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

§ 2270. Testing and Recordkeeping.

(a)(1) The requirements of this section (a) shall apply to

each producer and importer that has elected to be subject to an averaging limit in section 2262, or to a PM

averaging limit, or to a producer or importer that produces gasoline that has elected to be subject to the PM

emissions offsetting compliance option pursuant to section 2264.2(d). The references to sulfur content shall

apply to each producer or importer that has elected to be

subject to the section 2262 averaging limit for sulfur, or

to a PM averaging limit for sulfur, or to a producer or

importer that produces gasoline that has elected to be

subject to the PM emissions offsetting compliance option pursuant to section 2264.2(d). The references to

benzene content shall apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for benzene, or to a PM averaging limit for

benzene, or to a producer or importer that produces gasoline that has elected to be subject to the PM emissions

offsetting compliance option pursuant to section

2264.2(d). The references to olefin content shall apply

to each producer or importer that has elected to be subject to the section 2262 averaging limit for olefin content, or to a PM averaging limit for olefin content, or to

a producer or importer that produces gasoline that has

elected to be subject to the PM emissions offsetting

compliance option pursuant to section 2264.2(d). The

reference to T90 shall apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for T90, or to a PM averaging limit for

T90, or to a producer or importer that produces gasoline

that has elected to be subject to the PM emissions offsetting compliance option pursuant to section 2264.2(d).

The references to T50 shall apply to each producer or

importer that has elected to be subject to the section

2262 averaging limit for T50, or to a PM averaging limit for T50, or to a producer or importer that produces

gasoline that has elected to be subject to the PM emissions offsetting compliance option pursuant to section

2264.2(d). The references to aromatic hydrocarbon content shall apply to each producer or importer that has

elected to be subject to the section 2262 averaging limit

for aromatic hydrocarbon content, or to a PM averaging

limit for aromatic hydrocarbon content, or to a producer

or importer that produces gasoline that has elected to be

subject to the PM emissions offsetting compliance option pursuant to section 2264.2(d). The references to

oxygen content and RVP shall apply to each producer or

importer that produces gasoline that has elected to be

subject to the PM emissions offsetting compliance option pursuant to section 2264.2(d).

(2) Each producer shall sample and test for the sulfur,

aromatic hydrocarbon, olefin, oxygen, and benzene content, RVP (during the RVP regulatory control periods in

section 2262.4(b)(2)), T50 and T90 in each final blend

of California gasoline which the producer has produced,

by collecting and analyzing a representative sample of

gasoline taken from the final blend, using the methodologies specified in section 2263. If a producer blends

gasoline components directly to pipelines, tankships,

railway tankcars or trucks and trailers, the loading(s)

shall be sampled and tested for the sulfur, aromatic hydrocarbon, olefin, oxygen, and benzene content, RVP

(during the RVP regulatory control periods in section

2262.4(b)(2)), T50 and T90 by the producer or authorized contractor. The producer shall maintain, for two

years from the date of each sampling, records showing

the sample date, identity of blend sampled, container or

other vessel sampled, final blend volume, sulfur, aromatic hydrocarbon olefin, oxygen, and benzene content,

RVP, T50 and T90. All gasoline produced by the producer and not tested as California gasoline by the producer

13 CA ADC § 2270 Page 1

13 CCR § 2270

Cal. Admin. Code tit. 13, § 2270

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
as required by this section shall be deemed to have a

sulfur, aromatic hydrocarbon, olefin, oxygen, and benzene content, RVP (during the RVP regulatory control

periods in section 2262.4(b)(2)), T50 and T90 exceeding the applicable averaging limit standards specified in

section 2262, or exceeding the comparable PM averaging limits if applicable, or exceeding the designated

emissions offsetting limits, unless the importer demonstrates that the gasoline meets those standards and limits.

(3) Each importer shall sample and test for the sulfur,

aromatic hydrocarbon, olefin and benzene content, T50

and T90 in each final blend of California gasoline

which the importer has imported by tankship, pipeline,

railway tankcars, trucks and trailers, or other means, by

collecting and analyzing a representative sample of the

gasoline, using the methodologies specified in section

2263. The importer shall maintain, for two years from

the date of each sampling, records showing the sample

date, product sampled, container or other vessel

sampled, the volume of the final blend, sulfur content,

aromatic hydrocarbon, olefin and benzene content, T50

and T90. All gasoline imported by the importer and not

tested as California gasoline by the importer as required

by this section shall be deemed to have a sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and

T90 exceeding the applicable averaging limits standards

specified in section 2262, or exceeding the comparable

PM averaging limit(s) if applicable, or exceeding the

designated emissions offsetting limits, unless the importer demonstrates that the gasoline meets those standards and limit(s).

(4) A producer or importer shall provide to the executive officer any records required to be maintained by the

producer or importer pursuant to this section within 20

days of a written request from the executive officer if

the request is received before expiration of the period

during which the records are required to be maintained.

Whenever a producer or importer fails to provide records regarding a final blend of California gasoline in

accordance with the requirements of this section, the final blend of gasoline shall be presumed to have been

sold by the producer or importer in violation of the applicable averaging limit standards in section 2262, or

the PM averaging limit(s), or exceeding the designated

emissions offsetting limits, to which the producer or importer has elected to be subject.

(5) The executive officer may enter into a protocol with

any producer or importer for the purpose of specifying

alternative sampling, testing, recordkeeping, or reporting requirements which shall satisfy the provisions of

sections (a)(2) or (a)(3). The executive officer may only

enter into such a protocol if s/he reasonably determines

that application of the regulatory requirements under the

protocol will be consistent with the state board's ability

effectively to enforce the averaging limit standards in

section 2262, the averaging limit compliance requirements in section 2262.3(c), the PM averaging limit(s),

the PM emissions offsetting compliance option requirements in section 2265.1, and the alternative emission reduction plan requirements in section 2265.5. Any such

protocol shall include the producer's or importer's

agreement to be bound by the terms of the protocol.

(b)(1) For each final blend which is sold or supplied by

a producer or importer from the party's production facility or import facility, and which contains volumes of

gasoline that party has produced and imported and

volumes that the party neither produced nor imported,

the producer or importer shall establish, maintain and

retain adequately organized records containing the following information:

(A) The volume of gasoline in the final blend that

was not produced or imported by the producer or importer, the identity of the person(s) from whom such

gasoline was acquired, the date(s) on which it was acquired, and the invoice representing the acquisition(s).

(B) The sulfur, benzene, aromatic hydrocarbon, olefin and benzene content, T50 and T90 of the volume of

gasoline in the final blend that was not produced or imported by the producer or importer, determined either

by (A) sampling and testing, by the producer or importer, of the acquired gasoline represented in the final

blend, or (B) written results of sampling and test of the

gasoline supplied by the person(s) from whom the gasoline was acquired.

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13 CCR § 2270

Cal. Admin. Code tit. 13, § 2270

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
(2) A producer or importer subject to this section (b)

shall establish such records by the time the final blend

triggering the requirements is sold or supplied from the

production or import facility, and shall retain such records for two years from such date. During the period of

required retention, the producer or importer shall make

any of the records available to the executive officer

upon request.

(c) In the event a producer or importer sells, offers for

sale, or supplies, in California, gasoline which the producer claims is not California gasoline, such gasoline

shall be presumed to exceed the standards that would be

applicable pursuant to this subarticle if it was California

gasoline. The producer or importer shall maintain, for

two years from the date of any sale or supply of such

gasoline, records demonstrating that the gasoline was

not California gasoline, or that it complied with all of

the standards of this subarticle 2, when it was sold or

supplied by the producer.

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

Tables>

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

43013.1, 43018 and 43101, Health and Safety Code;

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

2. Amendment of subsections (a)(1)-(5) and new subsection (c) filed 6-2-95;

operative 7-3-95 (Register 95, No. 22).

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

2000, No. 31).

4. Amendment of subsection (a)(3) filed 8-20-2001; operative 8-20-2001 pursuant

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

5. Amendment of subsection (a)(1) filed 12-24-2002; operative 12-24-2002

pursuant to Government Code section 11343.4 (Register 2002, No. 52).

6. Amendment of subsections (a)(1)-(5) filed 8-29-2008; operative 8-29-2008

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

13 CCR § 2270, 13 CA ADC § 2270

13 CA ADC § 2270

END OF DOCUMENT

13 CA ADC § 2270 Page 3

13 CCR § 2270

Cal. Admin. Code tit. 13, § 2270

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