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 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 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 shall apply to each 

producer or importer that has elected to be subject to the 

section 2262 averaging limit for sulfur, or to a PM averaging limit for sulfur. The references to benzene content 

shall apply to each producer or importer that has elected to 

be subject 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 section 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 

for 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 producer 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 aromatic 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 2263. 

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 volume, 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 standards and limits.

(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 trailers, 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 sampled, 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 required 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 

comparable PM averaging limit(s) if applicable, unless the 

importer demonstrates that the gasoline meets those standards and limit(s).

(4) A producer or importer shall provide to the executive 

officer any records required to be maintained by the producer 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 producer or importer fails to provide records regarding a final 

blend of California gasoline in accordance with the requirements 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 standards in 
13 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, testing, 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 application of the regulatory requirements under the protocol 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 protocol 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 facility, and which contains volumes of gasoline 

that party has produced and imported and volumes that the 

party neither produced nor imported, the producer or importer shall establish, maintain and retain adequately organized 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 representing 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 

and testing, by the producer or importer, of the acquired 

gasoline represented in the final blend, or (B) written results of sampling and test of the gasoline supplied by the 

person(s) from whom the gasoline was acquired.

(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 

from such date. During the period of required retention, the 

producer or importer shall make any of the records available 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 subarticle 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 demonstrating that the gasoline was not California gasoline, 

or that it complied with all of the standards of this subarticle 2, when it was sold or supplied by the producer.

<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 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 subsection (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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