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

§ 2265. Gasoline Subject to PM Alternative Specifications Based on the California Predictive Model.

(a) Election to sell or supply a final blend as a PM alternative gasoline formulation.

(1) In order to sell or supply from its production facility

or import facility a final blend of California gasoline as

a PM alternative gasoline formulation subject to PM alternative specifications, a producer or importer shall

satisfy the requirements of this section (a).

(2) The producer or importer shall evaluate the candidate PM alternative specifications for gasoline subject to

the CaRFG Phase 2 standards in accordance with the

Air Resources Board's "California Procedures for Evaluating Alternative Specifications for Phase 2 Reformulated Gasoline Using the California Predictive Model,"

as adopted April 20, 1995 and last amended December

11, 1998, which is incorporated herein by reference.

The producer or importer shall evaluate the candidate

PM alternative specifications for gasoline subject to the

CaRFG Phase 3 standards in accordance with the Air

Resources Board's "California Procedures for Evaluating Alternative Specifications for Phase 3 Reformulated

Gasoline Using the California Predictive Model," as

corrected November 18, 2004, which is incorporated

herein by reference. Starting December 31, 2009, the

producer or importer shall evaluate the candidate PM alternative specifications for gasoline subject to the CaRFG Phase 3 standards in accordance with the Air Resources Board's "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, which is incorporated herein by reference. The

three documents incorporated by reference in this section 2265(a)(2) are collectively referred to as the "Predictive Model Procedures." If the PM alternative specifications meet the criteria for approval in the applicable Predictive Model Procedures, the producer shall

notify the executive officer of: (A) The identity and location of the final blend; (B) the PM alternative specifications that will apply to the final blend, including for

each specification whether it applies as a PM flat limit

or a PM averaging limit; and (C) the numerical values

for percent change in emissions for oxides of nitrogen,

total ozone forming potential, and potency-weighted

toxic air contaminants as determined in accordance with

the applicable Predictive Model Procedures. The notification shall be received by the executive officer before

the start of physical transfer of the gasoline 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.

(3) Once a producer or importer has notified the executive officer pursuant to this section 2265(a) that a final

blend of California gasoline is being sold or supplied

from a production or import facility as a PM alternative

gasoline formulation, all final blends of California gasoline subsequently sold or supplied from that production or import facility shall be subject to the same PM

alternative specifications until the producer or importer

either (A) designates a final blend at that facility as a

PM alternative gasoline formulation subject to different

PM alternative specifications, (B) elects in accordance

with section 2264.2 to have a final blend at that facility

subject to flat limit compliance options and/or averaging compliance options, or (C) elects in accordance

with section 2266(c) to sell a final blend at that facility

as an alternative gasoline formulation, or (D) elects in

accordance with section 2264.2(d) to sell or supply a final blend at that facility as a PM emissions offsetting

formulation (applicable only to producers and importers

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© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
that produce gasoline), or (E) elects in accordance with

section 2265.5 to have a final blend at that facility subject to a PM alternative emissions reduction plan

(applicable only to producers and importers that produce gasoline).

(4) The executive officer may enter into a written protocol with any individual producer or importer for the

purposes of specifying how the requirements in section

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

of the protocol.

(5) If, through no intentional or negligent conduct, a

producer or importer cannot report within the time period specified in section (a)(2) 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 (a)(5) have been

met, timely notification shall be deemed to have occurred.

(b) Prohibited activities regarding PM alternative gasoline formulations.

(1) No producer or importer shall sell, offer for sale,

supply, or offer for supply from its production or import

facility California gasoline which is reported pursuant

to section 2265(a) as a PM alternative gasoline formulation subject to PM alternative specifications if any of

the following occur:

(A) The identified PM alternative specifications do

not meet the criteria for approval in the applicable Predictive Model Procedures; or

(B) The producer was prohibited by section 2265(c)

from electing to sell or supply the gasoline as a PM alternative gasoline formulation; or

(C) The gasoline fails to conform with any PM flat

limit in the identified PM alternative specifications (see

section 2262.4(b) in the case of specifications for Reid

vapor pressure); or

(D) With respect to any property for which the producer or importer has identified a PM averaging limit.

1. the gasoline exceeds the applicable PM average

limit, and no designated alternative limit for the property has been established for the gasoline in accordance

with section 2264(a); or

2. a designated alternative limit for the property has

been established for the gasoline in accordance with

section 2264(a), and either of the following occur:

a. The gasoline exceeds the designated alternative

limit for the property, or

b. Where the designated alternative limit for the

property exceeds the PM averaging limit, the exceedance is not fully offset in accordance with the applicable provisions in section 2264(c).

(2) Where a producer or importer has elected to sell or

supply a final blend of California gasoline as a PM alternative gasoline formulation in accordance with this

section 2265, the final blend shall not be subject to section 2262.3(b) and (c), section 2262.4(b), and section

2262.5(c).

(c) Restrictions associated with elections to sell or supply final blends as PM alternative gasoline formulations.

(1) A producer or importer may not elect to sell or supply from its production or import facility a final blend

of California gasoline as a PM alternative gasoline formulation if the producer or importer is subject to any

outstanding requirements to provide offsets at the same

production or import facility pursuant to section

2264(c).

(2) Once a producer or importer has elected to sell or

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© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
supply from its production or import facility a final

blend of California gasoline as a PM alternative gasoline formulation subject to a PM averaging compliance

option for one or more properties, the producer or importer may not elect any other compliance option, including another PM alternative gasoline formulation, if

there are outstanding requirements to provide offsets for

such property or properties pursuant to section 2264(c).

However, this section (c)(2) shall not preclude a producer or importer under the circumstances described

above from electing another PM alternative gasoline

formulation where:

(A) the only changes are that either:

1. PM flat limits for one or more properties are

changed to PM averaging limits, or

2. a single PM averaging limit for which there are no

outstanding requirements to provide offsets is changed

to a PM flat limit, and

(B) there are no changes to the PM alternative specifications for the remaining properties, and

(C) the new PM alternative formulation meets the criteria for approval in the applicable Predictive Model

Procedures.

(3) Once a producer or importer has elected to sell or

supply from its production or import facility a final

blend of California gasoline as a PM alternative gasoline formulation, the producer or importer may not use

any previously assigned designated alternative limit for

a property to provide offsets pursuant to section 2264(c)

for any final blend sold or supplied from the production

or import facility subsequent to the election.

(4) A producer or importer may not elect to sell or supply from its production facility or import facility a final

blend of California gasoline as a PM alternative gasoline formulation if the producer or importer is subject to

any outstanding requirements to provide offsets pursuant to section 2265.1(c) or emission reductions pursuant

to section 2265.5 at the same production facility or import facility.

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

2. Amendment of subsection (c)(2) and new subsections (c)(A)-(C) filed 2-28-96;

operative 2-28-96 pursuant to Government Code section 11343.4(d) (Register

96, No. 9).

3. Amendment of subsection (a)(2) filed 3-31-99; operative 3-31-99 pursuant to

Government Code section 11343.4(d) (Register 99, No. 14).

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

2000, No. 31).

5. Amendment of subsection (a)(2) filed 8-20-2001; operative 8-20-2001 pursuant

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

6. Amendment of subsections (b) and (b)(1)(C) filed 12-24-2002; operative 12-

24-2002 pursuant to Government Code section 11343.4 (Register 2002, No.

52).

7. Amendment of subsection (a)(2) filed 3-10-2005; operative 4-9-2005 (Register

2005, No. 10).

8. Amendment of subsections (a)(2) and (a)(3) and new subsection (c)(4) filed

8-29-2008; operative 8-29-2008 pursuant to Government Code section 11343.4

(Register 2008, No. 35).

9. Editorial correction of subsection (a)(2) (Register 2008, No. 38).

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13 CA ADC § 2265

END OF DOCUMENT

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