOB does not comply with the

standards for California gasoline without the addi tion of

oxygenate,

(B) Identifies the applicable flat limit, PM alternative

specification, or TC alternative specification for oxygen,

and

(C) Identifies, consistent with the notification made pu rsuant to section (b), the oxygenate type or types and

amount or range of amounts that must be added to the

CARBOB to make it comply with the standards for Cal ifornia gasoline. Where the producer or importer of the

CARBOB has elected to specify the properties of the

oxygenate pursuant to section (b)(1)(D), the document

must also prominently identify the maximum permitted

sulfur, benzene, olefin and aromatic hydrocarbon contents

- not to exceed the max imum levels in the section (b)(1)(D)

notification

- of the oxygenate to be added to the CA RBOB.

(2) Compliance by pipeline operator. A pipeline operator

may comply with this requirement by the use of standa rdiz ed product codes on pipeline tickets, where the code(s)

specified for the CARBOB is identified in a manual that is

distributed to transferees of the CARBOB and that sets

forth all of the required information for the CARBOB. (e)Restrictions on transferrin g CARBOB.

(1) Required agreement by transferee. No person may

transfer ownership or custody of CARBOB to any other

person unless the transferee has agreed in writing with the

transferor that either:

(A) The transferee is a registered oxygenate blender and

will add oxygenate of the type(s) and amount (or within the

range of amounts) designated in accordance with section

(b) before the CARBOB is transferred from a final distr ibution facility, or

(B) The transferee will take all reasonably prudent steps

necessary to assure that the CARBOB is transferred to a

registered oxygen blender who adds the type and amount

(or within the range of amounts) of oxygenate designated

in accordance with section (b) to the CARBOB before the

CARBOB is transfered from a final distribution facility.

(2) Prohibited sales of CARBOB from a final distribution

facility. No person may sell or supply CARBOB from a

final distribition fa cility where the type and amount or

range of amounts of oxygenate designated in accordance

with section (b) has not been added to the CARBOB.

(f) Restrictions on blending CARBOB with other pro ducts.

(1) Basic prohibition. No person may combine any

CARB OB that has been supplied from the facility at which

it was produced or imported with any other CARBOB,

gasoline, blendstock or oxygenate, except:

(A) The specified oxygenate.

1. The CARBOB may be blended with oxygenate of the

type and amount (or withi n the range of amounts) specified

by the producer or importer at the time the CARBOB was

supplied from the production or import facility.

2. Where ethanol is the specified oxygenate and specifications for the ethanol are identified in the product transfe r document for the CARBOB pursuant to section

2266.5(d)(1)(C), only ethanol meeting those specifications

may be combined with the CARBOB.

3. Where ethanol is the specified oxygenate and specifications for the e thanol are not identified, only ethanol

meeting the standards in section 2262.9(a) may be co m-13 CA ADC § 2266.5 Page 8

13 CCR s 2266. 5

Cal. Admin. Code tit. 13 , s 2266. 5

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. bined with the CARBOB.

(B) Identically

- specified CARBOB. The CARBOB may

be blended with other CARBOB for which the same ox ygenate type, and the same amount (or r ange of amounts) of

oxygen, was specified by the producer or importer at the

time the CARBOB was supplied from the production or

import facility. However, where specifications for the

denatured ethanol to be added to the CARBOB have been

established pursua nt to section 2266.5(a)(2)(D)3, it may

only be blended with other CARBOB for which the same

denatured ethanol specifications have been set.

(C) CARBOB specified for different oxygen level. Where

a person is changing from an initial to a new type of

CARBO B stored in a storage tank at a terminal or bulk

plant, and the conditions below are met; in this case, the

CARBOB in the tank after the new type of CARBOB is

added will be treated as that new type of CARBOB.

1 . The change in service is for legitimate operational

reasons and is not for the purpose of combining the di fferent types of CARBOB;

2. The initial and new CARBOBs are designated for

blending with different amounts (or ranges of amounts) of

oxygen, and t he change in oxygen content will not exceed

1.1 weight percent of the oxygenated gasoline blend;

3. The volume of the new CARBOB that is added to the

tank is at least four times as large as the volume of the

initial CARBOB in the tank, and

4. The sulfur content of the new CARBOB added to the

tank is no more than 12 parts per million.

(D) California gasoline not subject to RVP standard.

Where a person is changing from California gasoline to

CARBOB as the product stored in a storage tank at a te rminal or bulk plant and the conditions below are met; in

this case the product in the tank, pipe or manifold after the

new product is added will be treated as the new type of

product.

1. The change in service is for legitimate operational

reasons a nd is not for the purpose of combining the Cal ifornia gasoline and CARBOB and

2. The resulting blend of product in the tank is supplied

from the terminal or bulk plant during a time that it is not subject to th e standards for Reid vapor pressure under

section 2262.4.

(2) Protocols. Notwithstanding section (f)(1), the exec utive officer may enter into a written protocol with any

person to identify conditions under which the person may

lawfully combine CARBOB wit h California gasoline or

other CARBOB during a changeover in service of a st orage tank for a legitimate operational business reason. The

executive officer may only enter into such a protocol if he

or she reasonably determines that commingling of the two

pr oducts will be minimized as much as is reasonably

practical. Any such protocol shall include the person's

agreement to be bound by the terms of the protocol.

(g) Requirements for oxygenate blenders.

(1) Registration and Certification.

(A) Registratio n. Any oxygen blender must register with

the executive officer by March 1, 1996, or at least 20 days

before blending oxygenates with CARBOB, whichever

occurs later. Thereafter, an oxygenate blender must regi ster with the executive officer annually by January 1. The

registration must be addressed to he attention of the Chief,

Compliance Division, California Air Resources Board,

P.O. Box 2815, Sacramento, CA, 95812.

(B) Required contents of registration. The regis tration

must include the following:

1. The oxygen blender's contact name, telephone number,

principal place of business which shall be a physical a ddress and not a post office box, and any other place of

business at which company records are maintained.

2. For each of the oxygen blender's oxygenate blending

facilities, the facility name, physical location, contact

name, and telephone number.

(C) Issuance of certificate. The executive officer shall

provide each complying oxygen blender with a certifica te

of registration compliance no later than June 30. The ce rtification shall be effective from no later than July 1,

through June 30 of the following year. The certification

shall constitute the oxygen blender's certification pursuant

to Health and Safety Code section 43021.

(D) Submittal of updated information. Any oxygen

blender must submit updated registration information to13 CA ADC § 2266.5 Page 9

13 CCR s 2266. 5

Cal. Admin. Code tit. 13 , s 2266. 5

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

icer at the address identified in section

(g)(1)(A) within 30 days of any occasion when the regi stration information previously supplied becomes inco mplete or inaccurate.

(2) Requirement to add oxygenate to CARBOB. Whe never an oxygenate blender receives CARBOB from a

transferor to whom the oxygenate blender has represented

that he/she will add oxygenate to the CARBOB, the ox ygenate blender must add to the CARBOB oxygenate of the

type(s) and amount (or within the range of amounts) ide ntified in the documen tation accompanying the CARBOB.

If the documentation identifies the permitted maximum

sulfur, benzene, olefin and aromatic hydrocarbon contents

of the oxygenate, the oxygenate blender must add an

oxygenate that does not exceed the maximum permitted

levels.

(3) Additional requirements for terminal blending. Any

oxygenate blender who makes a final blend of California

reformulated gasoline by blending any oxygenate with any

CARBOB in any gasoline storage tank, other than a truck

used for delivering gasoline to retail outlets or bulk pu rchaser

- consumer facilities, shall, for each such final blend,

determine the oxygen content and volume of the final

blend prior to its leaving the oxygen blending facility, by

collecting and analyzing a representative sample of gas oline taken from the final blend, using methodology set

forth in section 2263.

(h) Downstream blending of California gasoline with

nonoxygenate blendstocks.

(1) Basic prohibition. No person may combine Cal ifornia

gasoline which has been supplied from a production or

import facility with any nonoxygenate blendstock, other

than vapor recovery condensate, unless the person can

affirmatively demonstrate that (1) the blendstock that is

added to the California ga soline meets all of the California

gasoline standards without regard to the properties of the

gasoline to which the blendstock is added, and (2) the

person meets with regard to the blendstock all requir ements in this subarticle applicable to producers of C al ifornia gasoline.

(2) Exceptions.

(A) Protocols.Notwithstanding section (i)(1), the exec utive officer may enter into a written protocol with any

person to identify conditions under which the person may

lawfully blend transmix into California gasoline which has been supplied from its production or import facility. The

executive officer may only enter into such a protocol if he

or she reasonably determines that alternatives to the

blending are not practical and the blending will not si gnificantly affect the properties of the California gasoline

into which the transmix is added. Any such protocol shall

include the person's agreement to be bound by the terms of

the protocol.

(B) Blending to meet a cap limit.Not withstanding, section

(i)(1), a person may add nonoxygenate blendstock to Ca lifornia gasoline that does not comply with one or more of

the applicable cap limits contained in section 2262, where

the person obtains the prior approval of the executive o fficer based on a demonstration that adding the blendstock

is a reasonable means of bringing the gasoline into co mpliance with the cap limits.

(i) Restrictions during the RVP season on blending gas oline containing ethanol with California gasoline not co ntainin g ethanol.

(1) Basic prohibition. Within each air basin during the

Reid vapor pressure cap limit periods specified in section

2262.4(a)(2), no person may combine California gasoline

produced using ethanol with California gasoline produced

without using ethanol, unle ss the person can affirmatively

demonstrate that: (A) the resulting blend complies with the

cap limit for Reid vapor pressure set forth in section 2262,

or (B) the person has taken reasonably prudent precautions

to assure that the gasoline is not subject t o the Reid vapor

pressure cap limit either because of sections 2261(d) or (f)

or 2262.4(c)(1) or (c)(3), or because the gasoline is no

longer California gasoline.

(2) Exception. Section 2266.5(i)(1) does not ap ply to

combining California gasolines that are in a motor v ehicle's fuel tank.

< 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, 43021 and 43101, Health

and Safety Code; andWestern Oil and Gas Ass'n. v.Orange

County Air Pollution Control District, 14 Cal.3d 411, 12113 CA ADC § 2266.5 Page 10

13 CCR s 2266. 5

Cal. Admin. Code tit. 13 , s 2266. 5

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Cal. Rptr. 249 (1975).

HISTORY

1. New section filed 2

- 28

- 96; operative 2

- 28

- 96 pursuant to Government Code

section 11343.4(d) (Register 96, No. 9).

2. Editorial correction of subsection (a)(1) (Register 2000, No. 31).

3. Amendment of section and Not efiled 8

- 3

- 2000; operative 9

- 2

- 2000 (Register

2000, No. 31).

4. Amendment filed 8

- 20

- 2001; operative 8

- 20

- 2001 pursuant to Government

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

5. Amendment filed 12

- 24

- 2002; operative 12

- 24

- 2002 pursuant to Goverment Code

section 11343.4 (Register 2002, No. 52).

6. Amendment of subsection (h)(2) and redesignation and amendment of former

subsections (h)(2)

- (3) to subsections (h)(2)(A)

- (B) filed 5

- 1

- 2003; operative

5

- 1

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

18).

13 CA ADC s 2266. 5

END OF DOCUMENT