13 CA ADC § 2262.9 Page 1

13 CCR s 2262.9

Cal. Admin. Code tit. 13 , s 2262.9

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. BARCLAYS OFFICIAL CALIFORNIA CODE OF

REGULATIONS

TITLE 13. MOTOR VEHICLES

DIVISION 3. AIR RESOURCES BOARD

CHAPTER 5. STANDARDS FOR MOTOR V EHICLE FUELS

ARTICLE 1. STANDARDS FOR GASOLINE

SUBARTICLE 2. STANDARDS FOR GASOLINE

SOLD BEGINNING MARCH 1, 1996

This database is current through 12/26/2003, Register

2 003, No. 52.

s 2262.9. Requirements Regarding Denatured Ethanol

Intended For Use as a Blend Component in California

Gasoline.

(a) Standards.

(1) Standards for denatured ethanol.Starting December 31,

2003, no person shall sell, offer for sale, supply or offer for

supply denatured ethanol intended for blending with

CARBOB or California gasoline that fails to comply with the following standards:

(A) Standards for properties regulated by the CaRFG

Phase 3 standards.

1. A sulfur content not exceeding 10 parts per million;

2. A benzene content not exceeding 0.06 percent by v olume; or

3. An olefins con tent not exceeding 0.5 percent by v olume; or

4. An aromatic hydrocarbon content not exceeding 1.7

percent by volume.

(B) Standards based on ASTM D 4806

- 99.All test m ethods and standards identified in the title and the table

below are incorporated herei n by reference.

Specification Value Test method

Ethanol, vol.%, min. 92.1 ASTM D 5501

- 94(1998)

Methanol, vol.%, max. 0.5

Solvent

- washed gum, mg/100 5.0 ASTM D 381

- 00, air jet

ml, max. apparatus

Water content, v ol.%, max. 1 ASTM E 203

- 96 or

E 1064

- 00

Denaturant content,

vol.%, min. 1.96

vol.% max. 4.76

The only denaturants shall be

natural gasoline, gasoline

components, or unleaded gasoline.

Inorganic Chloride content, 40 (32) Modification of ASTM

mass ppm (mg/l), max. D512

- 89(1999 ),

Procedure C 1

Copper content, mg/kg, max. 0.1 Modification of ASTM

D1688

- 95, Test Method A 2

Acid ity (as acetic acid), mass 0.007 (56) ASTM D 1613

- 96 (1999)

% (mg/l), max.

pHe 6.5

- 9.0 ASTM D 6423

- 99

Appearance Visibly free of Determined at indoor

suspended

or precipitated ambient temperature

c ontaminants unless otherwise agreed

(clean and upon between the13 CA ADC § 2262.9 Page 2

13 CCR s 2262.9

Cal. Admin. Code tit. 13 , s 2262.9

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

bright)

supplier and purchaser

____________

Note 1: The modification of ASTM D 512

- 89(1999),

Procedure C consists of using 5 ml of sample diluted with

20 ml of water in place of the 25 m l sample specified in the

standard procedure. The water shall meet ASTM D

1193

- 99, Type II. The volume of the sample prepared by

this modification will be slightly larger than 25 ml. To

allow for the dilution factor, report the chloride ion present

in the fuel ethanol sample as the chloride ion present in the

diluted sample multiplied by five.

Note 2: The modification of ASTM D 1688

- 95, Test

Method A (atomic absorption) consists of mixing reagent

grade ethanol (which may be denatured according to the

U.S. Bureau of Alcohol, Tobacco, and Firearms (BATF) of

the U.S. Treasury Department Formula 3A or 30, as set

forth in 27 CFR sections 21.35 and 21.57, as in effect April

1, 2001) in place of water as the solvent or diluent for the

preparation of reagents and standard solutions. However,

this must not be done to prepare the stock copper solution

described in 11.1 of ASTM D 1688

- 95. Because a violent

reaction may occur between the acid and the ethanol, use

water, as spec ified, in the acid solution part of the proc edure to prepare the stock copper solution. Use ethanol for

the rinse and dilution only.

(2) Exemption.

(A) Inapplicability of basic standards.The standards in

section (a)(1)(A) do not apply to a quantity of denatured

ethanol sold, offered for sale, supplied, or offered for

supply by a person who demonstrates as an affirmative

defense that:

1. The person has complied with section (c)(1)(B); and

2. He or she has taken reasonably prudent precautions to

assur e that the denatured ethanol will only be added to

CARBOB which has been designed to be lawfully ox ygenated with denatured ethanol having the properties

identified in the document provided pursuant to section

(c)(1)(B).

(B) Substitute standards.Starting December 31, 2003, no

person shall sell, offer for sale, supply or offer for supply

denatured ethanol that is intended for blending with CARBOB or California gasoline and is exempt pursuant to

section (a)(2)(A), if the denatured ethanol fails to comply

wit h any of the properties identified in the document pr ovided pursuant to section (c)(1)(B).

(3) Standards for products represented as appropriate for

use as a denaturant in ethanol.

(A) Except as otherwise provi ded in section (a)(3)(B),

starting December 31, 2003, no person shall sell, offer for

sale, supply or offer for supply a product represented as

appropriate for use as a denaturant in ethanol intended for

blending with CARBOB or California gasoline, if the

denaturant has:

1. A benzene content exceeding 1.1 percent by volume; or

2. An olefins content exceeding 10 percent by volume; or

3. An aromatic hydrocarbon content exceeding 35 percent

by volume.

(B) A person may sell, offer for sale, supply or offer for

supply a product that is represented as only suitable for use

as an ethanol denaturant in ethanol intended for blending

with CARBOB or California gasoline if the denatured

ethanol contains no more than a specified percentage of the

denaturant that is less than 4.76 percent. In this case, the

product must be prominently labeled as only lawful for use

as a denaturant where the denatured ethanol contains no

mo re than the specified percentage of the denaturant, and

the seller, supplier or offeror must take reasonably prudent

precautions to assure that the denaturant will not be used in

concentrations greater than the specified percentage in

ethanol intended for blending with CARBOB or California

gasoline. If these conditions are met, the standards in se ction (a)(3)(A) for the denaturant will be adjusted by mu ltiplying the stated values by (4.76 Bmax.%), where

"max.%" is the maximum percentage of denaturant spec if ied for the denatured ethanol.

(b) Test Methods.

(1) In determining compliance with the denatured ethanol

standards in section (a)(1)(A):

(A) The sulfur content of denatured ethanol shall be d e-13 CA ADC § 2262.9 Page 3

13 CCR s 2262.9

Cal. Admin. Code tit. 13 , s 2262.9

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. termined by ASTM D 5453

- 93, which is incorporated

herein by reference.

(B) The aromatic hydrocarbon, benzene and olefins co ntent of denatured ethanol shall be determined by sampling

the denaturant and using the methods specified in section

2263 to determine the content of those compounds in the

denaturant. The result will then be multiplied by 0.0476,

except that where it is demonstrated that the denatured

ethanol contains less than 4.76 percent denaturant, the

result will be multiplied by the decimal fraction

represent ing the percent denaturant.

(2) In determining compliance with the denaturant sta ndards in section (a)(3), the aromatic hydrocarbon, benzene

and olefins content of the denaturant shall be determined

by the methods specified in section 2263 for determinin g

the content of those compounds in gasoline.

(c) Documentation required for the transfer of denatured

ethanol intended for use as a blend component in Califo rnia gasoline.

(1)(A) Starting December 31, 2003, and except as pr ovided in section (c)(1)(B), on each occasion that any pe rson transfers custody or title of denatured ethanol intended

for use as a blend component in California gasoline, the

transferor shall provide the transferee a document that

prominently states that the denatured ethanol compli es

with the standards for denatured ethanol intended for use

as a blend component in California gasoline.

(B) Starting December 31, 2003, on each occasion that

any person transfers custody or title of denatured e thanol

that is intended to be added to CARBOB designated for blending with denatured ethanol exceeding any of the

standards in section (a)(1)(A), the transferor shall provide

the transferee a document that prominently identifies the

maximum sulfur, benzene , olefin and aromatic hydroca rbon content of the denatured ethanol, and states that the

denatured ethanol may only be lawfully added to CA RBOB that is designated for blending with denatured eth anol having such properties.

(2) Starting December 31, 2003, any person who sells or

supplies denatured ethanol intended for use as a blend

component in California gasoline from the California f acility at which it was imported or produced shall provide

the purchaser or recipient a document that identifies:

(A) The name and address of the person selling or su pplying the denatured ethanol, and

(B) The name, location and operator of the facility(ies) at

which the ethanol was produced and at which the denat urant was added to the ethanol.

< General Materials (GM)

- References, Annotations, or

Tables >

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

43013.1, 43018 and 43101, Health and Safety Code;

andWestern Oil and Gas Ass'n. v. Orange County Air

Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr.

249 (1975). Reference: Sections 39000, 39001 , 39002,

39003, 39010, 39500, 39515, 39516, 41511, 43000,

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

and Safety Code; andWestern Oil and Gas Ass'n. v. Orange

County Air Pollution Control District, 14 Cal.3d 411, 121

Cal.Rptr. 249 (1975).

HISTORY

1. New section filed 8

- 20

- 2001; operative 8

- 20

- 2001 pursuant to Government

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

2. Amendment filed 12

- 24

- 2002; operative 12

- 24

- 2002 pursuant to Government

Code section 11343.4 (R egister 2002, No. 52).

13 CA ADC s 2262.9

END OF DOCUMENT