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 12/26/08, Register

2008, No. 52

§ 2261. Applicability of Standards; Additional Standards.

(a) Applicability of the CaRFG Phase 2 Standards.

(1)(A) Unless otherwise specifically provided, the CaRFG Phase 2 cap limit standards set forth in section 2262,

and the CaRFG Phase 2 cap limit compliance requirements in sections 2262.3(a), 2262.4(a), and 2262.5(a)

and (b), shall apply:

1. starting April 15, 1996 to all sales, supplies, offers

or movements of California gasoline except for transactions directly involving:

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

bulk purchaser-consumer facility, or

b. the delivery of gasoline from a bulk plant to a retail outlet or bulk purchaser-consumer facility, and

2. starting June 1, 1996 to all 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.

(B) The remaining CaRFG Phase 2 standards and requirements contained in this subarticle shall apply to all

sales, supplies, or offers of California gasoline occurring on or after March 1, 1996.

(2) The CaRFG Phase 2 cap limit standards in section

2262 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 pertinent

standard was caused by gasoline delivered to the retail

outlet or bulk purchaser-consumer facility prior to April

15, 1996, or delivered to the retail outlet or bulk purchaser-consumer facility directly from a bulk plant prior

to June 1, 1996.

(b) Applicability of the CaRFG Phase 3 Standards.

(1)(A) Unless otherwise specifically provided, the CaRFG Phase 3 cap limit standards set forth in section 2262,

and the CaRFG Phase 3 cap limit compliance requirements in 2262.3(a), 2262.4(a), and 2262.5(a) and (b),

shall apply starting December 31, 2003. The CaRFG

Phase 3 benzene and sulfur content cap limit standards

in section 2262, and the CaRFG Phase 3 benzene and

sulfur content cap limit compliance requirements in

2262.3(a), shall apply:

1. starting December 31, 2003 (for the benzene content cap limit and the 60 parts per million sulfur content

cap limit), December 31, 2005 (for the 30 parts per million sulfur content cap limit), and December 31, 2011

(for the 20 parts per million sulfur content cap limit) to

all sales, supplies or offers of California gasoline from

the production facility or import facility at which it was

produced or imported.

2. starting February 14, 2004 (for the benzene content cap limit and the 60 parts per million sulfur content

cap limit), February 14, 2006 (for the 30 parts per million sulfur content cap limit), and February 14, 2012

(for the 20 parts per million sulfur content cap limit) to

all sales, supplies, offers or movements of California

gasoline except for transactions directly involving:

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

bulk purchaser-consumer facility, or

b. the delivery of gasoline from a bulk plant to a retail outlet or bulk purchaser-consumer facility, and

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3. starting March 31, 2004 (for the benzene content

cap limit and the 60 parts per million sulfur content cap

limit), March 31, 2006 (for the 30 parts per million sulfur content cap limit), and March 31, 2012 (for the 20

parts per million sulfur content cap limit) to all 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.

(B) The remaining CaRFG Phase 3 standards and

compliance requirements contained in this subarticle

shall apply to all sales, supplies, or offers of California

gasoline occurring on or after December 31, 2003.

(2) The CaRFG Phase 3 benzene and sulfur content cap

limit standards in section 2262 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 pertinent standard was caused by gasoline delivered to the retail outlet or bulk purchaser-consumer facility prior to February 14, 2004 (for the benzene content limit and the 60 parts per million sulfur

content limit), February 14, 2006 (for the 30 parts per

million sulfur content limit), or February 14, 2012 (for

the 20 parts per million sulfur content limit) or delivered to the retail outlet or bulk purchaser-consumer

facility directly from a bulk plant prior to March 31,

2004 (for the benzene content limit and the 60 parts per

million sulfur content limit), March 31, 2006 (for the 30

parts per million sulfur content limit), or March 31,

2012 (for the 20 parts per million sulfur content limit).

(3) Early Compliance with the CaRFG Phase 3 Standards Before December 31, 2003.

(A) Any producer or importer wishing to supply from

its production or import facility, before December 31,

2003, any final blends of gasoline subject to the CaRFG

Phase 3 standards instead of the CaRFG Phase 2 standards may notify the executive officer of its wish to do

so. The notification shall include all of the following:

1. The approximate date by which it intends to begin

supplying from its production or import facility gasoline

complying with the CaRFG Phase 3 standards if permitted to do so;

2. A reasonably detailed demonstration of the producer's or importer's ability and plans to begin supplying

from its production or import facility substantial quantities of one or more grades of gasoline meeting the

CaRFG Phase 3 standards on or after the date specified;

(B)1. Within 15 days of receipt of a request under

section 2261(b)(3)(A), the executive officer shall notify

the producer or importer making the request either that

the request is complete, or specifying what additional

information is necessary to make the request complete.

2. Within 15 days of notifying the producer or importer that the request is complete, the executive officer

shall either grant or deny the request. If the request is

granted the executive officer shall specify the date on

which producers and importers may start to supply from

their production or import facilities final blends that

comply with the CaRFG Phase 3 standards. The executive officer shall grant the request if he or she determines

it is reasonably likely that the producer or importer

making the request will start supplying substantial

quantities of one or more grades of gasoline complying

with the CaRFG Phase 3 standards reasonably soon

after the date specified. If the executive officer denies

the request, he or she shall provide the producer or importer with a written statement explaining the reason for

denial.

3. Upon granting a request made under section

2261(b(3)(A), the executive officer shall notify interested parties of the date on which (i) producers and importers will be permitted to start supplying final blends

of gasoline complying with the CaRFG Phase 3 standards, and (ii) the CaRFG Phase 2 cap limits for RVP

and aromatics will become 7.20 psi and 35.0 volume

percent respectively for gasoline downstream of the

production or import facility. This notification shall be

made by posting the pertinent information on the state

board's Internet site, providing electronic mail notification to all persons subscribing to the state board's FuelsGeneral Internet electronic mail list, and mailing notice

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to all persons registered as motor vehicle fuel distributors under Health and Safety Code section 43026.

4. With respect to all final blends supplied from a

production or import facility from the day specified by

the executive officer in granting a request made under

section 2261(b)(3)(A) through December 30, 2003, any

producer or importer may comply with the CaRFG

Phase 3 standards that apply starting December 31,

2003 as an alternative to the CaRFG Phase 2 standards.

Whenever a producer or importer is supplying a final

blend subject to the CaRFG Phase 3 standards pursuant

to this section 2261(b)(3)(B)4., any notification required by sections 2264.2 or 2265(a) shall indicate that

the final blend is subject to the CaRFG Phase 3 standards. When it is sold or supplied from the production or

import facility, no such final blend may contain MTBE

in concentrations greater than 0.60 volume percent, or

contain a total of more than 0.10 weight percent oxygen

collectively from all of the oxygenates identified in section 2262.6(c)(4) that have not received a determination

by the California Environmental Council as described in

section 2262.6(c)(1).

(4) Early compliance with the CaRFG Phase 3 Amendments (Emissions Associated with Permeation) Before

December 31, 2009.

(A) Any producer or importer that produces gasoline

electing to supply from its production or import facility,

before December 31, 2009, any final blends of gasoline

subject to the "California Procedures for Evaluating Alternative Specifications for Phase 3 Reformulated Gasoline Using the California Predictive Model," as corrected November 18, 2004 and last amended August 7,

2008, shall notify the Executive Officer of its wish to do

so. The notification shall include all of the information

listed in section 2261(b)(4)(E).

(B) Any producer or importer that produces gasoline

electing to supply from its production or import facility,

before December 31, 2009, any final blends of CARBOB subject to the "Procedures for Using the California

Model for California Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB)," as adopted

April 25, 2001, last amended August 7, 2008, shall notify the Executive Officer of its wish to do so. The notification shall include all of the information listed in section 2261(b)(4)(E).

(C) Any producer or importer electing to supply from

its production or import facility, before December 31,

2009, any final blends of gasoline subject to the "California Procedures for Evaluating Alternative Specifications

for Phase 3 Reformulated Gasoline Using the California

Predictive Model," as corrected November 18, 2004 and

last amended August 7, 2008, or to the "Procedures for

Using the California Model for California Reformulated

Gasoline Blendstocks for Oxygenate Blending

(CARBOB)," as adopted April 25, 2001, last amended

August 7, 2008, may elect to use either one of the two

compliance options (exhaust + evaporative emissions

model elements or the exhaust emissions model element

only) as defined in the "California Procedures for Evaluating Alternative Specifications for Phase 3 Reformulated Gasoline Using the California Predictive Model"

to certify alternative blends of gasoline. Beginning

December 31, 2009, only the first compliance option

(exhaust + evaporative emissions model elements) shall

be used during the RVP regulatory control periods in

section 2262.4(b)(2) and only the second compliance

option (exhaust emissions model element only) shall be

used outside of the RVP regulatory control period.

(D) Any producer or importer electing to use an alternative emission reduction plan or third party electing

to use a third party alternative emissions reduction plan,

before December 31, 2009, shall notify the Executive

Officer of its wish to do so. The notification shall include all of the information listed in section 2265.5.

(E) Notification.

1. The approximate date by which it intends to begin

supplying from its production or import facility gasoline

complying with the "California Procedures for Evaluating Alternative Specifications for Phase 3 Reformulated

Gasoline Using the California Predictive Model," as

corrected November 18, 2004 and last amended August

7, 2008 or the "Procedures for Using the California

Model for California Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB)," as adopted

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April 25, 2001, last amended August 7, 2008, referred

to as the amended Procedures Guides, if permitted to do

so;

2. A reasonably detailed demonstration of the producer's or importer's ability and plans to begin supplying

from its production or import facility substantial quantities of one or more grades of gasoline or CARBOB

meeting the amended Procedures Guides on or after the

date specified;

3. All of the information required pursuant to section

2265.5(b)(2).

(F)1. Within 15 days of receipt of a request under

section 2261(b)(4)(A) or (B), the Executive Officer

shall notify the producer or importer making the request

either that the request is complete, or specifying what

additional information is necessary to make the request

complete.

2. Within 15 days of notifying the producer or importer that the request is complete, the Executive Officer shall either grant or deny the request. If the request

is granted the Executive Officer shall specify the date

on which producers and importers that produce gasoline

may start to supply from their production or import facilities final blends that comply with the amended Procedures Guides. The Executive Officer shall grant the

request if he or she determines it is reasonably likely

that the producer or importer making the request will

start supplying substantial quantities of one or more

grades of gasoline or CARBOB complying with the

amended Procedures Guides reasonably soon after the

date specified. If the Executive Officer denies the request, he or she shall provide the producer or importer

with a written statement explaining the reason for denial.

3. Upon granting a request made under section

2261(b)(4)(A) or (B), the Executive Officer shall notify

interested parties of the date on which producers and

importers that produce gasoline will be permitted to

start supplying final blends of gasoline complying with

the amended Procedures Guides. This notification shall

be made by posting the pertinent information on ARB's

Internet site, providing electronic mail notification to all

persons subscribing to ARB's Fuels-General Internet

electronic mail list, and mailing notice to all persons registered as motor vehicle fuel distributors under Health

and Safety Code section 43026.

4. With respect to all final blends supplied from a

production or import facility from the day specified by

the Executive Officer in granting a request made under

section 2261(b)(4)(A) or (B) through December 30,

2009, any producer or importer that produces gasoline

may comply with the amended Procedures Guides that

apply starting December 31, 2009. Whenever a producer or importer that produces gasoline is supplying a final blend subject to the amended Procedures Guides

pursuant to this section 2261(b)(4)(F)4., any notification required by sections 2264.2 or 2265(a) shall indicate that the final blend is subject to the amended Procedures Guides. When it is sold or supplied from the

production or import facility, no such final blend may

result in emissions associated with permeation unless

those emissions are offset through the Predictive Model

or a valid AERP or third party AERP.

(G) AERPs and third party AERPs approved under

this section are subject to sections 2265.5(d)-(i).

(5) Early compliance with the CaRFG Phase 3 Amendments (PM Emissions Offsetting) Before December 31,

2009.

(A) Any producer or importer that produces gasoline

wishing to supply from its production or import facility,

before December 31, 2009, any final blends of gasoline

subject to section 2264.2(d), shall notify the Executive

Officer of its wish to do so. The notification shall include all of the following:

1. The approximate date by which it intends to begin

supplying from its production or import facility gasoline

complying with section 2264.2(d), if permitted to do so;

2. A reasonably detailed demonstration of the producer's or importer's ability and plans to begin supplying

from its production or import facility substantial quantities of one or more grades of gasoline meeting section

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2264.2(d) on or after the date specified;

3. All of the information required pursuant to section

2265.1(a)(2)(A).

(B)1. Within 15 days of receipt of a request under

section 2261(b)(5)(A), the Executive Officer shall notify the producer or importer making the request either

that the request is complete, or specifying what additional information is necessary to make the request

complete.

2. Within 15 days of notifying the producer or importer that the request is complete, the Executive Officer shall either grant or deny the request. If the request

is granted the Executive Officer shall specify the date

on which producers and importers that produce gasoline

may start to supply from their production or import facilities final blends that comply with section 2264.2(d).

The Executive Officer shall grant the request if he or

she determines it is reasonably likely that the producer

or importer making the request will start supplying substantial quantities of one or more grades of gasoline

complying with section 2264.2(d) reasonably soon after

the date specified. If the Executive Officer denies the

request, he or she shall provide the producer or importer

with a written statement explaining the reason for denial.

3. Upon granting a request made under section

2261(b)(5)(A), the Executive Officer shall notify interested parties of the date on which producers and importers that produce gasoline will be permitted to start supplying final blends of gasoline complying with section

2264.2(d). This notification shall be made by posting

the pertinent information on ARB's Internet site, providing electronic mail notification to all persons subscribing to ARB's Fuels-General Internet electronic mail list,

and mailing notice to all persons registered as motor

vehicle fuel distributors under Health and Safety Code

section 43026.

4. With respect to all final blends supplied from a

production or import facility from the day specified by

the Executive Officer in granting a request made under

section 2261(b)(5)(A) through December 30, 2009, any

producer or importer that produces gasoline may comply with section 2264.2(d) that applies starting December 31, 2009. Whenever a producer or importer that produces gasoline is supplying a final blend subject to section 2264.2(d) pursuant to this section 2261(b)(5)(B)4.,

any notification required by sections 2264.2 or 2265(a)

shall indicate that the final blend is subject to the PM

emissions offsetting provisions. When it is sold or supplied from the production or import facility, no such final blend may result in sulfur levels above the applicable standards unless those sulfur emissions are fully

offset as provided in section 2265.1.

(C) Any producer or importer that produces gasoline

that supplies from its production or import facility, before December 31, 2009, any final blends of gasoline

subject to section 2264.2(d), shall comply with section

2265.1.

(6) Ethanol Emission Reduction Plan (EERP)

(A) Applicability. This section shall apply to a producer or importer that produces gasoline that elects to use

an EERP or to a third party that elects to use a third

party EERP when all of the following conditions are

satisfied:

1. In the case of a third party EERP, the third party

has a contract or agreement to offset, in whole or in

part, the elevated emissions associated with increased

ethanol blending from the producer's or importer's gasoline.

2. With regard to a batch of gasoline that does not

meet the criteria for approval in the applicable Predictive Model Procedures, immediately prior to producing

or importing that batch, the producer or importer has reported its gasoline as a PM alternative gasoline formulation pursuant to section 2265(a),

3. But for the elevated emissions associated with increased ethanol blending, the PM alternative specifications would have met the criteria for approval in the applicable Predictive Model Procedures,

4. All measures to correct the emissions associated

with increased ethanol blending would result in an eco13 CA ADC § 2261 Page 5

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nomic hardship to the producer or importer and the benefit in allowing the producer or importer to use an

EERP is not outweighed by the public interest in enforcing the applicable Predictive Model Procedures,

5. The producer or importer is not subject to any outstanding requirements to provide offsets at the same

production facility or import facility pursuant to section

2264(c), and

6. The amount of ethanol blended into the final blend

may not exceed 10.0 volume percent denatured ethanol.

7. All EERPs and third party EERPs sunset on

December 30, 2009.

(B) Requirements.

1. Where the producer or importer that produces gasoline has reported its final blend of gasoline as a flat

limit formulation pursuant to section 2264.2(b), averaging limit formulation pursuant to section 2264.2(a),

PM alternative gasoline formulation pursuant to section

2265(a), or test-certified alternative gasoline formulation pursuant to section 2266(c), compliance with a valid EERP or third party EERP shall constitute compliance with the requirements of section 2262.3(b),

2262.3(c), 2265, or 2266, respectively.

2. An EERP or third party EERP application demonstrating compliance with this subsection shall contain at

a minimum all of the following information:

a. The company name, address, phone number, and

contact information,

b. The producer's or importer's name, batch name,

number or other identification, grade of California gasoline, and other information that uniquely identify the

California gasoline subject to the EERP or third party

EERP,

c. An explanation describing why the producer or

importer cannot eliminate the emissions associated with

increased ethanol blending by reformulation or reprocessing its gasoline,

d. The total emissions of oxides of nitrogen (NOx),

total ozone forming potential, and potency-weighted

toxics that would be associated with the use of California gasoline were the producer or importer to eliminate

the emissions associated with increased ethanol blending from its gasoline,

e. Documentation, calculations, emissions test data,

or other information that establishes the amount of

NOx, total ozone forming potential, and potencyweighted toxics associated with the producer's or importer's gasoline,

f. The emission reduction strategy(ies) for the EERP

or third party EERP and the date(s) that the offsets will

accrue and expire for each strategy,

g. The producer or importer's market share for the

fuel produced under the EERP or third party EERP,

h. Demonstration that the emission reduction

strategy(ies) in the EERP or third party EERP will result in equivalent or better emission benefits for NOx,

total ozone forming potential, and potency-weighted

toxics than would be achieved through elimination of

emissions associated with increased ethanol blending

from the gasoline for the same affected region and for

the period the EERP or third party EERP will be in effect, during and outside the RVP regulatory control

periods in section 2262.4(b)(2),

i. Demonstration that the emission reductions are

achieved in the general region where the fuel is sold,

j. The proposed recordkeeping, reporting, monitoring, and testing procedures that the producer or importer

plans to use to demonstrate continued compliance with

the EERP or third party EERP and achievement of each

increment of progress toward compliance,

k. Adequate enforcement provisions,

l. The projected volume of each final blend of California gasoline subject to the EERP or third party EERP

during the period the EERP or third party EERP will be

in effect,

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m. The period that the EERP or third party EERP

will be in effect,

n. A compliance plan that includes increments of

progress (specific events and dates) that describe periodic, measurable steps toward compliance during the

proposed period of the EERP or third party EERP,

o. The date by which the producer or importer plans

to discontinue using the EERP or third party EERP,

p. A statement, signed by a legal representative for

the producer or importer that all information submitted

with the EERP or third party EERP application is true

and correct, and

q. The producer's or importer's agreement to be

bound by the terms of the EERP or third party EERP.

r. In the case of a third party EERP, all of the above

including all of the following:

i. The third party's name, address, phone number,

and contact information,

ii. Documentation of the contract or agreement

between the third party and the producer or importer,

iii. Documentation of the amount of NOx, total

ozone forming potential, and potency-weighted toxics

(reported as tons/day and percentage of the total tons/

day) from the producer's or importer's gasoline that will

be offset by the third party EERP,

iv. A list of all EERPs and third party EERPs that

currently apply to the producer or importer,

v. A statement, signed by a legal representative for

the third party that all information submitted with the

third party EERP application is true and correct, and

vi. The third party's agreement to be bound by the

terms of the third party EERP.

3. Emission reduction calculations demonstrating

equivalence between the EERP or third party EERP and

elimination of the emissions associated with increased

ethanol blending from the gasoline shall only include

NOx, total ozone forming potential, and potencyweighted toxics emissions from California gasoline sold

or supplied in California.

4. A producer or importer wishing to participate in

an EERP may include one or more production facilities

or import facilities, but the producer or importer shall

only include such facilities that the producer or importer

owns or operates under their direct control. A third

party wishing to participate in a third party EERP may

include one or more production facilities or import facilities, but the third party shall only include such facilities with which the third party has a contract or agreement to offset emissions associated with permeation.

5. The emission reduction associated with the EERP

or third party EERP must be from combustion related

sources or gasoline related sources.

6. EERPs and third party EERPs may include, but

are not limited to:

a. Vehicle scrappage,

b. Offsetting emissions with lower emitting diesel

fuel batches,

c. Incentive grants for cleaner-than-required engines,

equipment and other sources of pollution providing

early or extra emission reductions.

7. Emission reductions included in an EERP or third

party EERP shall not include reductions that are otherwise required by any local, State, or federal rule, regulation, or statute, or that are achieved or estimated from

equipment not located within the region associated with

the EERP or third party EERP, or that are claimed under section 2265.1, or that are claimed under another

program, such as the Voluntary Accelerated Vehicle

Retirement or Carl Moyer program, or the result of

standard business practices that the producer or importer would have done without the EERP or third party

EERP.

8. The producer or importer subject to an approved

EERP or third party EERP shall maintain all records required to verify compliance with the provisions of the

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EERP or third party EERP in a manner and form specified by the Executive Officer in the approved EERP

or third party EERP. Required records may include, but

are not limited to, volume of California gasoline sold,

offered, or supplied to which the EERP or third party

EERP applies, and/or emissions test results. Such records shall be retained for a period of not less than five

(5) years and shall be submitted to the Executive Officer within 20 days in the manner specified in the approved EERP or third party EERP and upon request by

the Executive Officer.

9. Prior to selling, offering, or supplying a batch of

California gasoline with increased ethanol blending, the

producer or importer shall first have established sufficient offsets for the applicable emissions associated

with permeation. With the exception of offsets from

vehicle scrappage and incentive grants for cleanerthan-required engines, equipment, and other sources of

pollution, offsets shall expire at midnight on the day

they accrued.

(C) Application Process.

1. Applications for an EERP or third party EERP

shall be submitted in writing to the Executive Officer

for evaluation.

2. The application shall be accompanied by a fee of

$6,700.00 to cover the costs of processing the EERP or

third party EERP application. If the producer or importer withdraws the application before the 30-day comment

period, $4,100.00 of the fee shall be refunded.

3. The Executive Officer shall make available for

public review all documents pertaining to an EERP or

third party EERP application.

4. The Executive Officer will send a notice to subscribers of the Fuels listserv that a person has requested

the Executive Officer consider a request for an EERP or

third party EERP. The Executive Officer shall also

provide a copy of all such documents to each person

who has requested copies of the documents. Collectively, those persons on the Fuels listserv and those persons who have requested copies of the documents shall

be treated as interested parties.

5. After an EERP or third party EERP application

has been received and deemed complete, the Executive

Officer shall provide a 30-day public comment period to

receive comments on any element of the EERP or third

party EERP application. Any public comment addressing whether the Executive Officer should approve or

disapprove the EERP or third party EERP application

shall be based on the contents and merits of the application. No comment received by the Executive Officer

after the 30- day period will be considered. The Executive Officer shall send to subscribers of the Fuels listserv, and mail to those interested parties who have requested copies by mail, the following:

a. The identity of the applicant producer(s) or importer(s);

b. The start and end dates for the 30-day comment

period;

c. The address of the EERP internet site where the

application is posted; and,

d. Where and how to submit comments.

The Executive Officer shall post on the EERP internet site, send to subscribers of the Fuels listserv, and

mail to those interested parties who have requested copies by mail, notification of public comments received

during the 30-day comment period.

6. The Executive Officer may hold a public hearing

to accept public comments or decide the merits of the

application.

7. Final Action.

After the public comment period ends, the Executive

Officer may take final action to either approve or deny

the EERP or third party EERP application. The Executive Officer shall notify the producer or importer, post

on the ARB internet site, send to subscribers of the

Fuels listserv, and mail to those interested parties who

have requested copies by mail, of the final action.

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8. Notification to the Executive Officer of Changes

to information in the EERPorthird party EERP application.The producer or importer shall notify the Executive

Officer in writing within 30 days upon learning of any

information that would alter any information provided

in the EERP or third party EERP application.

(D) Revocation or Modification of an Approved

EERP or third party EERP.

1. With 30-days written notice to the producer or importer, the Executive Officer may revoke or modify, as

needed, an approved EERP in any of the following situations:

a. There has been more than one violation of the approved EERP or third party EERP,

b. The Executive Officer has reason to believe that

an approved EERP or third party EERP has been granted that no longer meets the criteria or requirements for

an EERP or third party EERP,

c. The producer or importer demonstrates that it can

no longer comply with the requirements of the approved

EERP or third party EERP in its current form,

d. The producer or importer demonstrates to the satisfaction of the Executive Officer that the continuation

of the EERP or third party EERP will result in economic hardship to the producer or importer, the producer or

importer submits a substitute plan in accordance with

section 2265.5(c) to offset any emissions not otherwise

offset by the EERP or third party EERP, and the Executive Officer approves the substitute plan, or

e. The producer or importer's facility modifications

and/or other means of eliminating emissions associated

with increased ethanol blending from its gasoline have

been completed.

2. The Executive Officer shall notify the producer or

importer, post on the EERP internet site, send to subscribers of the Fuels listserv, and mail to those interested parties who have requested copies by mail, of a

revocation or modification of an approved EERP or

third party EERP.

3. Any violations incurred pursuant to subsection (E)

shall not be cancelled or in any way affected by the subsequent cancellation or modification of an EERP or

third party EERP.

(E) Additional prohibitions.

1. No person may sell, offer, or supply California

gasoline that creates emissions associated with increased ethanol blending unless the producer or importer, or in the case of a third party EERP, the third party

has first been notified in writing by the Executive Officer that the EERP or third party EERP application has

been approved.

2. Failure to meet any requirement of this section or

any condition of an approved EERP or third party EERP

shall constitute a single, separate violation of this article

for each day until such requirement or condition is satisfied.

3. False reporting of any information contained in an

EERP or third party EERP application, or any supporting documentation or amendments thereto, shall constitute a single, separate violation of the requirements of

this article for each day that the approved EERP or third

party EERP is in effect.

4. Any net exceedance at any given time, taking into

consideration the amount of offsets and the gasoline

produced under the EERP or third party EERP, of NOx,

total ozone forming potential, or potency-weighted toxics during the period the EERP or third party EERP is in

effect shall constitute a single, separate violation of the

requirements of this article for each day the California

gasoline subject to the EERP or third party EERP is

sold, supplied, or offered in California.

5. Any of the following actions shall each constitute

a single, separate violation of the requirements of this

article for each day after the applicable deadline until

the requirement or condition is satisfied:

a. Failure to report data or failure to report data accurately in writing to the Executive Officer when required by this section or the approved EERP or third

party EERP;

13 CA ADC § 2261 Page 9

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b. False reporting of any information submitted to

the Executive Officer for determining compliance with

the EERP or third party EERP;

c. Failure to completely offset emissions, pursuant to

any offset reconciliation requirements in the EERP or

third party EERP, during the period the EERP or third

party EERP is in effect;

d. Sale, supply, or offer of volumes of California

gasoline which purportedly complies with the EERP or

third party EERP in excess of the approved EERP or

third party EERP.

6. Offsets shall not include offsets or other reductions that are otherwise required by any local, State, or

federal rule, regulation, or statute, or that are achieved

or estimated from California gasoline not produced in

the same air basin as the gasoline associated with the

EERP or third party EERP, or that are claimed under

section 2265.1.

(F) A cause of action against the producer or importer

or third party under this section shall be deemed to accrue on the date(s) when the records establishing a violation of the EERP or third party EERP are received by

the Executive Officer.

(G) Transferability.Rights to use, or protection under,

the EERP or third party EERP are non-transferable, unless such transfer is approved in writing by the Executive Officer.

(H) Notification of final blends associated with an

EERP or third party EERP

1. Except as otherwise provided, for each final

blend, the producer or importer shall notify the Executive Officer in writing, for receipt by the Executive Officer before the start of physical transfer of the gasoline

from the production facility or import facility, and in no

case less than 12 hours before the producer or importer

either completes physical transfer or commingles the final blend, with the following information:

a. The company name, address, phone number, and

contact information,

b. The production facility or import facility name,

batch name, number, or other identification, the blend

identity, grade of California gasoline, the location (with

sufficient specificity to allow ARB inspectors to locate

and sample the gasoline; this shall include, but is not

limited to, the name of the facility, address, and identification of the tank), and other information that

uniquely identifies the California gasoline subject to the

EERP or third party EERP,

c. The estimated volume (in barrels),

d. The identity of the EERP or third party EERP,

which was approved by the Executive Officer and the

NOx, total ozone forming potential, and potencyweighted toxics emission limits stated in that plan,

e. The PM alternative specifications for RVP, sulfur

content, benzene content, aromatics content, olefins

content, T50, T90, and oxygen content,

f. Documentation, calculations, emissions test data,

and other information that establishes the amount of

NOx, total ozone forming potential, and potencyweighted toxics associated with the final blend of California gasoline to which the EERP or third party EERP

applies,

g. A statement, signed by a legal representative for

the producer or importer that all information submitted

with the notification is true and correct, and

h. Within 24 hours after the start of the physical

transfer, the date and time of the start of physical transfer from the production facility or import facility.

2. A producer or importer may report an actual

volume that is less than the estimated volume, as long

as notification of the actual volume is received by the

Executive Officer no later than 48 hours after completion of the physical transfer of the final blend from the

production facility or import facility. If notification of

the actual volume is not timely received by the Executive Officer, the reported estimated volume shall be

deemed the reported actual volume. If the actual volume

is larger than initially estimated, the producer or importer shall revise the reported estimated volume by notify13 CA ADC § 2261 Page 10

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ing the Executive Officer no later than 24 hours after

completion of the physical transfer of the final blend

from the production facility or import facility.

(I) Notification of Increased Ethanol Blending Offsets

1.Vehicle scrappage.The producer or importer shall

notify the Executive Officer in writing as provided in

the EERP or third party EERP with all documentation,

calculations, emissions test data, and other information

that establishes the amount of NOx, total ozone forming

potential, and potency-weighted toxics associated with

the vehicle scrappage and the date(s) the offsets accrued.

2. Fuels.Except as otherwise provided, the producer

or importer shall notify the Executive Officer in writing

as provided in the EERP or third party EERP, for receipt by the Executive Officer before the start of physical transfer of the gasoline from the production facility

or import facility, and in no case less than 12 hours before the producer or importer either completes physical

transfer or commingles the final blend, with the information in subsection (H)1. as they relate to other batches

of California gasoline or diesel fuel used to offset the

emissions associated with increased ethanol blending.

3. Incentive grants. The producer or importer shall

notify the Executive Officer in writing as provided in

the EERP or third party EERP with all documentation,

calculations, emissions test data, and other information

that establishes the amount of NOx, total ozone forming

potential, and potency-weighted toxics associated with

the incentive grants for cleaner-than-required engines,

equipment and other sources of pollution providing

early or extra emission reductions and the date(s) the

offsets accrued.

4. Other reduction strategies.The producer or importer shall notify the Executive Officer in writing as

provided in the EERP or third party EERP with all documentation, calculations, emissions test data, and other

information that establishes the amount of NOx, total

ozone forming potential, and potency-weighted toxics

associated with the reduction strategy and the date(s)

the offsets accrued.

(7) Election allowing a producer or importer that produces gasoline to blend percentages of denatured ethanol into CARBOB that are higher than the common carrier pipeline specifications for oxygen and denatured ethanol until December 30, 2009.

(A) A producer or importer that produces gasoline

may elect to blend a higher volume of denatured ethanol

into CARBOB than the amount specified by the common carrier pipeline specification. The producer or importer that produces gasoline may elect to do such

blending after it supplies from its production or import

facility a CARBOB that concurrently meets the common carrier pipeline CARBOB specification and a

CARBOB PM formulation having oxygen and denatured ethanol ranges greater than the common carrier

pipeline specification. A producer or importer that produces gasoline may elect to do such blending before

December 31, 2009. A person may not elect to blend a

higher volume of denatured ethanol into CARBOB than

the amount specified by the common carrier pipeline

specification after December 30, 2009.

(B) In order to elect to blend higher volumes of denatured ethanol, the producer or importer must satisfy the

following requirements:

1. Notification for each elected final blend by the

producer or importer.For each final blend that the producer or importer elects to blend higher volumes of denatured ethanol, the producer or importer must notify

the Executive Officer. The notification must be consistent with the requirements specified in section 2266.5

and must include the following additional information:

a. Statement of election.A statement that the producer or importer is electing to have the final blend subject to the requirements of section 2261(b)(7);

b. CARBOB certification for pipeline specifications.

Information set forth in section 2266.5(b) demonstrating

that the CARBOB meets the current common carrier

pipeline specifications;

c. CARBOB certification for a wider range of oxy13 CA ADC § 2261 Page 11

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gen and oxygenate. Information set forth in section

2266.5(b) demonstrating that the same CARBOB identified in (B)1.b. meets a CARBOB PM formulation with

a wider range of oxygen and denatured ethanol. The

wider ranges must encompass the oxygen and denatured

ethanol ranges specified by the common carrier pipeline

specifications;

d. Volume of the final blend. The volume (gallons)

of CARBOB of the final blend. This information will be

replaced with the actual volume upon receipt of the producer's or importer's month end reconciliation report;

e. Final blend identification. The final blend identification number (batch number), grade of CARBOB,

production tank number, tank location, name of producer or importer, name and phone number of contact person;

f. Start of transfer. The estimated date that transfers

of the final blend from the production or import facility

will begin;

g. Bulk terminals.The name, address, and contact

person's name and phone number of oxygenate blending

facilities that the producer or importer has arranged for

blending at higher volumes of denatured ethanol.

2. Agreement with an oxygenate blender. Before a

producer or importer notifies an oxygenate blender to

blend higher volumes of denatured ethanol into CARBOB, the producer or importer must enter into a contractual agreement with the oxygenate blender stating

that the oxygenate blender agrees to be obligated by the

requirements in section (C) regarding the blending of

denatured ethanol into CARBOB, record keeping and

retention, and month end reconciliation notification to

CARB. The producer or importer must submit a copy of

the contractual agreement to the Executive Officer for

each oxygenate blending facility before notifying an

oxygenate blender to blend higher volumes of denatured

ethanol into CARBOB.

3. Notification to the oxygenate blender. After the

producer or importer notifies the Executive Officer of

its election in (B)1., the producer or importer may notify the oxygenate blender of the maximum volume percent of denatured ethanol to blend into CARBOB, the

maximum number of gallons of CARBOB that may be

blended with higher volumes of denatured ethanol, and

the start of blending date which blending higher

volumes of denatured ethanol may begin. The notification must include a statement that permission for blending higher volumes of denatured ethanol is in accordance with the producer's or importer's election in section

2261(b)(7). The notification must also include a statement that the oxygenate blender must not exceed the

volume percent of denatured ethanol, not exceed the

volume of CARBOB, not start blending higher volumes

of denatured ethanol before the start date, and not blend

higher volumes of denatured ethanol after December 30,

2009. The producer or importer may notify only oxygenate blenders located in the geographical area normally supplied by its production or import facility.

4. Month end reconciliation by the producer or importer. The producer or importer must notify the Executive Officer of the following. The notification shall be

received by the Executive Officer by the twentieth of

the month for all final blends elected by the producer or

importer in accordance with section 2261(b)(7)(B)1.,

which completed physical transfer of at least one

pipeline tender from the production or import facility

during the preceding calendar month. If the twentieth

occurs on a weekend or holiday, the notification shall

be received by the Executive Officer by the first business day after the twentieth of the month. The notification must include:

a. The final blend identification number;

b. With reference to each final blend identification

number:

i. The grade of CARBOB;

ii. The estimated volume (gallons) of CARBOB as

reported in (B)1.d.;

iii. For each discrete sale or supply of CARBOB:

I. The pipeline tender identification number;

13 CA ADC § 2261 Page 12

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II. The volume (gallons) of the pipeline tender;

III. The date that the pipeline tender started and

ended delivery from the production tank to the pipeline;

IV. The identification of the pipeline; and

V. The identification of the oxygenate blending facility that receive the pipeline tender;

iv. Actual volume (gallons) of CARBOB supplied

from the final blend; and

v. Date of completion of physical transfer of the last

pipeline tender of CARBOB from the final blend;

c. The sum of the volume (gallons) CARBOB listed

in section (B)4.b.iv. for each final blend identified in

section (B)4.a.;

d. Copies of each notification specified in section

(B)3.;

e. The volume (gallons) of CARBOB blended at a

higher volume of denatured ethanol than the amount

specified by the common carrier pipeline specifications

listed by each individual oxygenate blending facility.

The sum of the volume (gallons) from all oxygenate

blending facilities;

f. The opening balance at the beginning of the

month. The volume (gallons) of CARBOB qualified under this section 2261(b)(7) that was not blended at a rate

higher than common carrier pipeline specifications carried over from the previous calendar month. This

volume is available for blending at the higher rate; and

g. The ending balance at the end of the month. The

volume (gallons) calculated as follows:

The volume listed in section (B)4.f. plus the volume

listed in section (B)4.c. minus the sum of the volumes

in section (B)4.e..

This volume is available to carry over to the next

calendar month.

5. Whenever a producer or importer fails to provide

the notification in section (B)4., regarding a volume of

California gasoline or CARBOB in accordance with this

section (B)4., the volume of California gasoline or

CARBOB will be presumed to have been sold by the

person in violation of section (B)8..

6 .Averaging. A producer or importer may not elect

the provisions in section 2261(b)(7) if the producer or

importer is using the provisions of section 2264 for

Designated Alternative Limits or the provisions of section 2266.5(a)(5) for averaging. If the producer or importer is using the provisions in section 2261(b)(7) and

notifies the Executive Officer that it elects to use the

provisions of section 2264 or section 2266.5(a)(5), the

election of the provisions of section 2261(b)(7) shall

terminate and no further blending of higher volumes of

denatured ethanol into CARBOB may occur beyond the

date of such election. Any remaining volume (gallons)

that otherwise may be blended with higher volumes of

denatured ethanol are forfeited.

7. Start of oxygenate blending date. The start of oxygenate blending date is the date on which at least one

pipeline tender has completed physical transfer from the

production or import facility.

8. Producer's or importer's responsibilities. A producer or importer electing final blends in accordance with

section 2261(b)(7) is responsible for the activities at the

oxygenate blending facility involving blend a higher

volume of denatured ethanol. A producer or importer

may not blend or allow the blending of denatured ethanol at the oxygenate blending facility that:

a. Exceeds the volume available for blending at

higher rates as determined by the notifications identified

in section (B)1.;

b. Exceeds the denatured ethanol volume percent

designated by the producer or importer; or

c. Precedes the start of oxygenate blending date.

9. Producer or importer must specify denatured ethanol that meets the requirements in section

2262.9(a)(1).

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10. Recordkeeping by producers and importers. Each

producer or importer must compile and maintain records

that affirmatively demonstrate the production or import

and the sale or supply of all final blends elected under

section (B). The records must show, at a minimum:

a. Information regarding the production or import of

the final blend;

i. The final blend identification number;

ii. The grade of CARBOB;

iii. The CARBOB PM formulation that shows compliance with the common carrier pipeline specifications;

iv. The CARBOB PM formulation having oxygen

and denatured ethanol ranges greater than, and encompasses, the common carrier pipeline specification for

oxygen and denatured ethanol;

v. Volume of the blend;

vi. Tank number, location; and

vii. Date of notification to CARB of the final blend.

b. Information regarding sales or supply of the final

pipeline tender;

i. Pipeline tender identification number;

ii. Start and end date and time;

iii. Volume of the pipeline tender;

iv. Destination of the pipeline tender; and

v. Pipeline company name.

c. Copies of the notifications specified in section

(B)3. that the producer or importer sent to the oxygenate blender regarding oxygenate blending; and

d. Information regarding the reconciliation of gallons

of CARBOB certified for a wider range at the production or import facility and the gallons of CARBOB

blended with higher volumes of denatured ethanol at the

oxygenate blending facility.

11. Each producer or importer must provide to the

Executive Officer any such records within 20 days of

written request received from the Executive Officer or

his or her designee. Whenever a producer or importer

fails to provide records regarding a volume of California gasoline or CARBOB in accordance with this section (B)11., the volume of California gasoline or CARBOB will be presumed to have been sold by the person

in violation of section (A).

12. Nothing in section 2261(b)(7) shall be construed

to allow monthly averaging of volumes of CARBOB

blended at higher volumes of denatured ethanol at the

oxygenate blending facility.

(C) Oxygenate blender. An oxygenate blender that

has entered into a contractual agreement in accordance

with section (B)2. with a producer or importer may

blend higher volumes of denatured ethanol into CARBOB at it's oxygenate blending facility provided that:

1. The oxygenate blender complies with the instructions specified in section (B)3. from the producer or importer. The oxygenate blender must not exceed the maximum volume percent of denatured ethanol to blend into

CARBOB, the maximum volume (gallons) of CARBOB

that may be blend with higher volumes of denatured

ethanol, and must not begin such blending before the

start of oxygenate blending date.

2. Month end reconciliation by the oxygenate

blender. The oxygenate blender notifies the Executive

Officer of the following. The notification shall be received by the Executive Officer by the twentieth of the

month for all oxygenate blending related activities occurring at its facility during the preceding calendar

month. If the twentieth occurs on a weekend or holiday,

the notification shall be received by the Executive Officer by the first business day after the twentieth of the

month. If the oxygenate blender operates more than one

oxygenate blending facility, the information in the notification must be presented per facility. The notification

must include:

a. Information regarding the receipts of CARBOB.

The pipeline tender identification number of each re13 CA ADC § 2261 Page 14

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ceipt of CARBOB to the oxygenate blending facility by

pipeline or identification number of any receipt other

than pipeline. With reference to each receipt:

i. Grade of CARBOB;

ii. The volume (gallons) of the CARBOB pipeline

tender;

iii. The date the oxygenate facility began receiving

the CARBOB pipeline tender;

iv. Name of the supplier of the CARBOB; and

v. Identification number of the storage tank that received the CARBOB pipeline tender;

b. Information regarding the receipts of denatured

ethanol. The identification number or bill of lading

number of each receipt of denatured ethanol to the oxygenate blending facility. With reference to each receipt:

i. The volume (gallons) of denatured ethanol;

ii. The means by which the denatured ethanol was

delivered to the oxygenate blending facility (by truck,

rail car, etc.);

iii. The name of the supplier of the denatured ethanol;

iv. The date the denatured ethanol was received; and

v. Identification number of the storage tank that received the denatured ethanol;

c. Information regarding oxygenate blending. For

each day of the calendar month at the oxygenate blending facility (if the oxygenate blender is oxygenate

blending for more than one producer or importer, the information must be listed for each producer or importer):

i. The volume (gallons) of CARBOB that was blended with higher volumes of denatured ethanol (if more

than one producer or importer, identify the producer or

importer);

ii. The volume (gallons) of denatured ethanol that

was blended at the higher rate (if more than one producer or importer, identify the producer or importer);

iii. If blending denatured ethanol at two rates that are

higher than the common carrier pipeline specifications,

list the CARBOB volumes and the denatured ethanol

volumes for section c.i. and c.ii. separately for the two

rates;

iv. The volume (gallons) of CARBOB that was blended with denatured ethanol according to common carrier pipeline specifications;

v. The volume (gallons) of denatured ethanol that

was blended according to common carrier pipeline specifications;

d. Summary. Sums of the daily volumes (gallons)

listed in c.i, c.ii., c.iv., and c.v. for the calendar month.

3. Whenever the oxygenate blender fails to provide

the notification in section (C)2., regarding a volume of

California gasoline or CARBOB in accordance with

section (C)2., the volume of California gasoline or

CARBOB will be presumed to have been sold by the

person in violation of section (C)1.

4. Recordkeeping by the oxygenate blender. The

oxygenate blender compiles and maintains records that

affirmatively demonstrate the denatured ethanol blending activities at it's oxygenate blending facility. The

must records show, at a minimum:

a. All information regarding the receipt of each

pipeline tender of CARBOB;

b. All information regarding the receipt of each delivery of denatured ethanol;

c. All information regarding the daily oxygenate

blending activities at the rack. If the oxygenate blender

is oxygenate blending for more than one producer or

importer, the information must be listed for each producer or importer;

d. All notifications specified in section (B)3. from

the producer or importer to the oxygenate blender re13 CA ADC § 2261 Page 15

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garding oxygenate blending and any responses from the

oxygenate blender to the producer or importer;

e. The oxygenate blender shall provide to the Executive Officer any such records within 20 days of written

request received from the Executive Officer or his or

her designee. Whenever the oxygenate blender fails to

provide records regarding a volume of California gasoline or CARBOB in accordance with this section (C)4.,

the volume of California gasoline or CARBOB will be

presumed to have been sold by the person in violation

of section (C)1.

(D) Protocols.

1. Recordkeeping or reporting for producers or importers. The Executive Officer may enter into a written

protocol with any producer or importer for the purpose

of specifying alternative recordkeeping or reporting requirements to satisfy the requirements of sections (B)1.,

(B)2., (B)3., (B)4., (B)10., and (B)11.. The Executive

Officer may only enter into such a protocol if he or she

reasonably determines that application of the regulatory

requirements under the protocol are not less stringent or

enforceable than application of the express terms of sections (B)1., (B)2., (B)3., (B)4., (B)10., and (B)11. Any

such protocol shall include the producer's or importer's

agreement to be bound by the terms of the protocol.

2. Recordkeeping or reporting for oxygenate

blenders. The Executive Officer may enter into a written protocol with any oxygenate blender for the purpose

of specifying alternative recordkeeping or reporting requirements to satisfy the requirements of sections (C)2.,

and (C)4. The Executive Officer may only enter into

such a protocol if he or she reasonably determines that

application of the regulatory requirements under the

protocol are not less stringent or enforceable than application of the express terms of sections (C)2. and

(C)4. Any such protocol shall include the oxygenate

blender's agreement to be bound by the terms of the

protocol.

3. Notifications from producers or importers to oxygenate blenders. The Executive Officer may enter into a

written protocol with any producer or importer for the

purpose of specifying alternative notification requirements from the producer or importer to the oxygenate

blender to satisfy the requirements of section (B)3. The

Executive Officer may only enter into such a protocol if

he or she reasonably determines that application of the

regulatory requirements under the protocol are not less

stringent or enforceable than application of the express

terms of section (B)3. Any such protocol shall include

the producer's or importer's agreement to be bound by

the terms of the protocol.

4. Number of ethanol ranges for producers or importers. The Executive Officer may enter into a written

protocol with any producer or importer for the purpose

of specifying a different number of denatured ethanol

ranges to satisfy the requirements of section (H). The

Executive Officer may only enter into such a protocol if

he or she reasonably determines that application of the

regulatory requirements under the protocol are not less

stringent or enforceable than application of the express

terms of section (H). Any such protocol shall include

the producer's or importer's agreement to be bound by

the terms of the protocol.

(E) Proprietary pipeline. Nothing in this regulation

prohibits the use of this election in a producer's or importer's proprietary pipeline and terminaling system.

(F) Electing to use section 2261(b)(7) will not be

considered an act of changing from an initial to a new

type of CARBOB as described in section

2266.5(f)(1)(C).

(G) The provisions in this section 2261(b)(7) are not

specific or limited to the grade of CARBOB.

(H) Maximum of two ethanol blending levels. Producers or importers of each production or import facility

electing to use section 2261(b)(7) may designate up to

two levels of denatured ethanol when certifying its

CARBOB. For example, one mid-level of at about 7.7

v% and another level at about 10.0 v%.

(I)Use the same version of the Predictive Model.If

the producer or importer elects to have two levels of denatured ethanol, the producer or importer must use the

13 CA ADC § 2261 Page 16

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same version of the Predictive Model when evaluating

and reporting PM formulations to ARB.

(c) California gasoline sold or supplied on or after

March 1, 1996, is also subject to section 2253.4

(Lead/Phosphorus in Gasoline), section 2254

(Manganese Additive Content), and section 2257

(Required Additives in Gasoline). California gasoline

that is supplied from a small refiner's California refinery

prior to March 1, 1998, and that qualifies for treatment

under section 2272(a), shall also be subject to section

2250 (Degree of Unsaturation of Gasoline) and section

2252 (Sulfur Content of Gasoline).

(d) The standards contained in this subarticle shall not

apply to a sale, offer for sale, or supply of California

gasoline to a refiner if: (1) the refiner further processes

the gasoline at the refiner's refinery prior to any subsequent sale, offer for sale, or supply of the gasoline,

and (2) in the case of standards applicable only to producers or importers, the refiner to whom the gasoline is

sold or supplied is the producer of the gasoline pursuant

to section 2260(a)(26)(B).

(e) The prohibitions in sections 2262.3(b) and (c),

2262.4(b), and 2262.5(c) shall not apply to gasoline

which a producer or importer demonstrates was neither

produced nor imported by the producer or importer.

(f) This subarticle 2, section 2253.4 (Lead/Phosphorus

in Gasoline), section 2254 (Manganese Additive Content), and section 2257 (Required Additives in Gasoline) shall not apply to gasoline where the person selling,

offering or supplying the gasoline demonstrates as an

affirmative defense that the person has taken reasonably

prudent precautions to assure that the gasoline is used

only in racing vehicles.

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

Tables>

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

43013.1, 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, 39010, 39500, 39515, 39516, 41511, 43000,

43013, 43013.1, 43016, 43018, 43101 and 43830.8,

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 11-16-92; operative 12-16-92 (Register 92, No. 47). For

prior history, see Register 92, No. 4.

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

3. Amendment of subsection (b) and new subsection (e) filed 9-21-98; operative

9-21-98 pursuant to Government Code section 11343.4(d) (Register 98, No.

39).

4. Amendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register

2000, No. 31).

5. Amendment of subsection (f) filed 8-20-2001; operative 8-20-2001 pursuant

13 CA ADC § 2261 Page 17

13 CCR § 2261

Cal. Admin. Code tit. 13, § 2261

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
to Government Code section 11343.4 (Register 2001, No. 34).

6. Amendment filed 12-24-2002; operative 12-24-2002 pursuant to Government

Code section 11343.4 (Register 2002, No. 52).

7. Amendment of subsection (b)(3)(B)4. filed 5-1-2003; operative 5-1-2003

pursuant to Government Code section 11343.4 (Register 2003, No. 18).

8. Amendment of subsections (b)(1)(A)1.-2., (b)(1)(A)3. and (b)(2) and new

subsections (b)(4)-(b)(7)(I) filed 8-29-2008; operative 8-29-2008 pursuant to

Government Code section 11343.4 (Register 2008, No. 35).

13 CCR § 2261, 13 CA ADC § 2261

13 CA ADC § 2261

END OF DOCUMENT

13 CA ADC § 2261 Page 18

13 CCR § 2261

Cal. Admin. Code tit. 13, § 2261

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