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

§ 2266.5. Requirements Pertaining to California Reformulated Gasoline Blendstock for Oxygen Blending

(CARBOB) and Downstream Blending.

(a) Application of the California gasoline standards to

CARBOB.

(1) Applicability of standards and requirements to

CARBOB. All of the standards and requirements in sections 2261, 2262, 2262.3, 2262.4, 2262.5(a), (b), (c) and

(e), 2262.6, 2264, 2264.2, 2265, 2266, 2267, 2268,

2270, 2271 and 2272 pertaining to California gasoline

or transactions involving California gasoline also apply

to CARBOB or transactions involving CARBOB.

Whenever the term "California gasoline" is used in the

sections identified in the preceding sentence, the term

means "California gasoline or CARBOB." Whenever

the term "gasoline" is used in section 2265(b)(1), the

term means "California gasoline or CARBOB."

(2) Determining whether a final blend of CARBOB

complies with the standards for California gasoline.

(A) General.

1. Applicability. This section (a)(2) governs the determination of whether a final blend of CARBOB complies with the standards for California gasoline that apply when the gasoline is sold or supplied from the production or import facility at which it was produced or

imported. Section (a)(6) governs the determination of

whether downstream CARBOB that has already been

supplied from its production or import facility complies

with the applicable cap limits for California gasoline.

2. Where a producer or importer has designated a final blend as CARBOB and has complied with all applicable provisions of this section 2266.5, the properties

of the final blend for purposes of compliance with sections 2262, 2262.3, 2262.4, 2262.5, 2262.6, 2265 and

2266 shall be determined in accordance with section

(a)(2)(B) or (a)(2)(C) as applicable.

3. If the producer or importer has not complied with

all applicable provisions of this section 2266.5, the

properties of the final blend for purposes of the producer's or importer's compliance with the limits for sulfur,

benzene, aromatic hydrocarbons, olefins, T50, T90, and

oxygen required by sections 2262.3, 2262.5, 2265 and

2266 shall be determined without using the CARBOB

Model or adding oxygenate to the gasoline, and compliance with the flat limits for Reid vapor pressure and

oxygenates required by sections 2262.4, 2262.6, 2265

and 2266 shall be determined in accordance with section (a)(2)(B) or (a)(2)(C) as applicable.

(B) Determining whether a final blend of CARBOB

complies with the standards for California gasoline by

use of the CARBOB Model.

1. A producer or importer may elect to have the

CARBOB model used in determining whether a final

blend designated as CARBOB complies with the standards applicable to California gasoline, by providing the

notice in section (b)(1)(C). In this case, the CARBOB

limits for the final blend shall be determined in accordance with 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, which is

incorporated by reference herein. The CARBOB's compliance with the assigned CARBOB limit for a property

shall constitute compliance with the corresponding finished gasoline limit - be it a section 2262 flat limit, PM

flat limit, TC limit, or (if no designated alternative limit

has been established) section 2262 or PM averaging

13 CA ADC § 2266.5 Page 1

13 CCR § 2266.5

Cal. Admin. Code tit. 13, § 2266.5

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limit. In addition, where the producer or importer has

elected to use the CARBOB model for a given final

blend that is not being transferred from its production or

import facility during the Reid vapor pressure control

period for that facility set forth in section 2262.4(a), the

final blend must have a Reid vapor pressure no lower

than the value used in the T50 CARBOB model.

2. Notwithstanding section (a)(2)(B)1., where a final

blend of CARBOB is sampled and analyzed by a state

board inspector in accordance with section 2263 using

the methodology in (a)(2)(C), the results may be used to

establish a violation of applicable standards for California gasoline.

(C) Determining whether a final blend of CARBOB

complies with the standards for California gasoline by

oxygenate blending and testing. Except as otherwise

provided in section (a)(2)(B), the properties of a final

blend of CARBOB shall be determined for purposes of

compliance with sections 2262, 2262.3, 2262.4, 2262.5,

2262.6, 2265, and 2266 by adding the specified type

and amount of oxygenate to a representative sample of

the CARBOB and determining the properties and characteristics of the resulting gasoline in accordance with

an applicable test method identified in section 2263(b)

or permitted under section 2263(c). Where the producer

or importer has in accordance with section (b)(1)(E)

designated a range for oxygen from denatured ethanol

of 1.8 wt.% to 2.2 wt.% (or a range that is within 1.8

wt.% and 2.2 wt.% and includes 2.0 wt.%), denatured

ethanol equal to 5.7 vol. % of the blended volume shall

be added; where the designated range for oxygen from

denatured ethanol is 2.5 wt.% to 2.9 wt.% (or is within

2.5 wt.% and 2.9% and includes 2.7 wt.%), denatured

ethanol equal to 7.7 vol.% of the blended volume shall

be added; and where the designated range for oxygen

from denatured ethanol is 3.3 wt.% to 3.7 wt.% (or is

within 3.3 wt.% and 3.7 wt.% and includes 3.5 wt.%),

denatured ethanol equal to 10.0 vol.% of the blended

volume shall be added. In all other cases where the designated range for oxygen from denatured ethanol is no

greater than 0.4 wt.%, the amount of denatured ethanol

added shall be the volume percent that results in an oxygen content at the midpoint of the range of oxygen,

based on the following equation:

Vol.% Denatured Ethanol = 620P [(218.8Pwt.% oxygen) - 0.40]

Where the producer or importer has in accordance

with section (b)(1)(E) designated a range of amounts of

oxygen that is greater than 0.4 wt.%, or an oxygenate

other than denatured ethanol, the oxygenate shall be added in an amount that results in an oxygen content within 0.2 wt.% of the designated minimum oxygen level.

(D) Characteristics of denatured ethanol used in determining whether a final blend of CARBOB complies

with the standards for California gasoline.

1. Default denatured ethanol characteristics on or

after December 31, 2003 when the CARBOB Model is

used. Except as provided in section (a)(2)(D)3., where a

producer or importer has elected to use the CARBOB

Model for a final blend of CARBOB supplied from its

production or import facility on or after December 31,

2003, the following default denatured ethanol specifications shall be specified for the CARBOB Model:

Sulfur content: 10 parts per million

Benzene content: 0.06 volume percent

Olefin content: 0.5 volume percent

Aromatic hydrocarbon content: 1.7 volume percent

2. Default denatured ethanol characteristics on or

after December 31, 2003 when the CARBOB Model is

not used. Except as provided in section (a)(2)(D)3.,

where a producer or importer has not elected to use the

13 CA ADC § 2266.5 Page 2

13 CCR § 2266.5

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CARBOB Model, denatured ethanol used as the oxygenate must have the following properties in determining whether CARBOB complies with the standards applicable to California gasoline when it is supplied from

the production facility or import facility on or after

December 31, 2003:

Sulfur content: 3-10 parts per million

Benzene content: 0-0.06 volume percent

Olefin content: 0-0.5 volume percent

Aromatic hydrocarbon content: 0-1.7 volume percent

3. Producer- or importer-specified characteristics of

denatured ethanol used in determining whether a final

blend of CARBOB complies with the standards for

California gasoline.

a. With respect to a final blend of CARBOB supplied from its production or import facility prior to

December 31, 2003, the producer or importer must specify the properties of the oxygenate used in determining

whether the final blend of CARBOB complies with the

applicable California gasoline standards, by providing

the notice in section (b)(1)(D). With respect to a final

blend of CARBOB supplied from its production or import facility on or after December 31, 2003, the producer or importer may elect to specify the properties of the

oxygenate in accordance with the preceding sentence.

Where the producer or importer has elected to use the

CARBOB model in connection with the final blend, the

maximum value for each property identified in the section (b)(1)(D) notification shall be used for the CARBOB Model. Where the producer or importer has not

elected to use the CARBOB model in connection with

the final blend, the oxygenate used in oxygenate blending and testing in accordance with section (a)(2)(C)1.

must not exceed the maximum value for each property

identified in the section (b)(1)(D) notification; that oxygenate's specifications for each property may be under

the maximum value for each property identified in the

section (b)(1)(D) notification by no more than the following:

Sulfur content: 5 parts per million

Benzene content: 0.06 volume percent

Olefin content: 0.1 volume percent

Aromatic hydrocarbon content: 1.0 volume percent

b. Maintaining oxygenate samples for use in compliance testing. A producer or importer who is specifying

the properties of the oxygenate used in a final blend of

CARBOB in accordance with the preceding section

(a)(2)(D)3.a. must maintain at the production or import

facility, while the final blend is at the facility, oxygenate meeting the required specifications in quantities that

are sufficient to enable state board inspectors to use the

oxygenate in compliance determinations.

(E) Protocol for determining whether a final blend of

CARBOB complies with the standards for California

gasoline. The executive officer may enter into a written

protocol with any individual producer or importer for

the purpose of specifying a alternative method for determining whether a final blend of CARBOB complies

with the standards for California gasoline, as long as the

executive officer reasonably determines that application

of the protocol is not less stringent or enforceable than

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13 CCR § 2266.5

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© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
application of the express terms of section

(a)(2)(A)-(D). Any such protocol shall include the producer's or importer's agreement to be bound by the

terms of the protocol.

(3) Calculating the volume of a final blend of CARBOB. Where a producer or importer has designated a final blend as CARBOB and has complied with all applicable provisions of this section 2266.5, the volume of

the final blend shall be calculated for all purposes under

section 2264 by adding the minimum designated

amount of the oxygenate having the smallest volume

designated by the producer or importer. If the producer

or importer has not complied with any applicable provisions of this section 2266.5, the volume of the final

blend for purposes of the refiner or producer's compliance with sections 2262, 2262.3, 2262.4, 2262.5,

2262.6, 2265 and 2266 shall be calculated without

adding the amount of oxygenate to the CARBOB.

(4) Specifications for a final blend of CARBOB when

the CARBOB model is not being used. A producer or

importer who has not elected to use the CARBOB model pursuant to section (a)(2)(B) with regard to a final

blend of CARBOB may not sell, offer for sale, supply

or offer for sale that final blend of CARBOB from its

production facility or import facility where the sulfur,

benzene, olefin or aromatic hydrocarbon content of the

CARBOB, when multiplied by (1 minus the designated

maximum volume percent, expressed as a decimal fraction, that the oxygenate will represent after it is added

to the CARBOB), results in a sulfur, benzene, olefin or

aromatic hydrocarbon content value exceeding the applicable limit for that property.

(5) Assignment of designated alternative limits for

CARBOB and for the oxygenated California gasoline

where the producer or importer has elected to use the

CARBOB model.

(A) Applicability. This section (a)(5) applies where a

producer or importer has elected to have the CARBOB

model apply in connection with a final blend of CARBOB which is also subject to an averaging compliance

option or a PM averaging compliance option for one or

more properties.

(B) Assignment of CARBOB designated alternative

limit. The producer or importer may assign a CARBOB

designated alternative limit for the final blend of CARBOB by satisfying the notification requirements of section (a)(5)(D). In no case shall a CARBOB designated

alternative limit be less than the sulfur, benzene, olefin

or aromatic hydrocarbon content, or T90 or T50, of the

final blend shown by the sample and test of the CARBOB conducted pursuant to section 2270. The CARBOB designated alternative limit shall be treated as the

designated alternative limit under section 2262.3(c)(2),

and a violation of section 2262.3(c)(2) will exist when

the CARBOB exceeds the CARBOB designated alternative limit.

(C) Determining the designated alternative limit for

the final blend after the CARBOB is oxygenated.

Whenever a producer or importer has assigned a designated alternative limit for a final blend of CARBOB, the

designated alternative limit for the final blend after the

CARBOB is oxygenated shall be determined in accordance with 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, which is

incorporated by reference herein. This will be the final

blend's designated alternative limit for purposes of compliance with sections 2262.3(c)(3) and 2264(b) and (c).

(D) Notification. The producer or importer shall notify the executive officer of the CARBOB designated alternative limit, the designated alternative limit for the

final blend after it is oxygenated, and all other information identified in section 2264(a)(2)(A), within the time

limits set forth in section 2264(a)(2)(A) and subject to

section 2264(a)(3) and (4).

(6) Determining whether downstream CARBOB complies with the cap limits for California gasoline.

(A) Determining whether downstream CARBOB

complies with the cap limits for California gasoline

through the use of CARBOB cap limits derived from

the CARBOB Model. Whenever downstream CARBOB

designated for ethanol blending has already been supplied from its production or import facility, the CAR13 CA ADC § 2266.5 Page 4

13 CCR § 2266.5

Cal. Admin. Code tit. 13, § 2266.5

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
BOB's compliance with the cap limits for California

gasoline may be determined by applying the CARBOB

cap limits in the following table:

Property CARBOB Cap Limits

CaRFG2 CaRFG3

Reid Vapor Pressure15.78 5.99

(pounds per square inch)

Sulfur Content 89 662

(parts per million by weight) 322

212

Benzene Content 1.33 1.22

(percent by volume)

Aromatics Content 33.1 38.7

(percent by volume)

Olefins Content 11.1 11.1

(percent by volume)

T50 23232323

(degrees Fahrenheit) 23732373

T90 335 335

(degrees Fahrenheit)

__________

1

The Reid vapor pressure standards apply only during the warmer weather months identified in section

2262.4.

2

The CaRFG Phase 3 CARBOB cap limits for sulfur are phased in starting December 31, 2003, December 31, 2005, and December 31, 2011, in accordance

with section 2261(b)(1)(A).

3

The first number applies to CARBOB that is subject to the Reid vapor pressure standard pursuant to section 2262.4, and the second number applies to CARBOB that is not subject to the Reid vapor pressure

standard.

(B) Determining whether downstream CARBOB

complies with the cap limits for California gasoline by

oxygenate blending and testing. Whenever downstream

CARBOB designated for oxygenate blending has

already been supplied from its production or import facility, the CARBOB's compliance with the cap limits

for California gasoline may be determined by adding

the specified type and amount of oxygenate to a representative sample of the CARBOB and determining the

properties and characteristics of the resulting gasoline

in accordance with an applicable test method identified

in section 2263(b) or permitted under section 2263(c).

Denatured ethanol used as the oxygenate must have the

properties set forth in section (a)(2)(D)2. Where the

designated range for oxygen from denatured ethanol is

1.8 wt.% and 2.2 wt.% (or is within 1.8 wt.% and 2.2

wt.% and includes 2.0 wt.%), denatured ethanol equal to

5.7 vol.% of the blended volume shall be added; where

the designated range for oxygen from denatured ethanol

is 2.5 wt.% and 2.9 wt.% (or is within 2.5 wt.% and 2.9

wt.% and includes 2.7 wt.%), denatured ethanol equal to

7.7 vol.% of the blended volume shall be added; and

where the designated range for oxygen from denatured

ethanol is 3.3 wt.% to 3.7 wt.% (or is within 3.3 wt.%

and 3.7 wt.% and includes 3/5 wt.%), denatured ethanol

equal to 10.0 vol.% of the blended volume shall be ad13 CA ADC § 2266.5 Page 5

13 CCR § 2266.5

Cal. Admin. Code tit. 13, § 2266.5

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ded. In all other cases where the designated range for

oxygen from denatured ethanol is no greater than 0.4

wt.%, the amount of denatured ethanol added shall be

the volume percent that results in an oxygen content at

the midpoint of the range of oxygen, based on the following equation:

Vol.% Denatured Ethanol = 620P [(218.8Pwt.% oxygen) - 0.40]

Where the designated a range of amounts of oxygen

is greater than 0.4 wt.%, or an oxygenate other than denatured ethanol is designated, the oxygenate shall be added in an amount that results in an oxygen content within 0.2 wt.% of the designated minimum oxygen level.

(C) Protocols. A person may enter into a protocol

with the executive officer for the purpose of identifying

more stringent specifications for the denatured ethanol

used pursuant to section (a)(6)(B), or different CARBOB cap limits under section (a)(6)(A), if the executive

officer reasonably determines that the specifications or

cap limits are reasonably premised on the person's program to assure that the denatured ethanol added to the

CARBOB by oxygenate blenders will meet the more

stringent specifications.

(b) Notification to ARB regarding the supply of CARBOB from the facility at which it was produced or imported.

(1) A producer or importer supplying a final blend of

CARBOB from the facility at which the producer or importer produced or imported the CARBOB must notify

the executive officer of the information set forth below,

along with any information required under section

2265(a)(2) (for a PM alternative gasoline formulation),

section 2265.1 (for a PM emissions offsetting formulation, applicable only to producers and importers that

produce gasoline), section 2265.5 (for an alternative

emission reduction plan, applicable only to producers

and importers that produce gasoline), or 2266(c) (for a

test-certified alternative gasoline formulation). The notification must be received by the executive officer before the start of physical transfer of the final blend of

CARBOB from the production 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.

(A) The identity and location of the final blend;

(B) The designation of the final blend as CARBOB;

(C) If the producer or importer is electing to use the

CARBOB model to determine whether the final blend

complies with the standards applicable to California

gasoline when it is supplied from the production facility

or import facility, a statement of that election and

1. Each of the CARBOB limits that will apply to the

final blend for properties not subject to the averaging

compliance option or the PM averaging compliance option; and

2. For any property subject to the averaging compliance option or the PM averaging compliance option, the

averaging or PM averaging limit for the CARBOB (the

CARBOB is subject to this limit only if no designated

alternative limit is assigned to the CARBOB pursuant to

section 2266.5(a)(5)(B));

(D) If the producer or importer is specifying, pursuant to section (a)(2)(D)3., the properties of the oxygenate to be added downstream by the oxygenate blender, a

statement of that election, the type of oxygenate, and

the oxygenate's specifications for the following properties:

Maximum sulfur content (nearest part per million by

weight)

Maximum benzene content (nearest hundredth of a

percent by volume)

Maximum olefin content (nearest tenth of a percent

by volume)

Maximum aromatic hydrocarbon content (nearest

tenth of a percent by volume)

(E) The designation of each oxygenate type or types

and amount or range of amounts to be added to the

CARBOB, and the applicable flat limit, PM alternative

13 CA ADC § 2266.5 Page 6

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specification, designated emissions offsetting limit, or

TC alternative specification for oxygen. The amount or

range of amounts of oxygenate to be added shall be expressed as a volume percent of the gasoline after the

oxygenate is added, in the nearest tenth of a percent.

For any final blend of CARBOB except one that is subject to PM alternative specifications, designated emissions offsetting limits, alternative emission reduction

plan, or TC alternative specifications, the amount of

oxygenate to be added must be such that the resulting

California gasoline will have a minimum oxygen content no lower than 1.8 percent by weight and a maximum oxygen content no greater than 2.2 percent by

weight. For a final blend of CARBOB that is subject to

PM alternative specifications or designated emissions

offsetting limits, the amount or range of amounts of

oxygenate to be added must be such that the resulting

California gasoline has an oxygen content that meets the

oxygen content PM alternative specification or designated emissions offsetting limits for the final blend. For

a final blend of CARBOB that is subject to TC alternative specifications, the amount or range of amounts of

oxygenate to be added must be such that the resulting

California gasoline has an oxygen content that meets the

oxygen content alternative specification for the final

blend.

(2)Applicability of notification to subsequent final

blends. The notification a producer or importer provides

pursuant to section (b)(1)(B), (C), (D) and (E) for a final blend of CARBOB shall apply to all subsequent final blends of CARBOB or California gasoline supplied

by the producer or importer from the same production

or import facility until the producer or importer designates a final blend at that facility as either (i) California

gasoline rather than CARBOB, or (ii) CARBOB subject

to a new notification made pursuant to section (b)(1).

(3) Allowance of late notifications. If, through no intentional or negligent conduct, a producer or importer cannot report within the time period specified in (b)(1)

above, the producer or importer may notify the executive officer of the required data as soon as reasonably

possible and may provide a written explanation of the

cause of the delay in reporting. If, based on the written

explanation and the surrounding circumstances, the executive officer determines that the conditions of this

section (b)(3) have been met, timely notification shall

be deemed to have occurred.

(4) Protocols. The executive officer may enter into a

written protocol with any individual producer or importer for the purpose of specifying how the requirements in

section (b)(1) shall be applied to the producer's or importer's particular operations, as long as the executive

officer reasonably determines that application of the

regulatory requirements under the protocol is not less

stringent or enforceable than application of the express

terms of section (b)(1). Any such protocol shall include

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

the terms of the protocol.

(c) [Reserved]

(d) Documentation required when CARBOB is transferred.

(1) Required Documentation. On each occasion when

any person transfers custody or title of CARBOB, the

transferor shall provide the transferee a document that

prominently:

(A) States that the CARBOB does not comply with

the standards for California gasoline without the addition of oxygenate,

(B) Identifies the applicable flat limit, PM alternative

specification, designated emissions offsetting limit, or

TC alternative specification for oxygen, and

(C) Identifies, consistent with the notification made

pursuant to section (b), the oxygenate type or types and

amount or range of amounts that must be added to the

CARBOB to make it comply with the standards for

California gasoline. Where the producer or importer of

the CARBOB has elected to specify the properties of

the oxygenate pursuant to section (b)(1)(D), the document must also prominently identify the maximum permitted sulfur, benzene, olefin and aromatic hydrocarbon

contents - not to exceed the maximum levels in the section (b)(1)(D) notification - of the oxygenate to be added to the CARBOB.

13 CA ADC § 2266.5 Page 7

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(2) Compliance by pipeline operator. A pipeline operator may comply with this requirement by the use of

standardized product codes on pipeline tickets, where

the code(s) specified for the CARBOB is identified in a

manual that is distributed to transferees of the CARBOB and that sets forth all of the required information

for the CARBOB.

(e) Restrictions on transferring CARBOB.

(1) Required agreement by transferee. No person may

transfer ownership or custody of CARBOB to any other

person unless the transferee has agreed in writing with

the transferor that either:

(A) The transferee is a registered oxygenate blender

and will add oxygenate of the type(s) and amount (or

within the range of amounts) designated in accordance

with section (b) before the CARBOB is transferred from

a final distribution facility, or

(B) The transferee will take all reasonably prudent

steps necessary to assure that the CARBOB is transferred to a registered oxygen blender who adds the type

and amount (or within the range of amounts) of oxygenate designated in accordance with section (b) to the

CARBOB before the CARBOB is transfered from a final distribution facility.

(2) Prohibited sales of CARBOB from a final distribution facility . No person may sell or supply CARBOB

from a final distribition facility where the type and

amount or range of amounts of oxygenate designated in

accordance with section (b) has not been added to the

CARBOB.

(f) Restrictions on blending CARBOB with other

products.

(1) Basic prohibition. No person may combine any

CARBOB that has been supplied from the facility at

which it was produced or imported with any other CARBOB, gasoline, blendstock or oxygenate, except:

(A) The specified oxygenate.

1. The CARBOB may be blended with oxygenate of

the type and amount (or within the range of amounts)

specified by the producer or importer at the time the

CARBOB was supplied from the production or import

facility.

2. Where ethanol is the specified oxygenate and specifications for the ethanol are identified in the product

transfer document for the CARBOB pursuant to section

2266.5(d)(1)(C), only ethanol meeting those specifications may be combined with the CARBOB.

3. Where ethanol is the specified oxygenate and specifications for the ethanol are not identified, only ethanol meeting the standards in section 2262.9(a) may be

combined with the CARBOB.

(B) Identically-specified CARBOB. The CARBOB

may be blended with other CARBOB for which the

same oxygenate type, and the same amount (or range of

amounts) of oxygen, was specified by the producer or

importer at the time the CARBOB was supplied from

the production or import facility. However, where specifications for the denatured ethanol to be added to the

CARBOB have been established pursuant to section

2266.5(a)(2)(D)3, it may only be blended with other

CARBOB for which the same denatured ethanol specifications have been set.

(C) CARBOB specified for different oxygen level.

Where a person is changing from an initial to a new

type of CARBOB stored in a storage tank at a terminal

or bulk plant, and the conditions below are met; in this

case, the CARBOB in the tank after the new type of

CARBOB is added will be treated as that new type of

CARBOB.

1. The change in service is for legitimate operational

reasons and is not for the purpose of combining the different types of CARBOB;

2. The initial and new CARBOBs are designated for

blending with different amounts (or ranges of amounts)

of oxygen, and the change in oxygen content will not

exceed 1.1 weight percent of the oxygenated gasoline

blend;

3. The volume of the new CARBOB that is added to

13 CA ADC § 2266.5 Page 8

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the tank is at least four times as large as the volume of

the initial CARBOB in the tank, and

4. The sulfur content of the new CARBOB added to

the tank is no more than 12 parts per million.

(D) California gasoline not subject to RVP standard.

Where a person is changing from California gasoline to

CARBOB as the product stored in a storage tank at a

terminal or bulk plant and the conditions below are met;

in this case the product in the tank, pipe or manifold

after the new product is added will be treated as the new

type of product.

1. The change in service is for legitimate operational

reasons and is not for the purpose of combining the

California gasoline and CARBOB and

2. The resulting blend of product in the tank is supplied from the terminal or bulk plant during a time that

it is not subject to the standards for Reid vapor pressure

under section 2262.4.

(E) Limited amounts of California gasoline containing ethanol. A person may add California gasoline containing ethanol to CARBOB at a terminal or bulk plant

if all of the following conditions are met, in which case

the resulting mixture will continue to be treated as

CARBOB.

1. The gasoline is added to the CARBOB for one of

the following operational reasons:

a. The gasoline resulted from oxygenating CARBOB

at the terminal or bulk plant during calibration of oxygenate blending equipment; or

b. The gasoline resulted from the unintentional overor under-oxygenation of CARBOB during the loading

of a cargo tank truck at the terminal or bulk plant; or

c. The gasoline was pumped out of a gasoline storage tank at a motor vehicle fueling facility for legitimate operational reasons.

2. The non-oxygenate portion of the gasoline complies with the applicable cap limits for CARBOB in section 2266.5(a)(6).

3. The resulting mixture of CARBOB has an oxygen

content not exceeding 0.1 percent by weight.

a. The oxygen content of the mixture may be determined arithmetically by [i] using the volume of the CARBOB prior to mixing based on calibrated tank readings,

[ii] using the volume of the gasoline added based on

calibrated meter readings, [iii] using the volume of the

denatured ethanol in the gasoline being added based on

direct calibrated meter readings of the denatured ethanol

if available, [iv] calculating weight percent oxygen of

the gasoline being added from volume percent denatured ethanol based on the following formula:

(wt.% oxygen)9 218.8/([620/(vol.% deEtOH)] +

0.40), and [v] accounting for any oxygen in the CARBOB tank due to previous additions of gasoline to the

tank.

b. If the meter readings described in section

2266.5(f)(1)(E)3.a.[iii] are not available, the oxygen

content of the mixture may be determined arithmetically

by [i] using the volume of the CARBOB prior to mixing

based on calibrated tank readings, [ii] using the volume

of the gasoline added based on calibrated meter readings, [iii] using the oxygen content of the gasoline in

weight percent based on sampling and testing of the

gasoline for denatured ethanol content in accordance

with methods specified in section 2263, and [iv] accounting for any oxygen in the CARBOB tank due to

previous additions of gasoline to the tank.

c. In making the determination described in section

2266.5(f)(1)(E)3.a. or b., the oxygen content of the mixture shall be calculated based on the following formula:

(wt.% oxygen)9 [(volume CARBOB)*(wt.% oxygen

in CARBOB) + (volume gasoline)* (wt.% oxygen in

gasoline] / [(volume CARBOB) + (volume gasoline)].

4. Prior to the mixing, the operator of the terminal or

bulk plant notifies the executive officer of the following:

a. The identity and location of the facility at which

13 CA ADC § 2266.5 Page 9

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the mixing will take place;

b. The operational reason for adding the gasoline into the CARBOB;

c. The projected percentage oxygen content of the

mixture.

5. The terminal or bulk plant operator maintains for

two years records documenting the information identified in section 2266.5(f)(1)(E)4, and makes them available to the executive officer upon request.

(2) Protocols.

(A) Protocols covering the changeover in service of a

storage tank. Notwithstanding section (f)(1), the executive officer may enter into a written protocol with any

person to identify conditions under which the person

may lawfully combine CARBOB with California gasoline or other CARBOB during a changeover in service of

a storage tank for a legitimate operational business reason. The executive officer may only enter into such a

protocol if he or she reasonably determines that commingling of the two products will be minimized as

much as is reasonably practical. Any such protocol shall

include the person's agreement to be bound by the terms

of the protocol.

(B) Protocols for blending transmix into CARBOB.

Notwithstanding section (f)(1), the executive officer

may enter into a written protocol with any person to

identify conditions under which the person may lawfully blend transmix into CARBOB which has been supplied from its production or import facility. The executive officer may enter into such a protocol only if he or

she reasonably determines that alternatives to the blending are not practical and the blending will not significantly affect the properties of the CARBOB gasoline into

which the transmix is added. Any such protocol shall include the person's agreement to be bound by the terms

of the protocol.

(C) Protocols In Other Situations. Notwithstanding

section (f)(1), the executive officer may enter into a

written protocol with any person to identify conditions

under which the person may lawfully add California

gasoline or other CARBOB to CARBOB in a storage

tank at a terminal or bulk plant in situations other than

those identified in sections 2266.5(f)(1)(C), (D), or (E),

or (f)(2)(A) or (B). The executive officer may enter into

such a protocol only if he or she reasonably determines

that alternatives to the activity are not practical and the

blending will not significantly affect the properties of

the CARBOB into which the gasoline or CARBOB is

added. The protocol shall include any of the conditions

in section 2266.5(f)(1)(E) that the executive officer determines are necessary and appropriate. Any such protocol shall include the person's agreement to be bound

by the terms of the protocol.

(g) Requirements for oxygenate blenders.

(1) Registration and Certification.

(A) Registration. Any oxygen blender must register

with the executive officer by March 1, 1996, or at least

20 days before blending oxygenates with CARBOB,

whichever occurs later. Thereafter, an oxygenate

blender must register with the executive officer annually by January 1. The registration must be addressed to

he attention of the Chief, Compliance Division, California Air Resources Board, P.O. Box 2815, Sacramento,

CA, 95812.

(B) Required contents of registration. The registration must include the following:

1. The oxygen blender's contact name, telephone

number, principal place of business which shall be a

physical address and not a post office box, and any other place of business at which company records are

maintained.

2. For each of the oxygen blender's oxygenate blending facilities, the facility name, physical location, contact name, and telephone number.

(C) Issuance of certificate. The executive officer shall

provide each complying oxygen blender with a certificate of registration compliance no later than June 30. The

certification shall be effective from no later than July 1,

through June 30 of the following year. The certification

shall constitute the oxygen blender's certification pursu13 CA ADC § 2266.5 Page 10

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Cal. Admin. Code tit. 13, § 2266.5

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ant to Health and Safety Code section 43026.

(D) Submittal of updated information. Any oxygen

blender must submit updated registration information to

the executive officer at the address identified in section

(g)(1)(A) within 30 days of any occasion when the registration information previously supplied becomes incomplete or inaccurate.

(2) Requirement to add oxygenate to CARBOB.

Whenever an oxygenate blender receives CARBOB

from a transferor to whom the oxygenate blender has

represented that he/she will add oxygenate to the CARBOB, the oxygenate blender must add to the CARBOB

oxygenate of the type(s) and amount (or within the

range of amounts) identified in the documentation accompanying the CARBOB. If the documentation identifies the permitted maximum sulfur, benzene, olefin and

aromatic hydrocarbon contents of the oxygenate, the

oxygenate blender must add an oxygenate that does not

exceed the maximum permitted levels.

(3) Additional requirements for terminal blending. Any

oxygenate blender who makes a final blend of California reformulated gasoline by blending any oxygenate

with any CARBOB in any gasoline storage tank, other

than a truck used for delivering gasoline to retail outlets

or bulk purchaser-consumer facilities, shall, for each

such final blend, determine the oxygen content and

volume of the final blend prior to its leaving the oxygen

blending facility, by collecting and analyzing a representative sample of gasoline taken from the final blend,

using methodology set forth in section 2263.

(h) Downstream blending of California gasoline with

nonoxygenate blendstocks.

(1) Basic prohibition. No person may combine California gasoline which has been supplied from a production

or import facility with any nonoxygenate blendstock,

other than vapor recovery condensate, unless the person

can affirmatively demonstrate that (1) the blendstock

that is added to the California gasoline meets all of the

California gasoline standards without regard to the

properties of the gasoline to which the blendstock is added, and (2) the person meets with regard to the blendstock all requirements in this subarticle applicable to

producers of California gasoline.

(2) Exceptions.

(A) Protocols. Notwithstanding section (h)(1), the executive officer may enter into a written protocol with

any person to identify conditions under which the person may lawfully blend transmix into California gasoline which has been supplied from its production or import facility. The executive officer may only enter into

such a protocol if he or she reasonably determines that

alternatives to the blending are not practical and the

blending will not significantly affect the properties of

the California gasoline into which the transmix is added. Any such protocol shall include the person's agreement to be bound by the terms of the protocol.

(B) Blending to meet a cap limit. Notwithstanding,

section (h)(1) or 2262.5(d), a person may add nonoxygenate or oxygenated blendstock to California gasoline

that does not comply with one or more of the applicable

cap limits contained in section 2262, where the person

obtains the prior approval of the executive officer based

on a demonstration that adding the blendstock is a reasonable means of bringing the gasoline into compliance

with the cap limits.

(i) Restrictions during the RVP season on blending gasoline containing ethanol with California gasoline not

containing ethanol.

(1) Basic prohibition.Within each air basin during the

Reid vapor pressure cap limit periods specified in section 2262.4(a)(2), no person may combine California

gasoline produced using ethanol with California gasoline produced without using ethanol, unless the person

can affirmatively demonstrate that: (A) the resulting

blend complies with the cap limit for Reid vapor pressure set forth in section 2262, or (B) the person has

taken reasonably prudent precautions to assure that the

gasoline is not subject to the Reid vapor pressure cap

limit either because of sections 2261(d) or (f) or

2262.4(c)(1) or (c)(3), or because the gasoline is no

longer California gasoline.

13 CA ADC § 2266.5 Page 11

13 CCR § 2266.5

Cal. Admin. Code tit. 13, § 2266.5

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(2) Exception.Section 2266.5(i)(1) does not apply to

combining California gasolines that are in a motor

vehicle's fuel tank.

<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, 43021 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 2-28-96; operative 2-28-96 pursuant to

Government Code

section 11343.4(d) (Register 96, No. 9).

2. Editorial correction of subsection (a)(1) (Register 2000, No. 31).

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

2000, No. 31).

4. Amendment filed 8-20-2001; operative 8-20-2001 pursuant to Government

Code section 11343.4 (Register 2001, No. 34).

5. Amendment filed 12-24-2002; operative 12-24-2002 pursuant to Goverment Code

section 11343.4 (Register 2002, No. 52).

6. Amendment of subsection (h)(2) and redesignation and amendment of former

subsections (h)(2)-(3) to subsections (h)(2)(A)-(B) filed 5-1-2003; operative

5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No.

18).

7. Amendment filed 3-10-2005; operative 4-9-2005 (Register 2005, No. 10).

8. Amendment of table footnotes 1 and 3 filed 9-9-2005 as an emergency;

operative 9-9-2005 (Register 2005, No. 37). A Certificate of Compliance must

be transmitted to OAL by 1-10-2006 or emergency language will be repealed by

operation of law on the following day.

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9. Reinstatement of section as it existed prior to 9-9-2005 emergency amendment

pursuant to Government Code section 11346.1(f) (Register 2006, No. 35).

The repealed emergency language affecting footnotes 1 and 3 of the subsection

(a)(6)(A) table identified less stringent limits for RVP during the 2005

Hurricane Katrina RVP relaxation period identified in section 2262.4.

10. Editorial amendment of History 9 (Register 2006, No. 42).

11. Amendment of subsections (a)(2)(B)1., (a)(2)(C), (a)(5)(C), (a)(6)(A),

(b)(1), (b)(1)(E) and (d)(1)(B) filed 8-29-2008; operative 8-29-2008 pursuant

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

13 CCR § 2266.5, 13 CA ADC § 2266.5

13 CA ADC § 2266.5

END OF DOCUMENT

13 CA ADC § 2266.5 Page 13

13 CCR § 2266.5

Cal. Admin. Code tit. 13, § 2266.5

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