13 CA ADC § 2259 Page 1

13 CCR s 2259

Cal. Admin. Code tit. 13, s 2259

© 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 1. GASOLINE STANDARDS THAT 

BECAME APPLICABLE BEFORE 1996

This database is current through 12/26/2003, Register 

2003, No. 52.

s 2259. Exemptions for Motor Vehicle Fuels Used in Test 

Programs.

(a)(1) Any person may request an exemption for fuel used 

in a test program by submitting an application to the executive officer that includes all the information listed in 

paragraphs (c), (d), (e), and (f) of this section.

(2) For the purpose of this section, "fuel requirement" 

means any requirement for a motor vehicle fuel established 

in Chapter 5 (Standards for Motor Vehicle Fuels) of Division 3, Title 13, California Code of Regulations.

(3) For the purpose of this section, "exemption" means an 

exemption from one or more fuel requirements that is 

granted by the executive officer for the purpose of research, motor vehicle or engine emissions certification, 

fuel certification or registration, or fuel additive certification or registration.

(4) For the purpose of this section, "test track" means a 

roadway that is closed to the general public, is used to test 

motor vehicles or motor vehicle fuels, and is not used to 

transport persons or property.

(b)(1) In order for an exemption to be granted, the applicant must demonstrate the following:

(A) The proposed test program has a purpose that constitutes an appropriate basis for exemption;

(B) The proposed test program necessitates the granting of 

an exemption;

(C) The proposed test program exhibits reasonableness in 

scope; and

(D) The proposed test program exhibits a degree of control 

consistent with the purpose of the program and the state 

board's monitoring requirements.

(2) Paragraphs (c), (d), (e), and (f) of this section describe 

what constitutes a sufficient demonstration for each of the 

four elements in paragraphs (b)(1)(A) through (D) of this 

section.

(3) Within 20 days of receipt of an application for an 

exemption, the executive officer shall advise the applicant 

in writing either that the application is complete or that 

specified additional information is required to make it 

complete. Within 15 days of submittal of additional information, the executive officer shall advise the applicant 

in writing either that the information submitted makes the 

application complete or that specified additional information is still required to make it complete. Within 20 days 

after the application is deemed complete, the executive 

officer shall grant or deny the application. Any denial shall 

be accompanied by a written statement of the reasons for 

denial.

(c) An appropriate purpose is limited to research, motor 

vehicle or engine emissions certification, fuel certification 

or registration, or fuel additive certification or registration. 

The exemption application must include a concise statement of the purpose(s) of the proposed test program.

(d) With respect to the necessity for an exemption, the 

applicant must identify each specific fuel requirement that 

would be violated by the test program, and demonstrate an 

inability to achieve the stated purpose in a practical manner 

without violating the identified fuel requirement(s). If any 

site of the proposed test program is located in an area that is 

classified as a nonattainment area for purposes of a state or 

federal ambient air quality standard, and the fuel requirement that would be violated is designed to reduce emissions of the pollutant, or a precursor of the pollutant, for 

which the area is classified as a nonattainment area, the 

applicant must also demonstrate a practical inability to 

perform the test program in an area that is in attainment 

with respect to that pollutant.

(e) With respect to reasonableness, a test program must 
13 CA ADC § 2259 Page 2

13 CCR s 2259

Cal. Admin. Code tit. 13, s 2259

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

exhibit a duration of reasonable length, affect a reasonable 

number of vehicles or engines, and utilize a reasonable 

amount of noncomplying fuel. In this regard, the application for exemption must include:

(1) An estimate of the program's duration;

(2) An estimate of the maximum number of vehicles or 

engines involved in the program;

(3) The time or mileage duration of the test program;

(4) The range of the noncomplying properties of the fuel 

expected to be used in the program, and

(5) The quantity of fuel which exceeds the applicable 

standard that is expected to be used in the program.

(f)With respect to control, a program must be capable of 

affording the executive officer a monitoring capability. At 

a minimum, the application for exemption must also include:

(1) The technical nature of the test program;

(2) The site(s) of the program (including the street address, city, county, and zip code);

(3) The manner in which information on vehicles and 

engines used in the program will be recorded and made 

available to the executive officer;

(4) The manner in which results of the program will be 

recorded and made available to the executive officer;

(5) The manner in which information on the fuel used in 

the test program (including noncomplying properties, 

name, address, telephone number, and contact person of 

supplier, quantity, date received from the supplier) will be 

recorded and made available to the executive officer;

(6) The manner in which the distribution pumps will be 

labeled to insure proper use of the test fuel;

(7) The name, address, telephone number and title of the 

person(s) in the organization requesting an exemption from 

whom further information on the request may be obtained; 

and

(8) The name, address, telephone number and title of the 

person(s) in the organization requesting an exemption who 

will be responsible for recording and making the information specified in paragraphs (f)(3), (4), and (5) of this section available to the executive officer and the location in 

which such information will be maintained.

(g) An exemption shall be granted by the executive officer 

upon a demonstration that the requirements of paragraphs 

(b), (c), (d), (e) and (f) of this section have been met. The 

exemption will be granted in the form of memorandum of 

exemption signed by the applicant and the executive officer (or his delegate), which shall include such terms and 

conditions as the executive officer determines necessary to 

monitor the exemption and to carry out the purpose of this 

section. Any violation of such term or condition shall cause 

the exemption to be void.

(h) No fuel requirement shall apply to fuel used for an 

engine or vehicle dynamometer test, or to fuel used in the 

testing of motor vehicles or motor vehicle fuels on a test 

track.

<General Materials (GM) - References, Annotations, or 

Tables>

Note: Authority cited: Sections 39600, 39601, 43013, 

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, 39500, 

39515, 39516, 41511, 43000, 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 2-15-95; operative 2-15-95 pursuant to Government Code

section 11343.4(d) (Register 95, No. 7).

13 CA ADC s 2259 END OF DOCUMENT
13 CA ADC § 2259 Page 3

13 CCR s 2259

Cal. Admin. Code tit. 13, s 2259

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