13 CA ADC § 2253.4 Page 1

13 CCR s 2253. 4

Cal. Admin. Code tit. 13 , s 2253. 4

© 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 1. GASOLINE STANDARDS THAT

BECAME APPLICABLE BEFORE 1996 This database is current through 12/26/2003, Regist er

2003, No. 52.

s 2253.4. Lead in Gasoline.

(a) Regulatory Standard.

(1) [Reserved]

(2) [Reserved]

(3) Starting January 1, 1994, no person shall sell, offer for sale, supply, or offer for supply any California gasoline:

(A) which is not represented as unleaded, or

(B) which has been produced with the use of any lead additive, or

(C) which contains more than 0.050 gram of lead per gallon or more than 0.005 gram of phosphorus per gallon,

except as prov ided in subsection (d).

(4) Starting January 1, 1992, no person shall transfer a consumer gasoline additive containing lead into the fuel tank of a motor vehicle, other than an exempt off

- road

motor vehicle.

(5) Starting January 1, 1992, no person shal l sell or offer for sale a consumer gasoline additive containing lead u nless the additive container bears a conspicuous legend that use of the additive in passenger cars and other on

- road vehicles is unlawful and can result in substantial penalties,

and un less the marketing of the additive is directed excl usively towards use in exempt off

- road motor vehicles and

nonvehicular sources. (b) Definitions.

For the purposes of this section:

(1) "California gasoline" means gasoline sold or intended

for sale as a motor vehicle fuel in California.

(2) "Consumer gasoline additive" means any gasoline additive which is designed or marketed to be dispensed into the gasoline tank used to fuel a ga soline engine.

(3) "Exempt off

- road vehicle" means any special co nstruction equipment as defined in sections 565 and 570 of the Vehicle Code, and any implement of husbandry as defined in sections 36000 et seq. of the Vehicle Code.

(4) "Gasoline" means any fuel which is commonly or commercially known or sold as gasoline, or which is a mixture of any fuel commonly known or sold as gasoline

and alcohol.

(5) "Lead additive" means any substance containing lead or leadcompounds.

(6) "Motor vehicle" has th e same meaning as defined in

section 415 of the Vehicle Code.

(7) "Retail outlet" means any establishment at which gasoline is sold or offered for sale to the general public for

use in motor vehicles other than e xempt off

- road vehicles.

(8) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation sy stem.

(c) Test Methods.

The lead content of gasoline shall be determined in a ccordance with American Society of Testing and Materials (ASTM) Method D3237

- 79, which is incorporated herein by reference. The phosphorous content of gasoline shall be

determined in accordance with ASTM Method D3231

- 73, which is incorporated herein by reference.

(d) Exemptions.13 CA ADC § 2253.4 Page 2

13 CCR s 2253. 4

Cal. Admin. Code tit. 13 , s 2253. 4

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Subsections (a)(1) and (3) shall not apply to California gasoline sold, offered from sale, supplied, or offered for supply by a person who demonstrates that:

(i) The gasoline is conspicuously identified as a fue l which may notlawfully be dispensed to motor vehicles other than exempt off

- road vehicles; and

(ii) He or she has taken reasonable precautions to assure that the gasoline will not be sold or offered for sale at a retail outlet; and

(iii) Either the ga soline is being directly dispensed into the fuel tank of an exempt off

- road vehicle, or the gasoline is the subject of a declaration under penalty of perjury by the purchaser, offeree or recipient stating that he or she will not sell, offer for sale, suppl y, or offer for supply the ga soline for use in motor vehicles other than exempt off

- road

vehicles.

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Note: Authority cited: Sections 39600, 39601, 43013, 430181 and 43101, Health and Safety Cod e; and Western Oil & Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Re ference: Sections 39000, 39001, 39002, 39003, 39500, 43000, 43013, 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 7

- 12

- 91; operative 8

- 12

- 91 (Register 91, No. 43).

2. Change without regulatory effect amending subsection (a)(3) filed 9

- 17

- 91 pursuant to section 100, title 1, California Code of Regulations (Register
92, No. 4).

3. Editorial correction of subsection (a)(1) (Register 95, No. 43).

4. Change without regulatory effect repealing subsections (a)(1) and (a)(2)

filed 3

- 18

- 96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 12).

13 CA ADC s 2253. 4

END OF DOCUMENT