13 CA ADC § 2270 Page 1

13 CCR s 2270

Cal. Admin. Code tit. 13 , s 2270

© 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 2270. Testing and Recordkeeping.

(a)(1) The requirements of this section (a) shall apply to each producer and importer that has elected to be subject to an averaging limit in section 2262, or to a PM averaging

limit. The references to sulfur content sh all apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for sulfur, or to a PM ave raging limit for sulfur. The references to benzene content shall apply to each producer or importer that has elected to

be s ubject to the section 2262 averaging limit for benzene, or to a PM averaging limit for benzene. The references to olefin content shall apply to each producer or importer that has elected to be subject to the sectio n 2262 averaging limit for olefin content, or to a PM averaging limit for olefin content. The reference to T90 shall apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for T90, or to a PM averaging limit

f or T90. The references to T50 shall apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for T50, or to a PM averaging limit for T50. The references to aromatic hydrocarbon content shall apply to each produc er or importer that has elected to be subject to the section 2262 averaging limit for aromatic hydrocarbon content, or to a PM averaging limit for ar omatic hydrocarbon content.

(2) Each producer shall sample and test for the sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 in each final blend of California gasoline which the producer has produced, by collecting and analyzing a representative sample of gasoline taken from the final blend, using the methodologies specified in section 22 63. If a producer blends gasoline components directly to pipelines, tankships, railway tankcars or trucks and trailers, the loading(s) shall be sampled and tested for the sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 by the producer or authorized contractor. The producer shall maintain, for two years from the date of each sampling, records showing the sample date, identity of blend sampled, container or other vessel sampled, final

blend volum e, sulfur, aromatic hydrocarbon olefin and benzene content, T50 and T90. All gasoline produced by the producer and not tested as California gasoline by the producer as required by this section shall be deemed to have a sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 exceeding the applicable averaging limit standards specified in section 2262, or exceeding the comparable PM averaging limits if applicable, unless the importer demonstrates that the gasoline meets those sta ndards and limit s.

(3) Each importer shall sample and test for the sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 in each final blend of California gasoline which the importer has imported by tankship, pipeline, railway tankcars, trucks and traile rs, or other means, by collecting and analyzing a representative sample of the gasoline, using the methodologies specified in section 2263. The importer shall maintain, for two years from the date of each sampling, records showing the sample date, product sa mpled, container or other vessel sampled, the volume of the final blend, sulfur content, aromatic hydrocarbon, olefin and benzene content, T50 and T90. All gasoline imported by the importer and not tested as California gasoline by the importer as require d by this section shall be deemed to have a sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 exceeding the applicable averaging

limits standards specified in section 2262, or exceeding the

comp arable PM averaging limit(s) if applicable, unless the importer demonstrates that the gasoline meets those sta ndards and limit(s).

(4) A producer or importer shall provide to the executive officer any records required to be maintained by the pr oducer or importer pursuant to this section 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 to be maintained. Whenever a pr oducer or importer fails to pro vide records regarding a final blend of California gasoline in accordance with the r equirements of this section, the final blend of gasoline shall be presumed to have been sold by the producer or importer in violation of the applicable averaging limit stan dards in13 CA ADC § 2270 Page 2

13 CCR s 2270

Cal. Admin. Code tit. 13 , s 2270

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. section 2262, or the PM averaging limit(s), to which the producer or importer has elected to be subject.

(5) The executive officer may enter into a protocol with any producer or importer for the purpose of specifying alternative sampling, testin g, recordkeeping, or reporting requirements which shall satisfy the provisions of sections (a)(2) or (a)(3). The executive officer may only enter into such a protocol if s/he reasonably determines that applic ation of the regulatory requirements under the p rotocol will

be consistent with the state board's ability effectively to enforce the averaging limit standards in section 2262, the averaging limit compliance requirements in section 2262.3(c), and the PM averaging limit(s). Any such pr otocol shall include the producer's or importer's agreement to be bound by the terms of the protocol.

(b)(1) For each final blend which is sold or supplied by a producer or importer from the party's production facility or import fac ility, and which contains volumes of gasoline that party has produced and imported and volumes that the party neither produced nor imported, the producer or i mporter shall establish, maintain and retain adequately o rganized records containing the following information:

(A) The volume of gasoline in the final blend that was not produced or imported by the producer or importer, the identity of the person(s) from whom such gasoline was acquired, the date(s) on which it was acquired, and the invoice represent ing the acquisition(s).

(B) The sulfur, benzene, aromatic hydrocarbon, olefin and benzene content, T50 and T90 of the volume of gasoline in the final blend that was not produced or imported by the producer or importer, determined either by (A) sampling

a nd testing, by the producer or importer, of the acquired gasoline represented in the final blend, or (B) written r esults of sampling and test of the gasoline supplied by the person(s) from whom the gasoline was acq uired.

(2) A producer or importer subject to this section (b) shall establish such records by the time the final blend triggering the requirements is sold or supplied from the production or import facility, and shall retain such records for two years

fro m such date. During the period of required retention, the producer or importer shall make any of the records avai lable to the executive officer upon request.

(c) In the event a producer or importer sells, offers for sale, or supplies, in California, gasoline which the producer claims is not California gasoline, such gasoline shall be presumed to exceed the standards that would be applicable pursuant to this su barticle if it was California gasoline. The producer or importer shall maintain, for two years from the date of any sale or supply of such gasoline, records d emonstrating that the gasoline was not California gasoline, or that it complied with all of the st andards of this suba rticle 2, when it was sold or supplied by the producer.

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Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 4 3101, 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 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).

HISTORY

1. New section filed 11

- 16

- 92; operative 12

- 16

- 92 ( Register 92, No. 47).

2. Amendment of subsections (a)(1)

- (5) and new subsection (c) filed 6

- 2

- 95; operative 7

- 3

- 95 (Register 95, No. 22).

3. Amendment of section and Note filed 8

- 3

- 2000; operative 9

- 2

- 2000 (Register
2000, No. 31).

4. Amendment of subsec tion (a)(3) filed 8

- 20

- 2001; operative 8

- 20

- 2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).13 CA ADC § 2270 Page 3

13 CCR s 2270

Cal. Admin. Code tit. 13 , s 2270

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. 5. Amendment of subsection (a)(1) filed 12

- 24

- 2002; operative 12

- 24

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

13 CA ADC s 2270

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