13 CA ADC § 2262.6 Page 1

13 CCR s 2262.6

Cal. Admin. Code tit. 13, s 2262.6

© 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 VEHICLE 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 2262.6. Prohibition of MTBE and Oxygenates Other 

Than Ethanol in California Gasoline Starting December 

31, 2003.

(a)Basic MTBE prohibitions.

(1) Starting December 31, 2003, no person shall sell, offer 

for sale, supply or offer for supply California gasoline 

which has been produced at a California production facility 

in part by either (i) adding at the California production 

facility any methyl tertiary-butyl ether (MTBE) in neat 

form to the California gasoline or to a blending component 

used in the gasoline; or (ii) using a blending component 

that contained greater than 0.60 volume percent MTBE 

when it was supplied to the California production facility.

(2) No person shall sell, offer for sale, supply or offer for 

supply California gasoline which contains MTBE in concentrations greater than: 0.60 volume percent starting 

December 31, 2003, 0.30 volume percent starting July 1, 

2004, 0.15 volume percent starting December 31, 2005, 

and 0.05 volume percent starting July 1, 2007.

(b)Phase-in of MTBE prohibitions.

(1)Phase-in of MTBE prohibitions starting December 31, 

2003, and 2005.In the first year in which a prohibition 

applies under section 2262.6(a) starting on December 31, 

the prohibition shall be phased in as follows:

(A) Starting December 31, for all sales, supplies, or offers 

of California gasoline by a producer or importer from its 

production facility or import facility.

(B) Starting the following February 14, for all other sales, 

supplies, offers or movements of California gasoline except for transactions directly involving:

1. the fueling of motor vehicles at a retail outlet or bulk 

purchaser-consumer facility, or

2. the delivery of gasoline from a bulk plant to a retail 

outlet or bulk purchaser-consumer facility.

(C) Starting the following March 31, for all remaining 

sales, 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.

(2)Phase-in of MTBE prohibitions starting July 1, 2004 

and 2007. In the first year in which a prohibition applies 

under section 2262.6(a) starting on July 1, the prohibition 

shall be phased in as follows

(A) Starting July 1, for all sales, supplies, or offers of 

California gasoline by a producer or importer from its 

production facility or import facility.

(B) Starting the following August 15, for all other sales, 

supplies, offers or movements of California gasoline except for transactions directly involving:

1. the fueling of motor vehicles at a retail outlet or bulk 

purchaser-consumer facility, or

2. the delivery of gasoline from a bulk plant to a retail 

outlet or bulk purchaser-consumer facility.

(C) Starting the following October 1, for all remaining 

sales, 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.

(3)Phase-in for low-throughput fueling facilities.The 

prohibitions in section (a) starting respectively on December 31, 2003, July 1, 2004, December 31, 2005, and 

July 1, 2007, shall not apply to transactions directly involving the fueling of motor vehicles at a retail outlet or 

bulk purchaser-consumer facility, where the person sell-
13 CA ADC § 2262.6 Page 2

13 CCR s 2262.6

Cal. Admin. Code tit. 13, s 2262.6

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

ing, offering, or supplying the gasoline demonstrates as an 

affirmative defense that the exceedance of the standard 

was caused by gasoline delivered to the retail outlet or bulk 

purchaser-consumer facility prior to the date on which the 

delivery became subject to the prohibition pursuant to the 

phase-in provisions in section (b).

(c)Use of oxygenates other than ethanol or MTBE in 

California gasoline on or after December 31, 2003.

(1) Starting December 31, 2003, no person shall sell, offer 

for sale, supply or offer for supply California gasoline 

which has been produced at a California production facility 

with the use of any oxygenate other than ethanol or MTBE 

unless a multimedia evaluation of use of the oxygenate in 

California gasoline has been conducted and the California 

Environmental Policy Council established by Public Resources Code section 71017 has determined that such use 

will not cause a significant adverse impact on the public 

health or the environment.

(2) Starting December 31, 2003, no person shall sell, offer 

for sale, supply or offer for supply California gasoline 

which contains a total of more than 0.10 weight percent 

oxygen collectively from all of the oxygenates identified in 

section (c)(4).

(3) Starting July 1, 2004, no person shall sell, offer for 

sale, supply or offer for supply California gasoline which 

contains a total of more than 0.06 weight percent oxygen 

collectively from all of the oxygenates identified in section 

(c)(4).

(4)Covered oxygenates.Oxygen from the following oxygenates is covered by the prohibitions in section 

2262.6(c)(1), (2) and (3):

Methanol

Isopropanol

n-Propanol

n-Butanol

iso-Butanol

sec-Butanol

tert-Butanol

Tert-pentanol (tert-amylalcohol)

Ethyltert-butylether (ETBE)

Diisopropylether (DIPE)

Tert-amylmethylether (TAME)

(5) The prohibitions in section 2262.6(c)(1) and (2), and in 

section 2262.6(c)(3), shall be phased in respectively as 

follows:

(A) Starting December 31, 2003 and July 1, 2004 respectively for all sales, supplies, or offers of California gasoline 

by a producer or importer from its production facility or 

import facility.

(B) Starting February 14, 2004 and August 15, 2004 respectively for all other sales, supplies, offers or movements 

of California gasoline except for transactions directly involving:

1. the fueling of motor vehicles at a retail outlet or bulk 

purchaser-consumer facility, or

2. the delivery of gasoline from a bulk plant to a retail 

outlet or bulk purchaser-consumer facility.

(C) Starting March 31, 2004 and September 30, 2004 

respectively for all remaining sales, 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.

(6)Phase-in for low-throughput fueling facilities. The 

prohibitions in section 2262.6(c)(1) and (2), and in section 

2262.6(c)(3), starting respectively on December 31, 2003 

and July 1, 2004, shall not apply to transactions 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 demonstrates as an 

affirmative defense that the exceedance of the standard 

was caused by gasoline delivered to the retail outlet or bulk 

purchaser-consumer facility prior to the date on which the 

delivery became subject to the prohibition pursuant to the 

phase-in provisions in section 2262.6(c)(5).
13 CA ADC § 2262.6 Page 3

13 CCR s 2262.6

Cal. Admin. Code tit. 13, s 2262.6

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

<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, 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).

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

3. Amendment filed 9-21-98; operative 9-21-98 pursuant to Government Code

section 11343.4(d) (Register 98, No. 39).

4. Repealer and new section filed 8-3-2000; operative 9-2-2000 (Register 2000, 

No. 31).

5. Amendment of section heading and section filed 12-24-2002; operative 12-24-

2002 pursuant to Government Code section 11343.4 (Register 2002, No. 52).

6. Amendment filed 5-1-2003; operative 5-1-2003 pursuant to Government Code

section 11343.4 (Register 2003, No. 18).

13 CA ADC s 2262.6

END OF DOCUMENT