13 CA ADC § 2272 Page 1

13 CCR s 2272

Cal. Admin. Code tit. 13 , s 2272

© 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

2003, No. 52.

s 2272. CaRFG Phase 3 Standards for Qualifying Small

Refiners.

(a)CaRFG Phase 3 standards for qualifying small refi ners.In place of the CaRFG Phase 3 standards set forth in section 2262, a qualifying small refiner may elect to have a

final blend of Calif

ornia gasoline supplied from the small refiner's refinery subject to the "small refiner CaRFG Phase 3 standards," which are identical to the CaRFG Phase 3 standards in section 2262 except that: (i) the flat limit for benzene content is 1.00 percent by volu me (vol.%) instead of 0.80 vol.%, (ii) the flat limit for .aromatics content is 35.0 vol.% instead of 25.0 vol.%, (iii)

the flat limit for T50 is 220 ° F. instead of 213 ° F, and (iv)

the flat limit for T90 is 312 ° F. instead of 305 ° F. This election may only be made if the small refiner has been issued a currently effective certification pursuant to section (b) and the gasoline qualifies for treatment under section (c).

(b)Certification of small refiners.

(1) A small refiner wishing to produce gasoline subject to this section shall submit to the executive officer an appl ication for certification on the Air Resources Board's

ARB/SSD/CPB Form 00

- 3

- 1, for each of the small refi ner's California refineries. The app lication shall be executed by a responsible corporate officer under penalty of perjury.

(2) The small refiner's application shall set forth: [A] the crude oil capacity of the refinery since January 1, 1978; [B] the crude oil capacities of all the refiner ies in California and the United States which are owned or controlled by, or under common ownership or control with, the small refiner since September 1, 1988; [C] data demonstrating that the refinery has the capacity to produce liquid fuels by di stilling petroleum; and [D] a demonstration that the small refiner's California refinery was used in 1998 and 1999 to produce and supply California gasoline meeting the

CaRFG Phase 2 standards.

(3) Within 30 days of recei pt of the application, the e xecutive officer shall grant or deny it in writing. The e xecutive officer shall grant the application if he or she d etermines that: [A] the application contains all of the i nformation identified in sections (b)(1) and (2) above, and [B] the applicant meets the definition of small refiner. Any denial of an application shall include a statement of the

reasons for denial.

(c)Criteria for qualifying gasoline.Gasoline shall only be subject to treatment under this section if the smal l refiner demonstrates all of the following:

(1) The gasoline was produced by the small refiner at the small refiner's California refinery.

(2) The gasoline was supplied from the small refiner's California refinery in a calendar quarter in which 25 pe rcent or more of the gasoline that was produced by the small refiner and that was supplied from the refinery in the c alendar quarter was refined at the small refinery from crude oil. The volume of oxygenates in the gasoline shall not be counted in making th is calculation. The period from D ecember 31, 2003 through March 31, 2004 shall be treated as a calendar quarter under this section (c)(2).

(3) For the period December 31, 2003, through December 31, 2004, and for each subsequent calendar year, the ga soline was supplied from the small refiner's California r efinery before the full qualifying volume of gasoline pr oduced by the small refiner had been supplied from the refinery during that period or year. In calculating the v olume of gasoline supplied from the refinery, the volume of oxygenates in the gasoline shall not be counted. Gasoline that is designated by the small refiner as subject to all of the CaRFG Phase 3 standards in section 2262, and is reported

to the exe cutive officer pursuant to a protocol entered into by the small refiner and the executive officer, shall not be counted against the qualifying volume.

(4) At the time the gasoline was supplied from the small13 CA ADC § 2272 Page 2

13 CCR s 2272

Cal. Admin. Code tit. 13 , s 2272

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. refiner's refinery, the small refiner met the definition of a

small refiner.

(5) The excess emissions of hydrocarbons, oxides of n itrogen, and potency

- weighted toxics are offset pursuant to

sectio n 2282, title 13, California Code of Regulations. The excess emissions from gasoline subject to the small refiner CaRFG Phase 3 standards are: 0.0206 pounds of exhaust hydrocarbons per barrel, 0.0322 pounds of oxid es of n itrogen per barrel, and the potency

- weighted toxic emi ssions equivalent of 0.0105 pounds of benzene per barrel.

(d)Compliance with applicable federal RFG requir ements.Any small refiner subject to this section shall comply with all applicable requi rements of the federal reformulated gasoline regulations in 40 CFR Part 80 Subpart D, commencing with s 80.40.

(e)Additional reporting requirements for small refiners.

(1) In addition to the requirements of section 2270, each small refiner who qualifie s for treatment under this section shall submit to the executive officer reports containing the

information set forth below for each of the small refiner's California refineries, starting on the date on which a qu alifying small refiner supplies from its re finery gasoline subject to the small refiner CaRFG Phase 3 standards. The reports shall be executed in California under penalty of perjury, and must be received within the time indicated below. December 31, 2003 through January 31, 2004 shall

be treated as a month.

(A) The quantity of all gasoline, produced by the small refiner, that is supplied from the small refinery in each month, within 15 days after the end of the month, the quantity of all such gasoline that is California gasoline subject to the small refiner CaRFG3 standards, and the quantity of all such gasoline that is California gasoline not subject to the small refiner CaRFG3 standards; (B) The identity and volume of each oxygenate contained in the gas oline described in section (e)(1)(A) above, within 15 days after the end of the month;

(C) For each calendar quarter, a statement whether 25 percent or more of the gasoline that was produced by the small refinery and that was supplied from the refinery i n the calendar quarter was refined at the small refinery from crude oil, within 15 days after the close of such quarter;

(D) The date, if any, on which the small refiner completes transfer from its small refinery in the period December 31, 2003 through D ecember 31, 2004, and in each subsequent calendar year, of the small refiner's qualifying volume of gasoline produced by the small refiner, calculated as d escribed in section (c)(3), within 5 days after such date;

(E) Within 10 days after project completion, any refinery addition or modification which would affect the qualific ation of the refiner as a small refiner pursuant to the defin ition in section 2260(a)(22); and

(F) Any change of ownership of the small re finer or the small refiner's refinery, within 10 days after such change of ownership.

< General Materials (GM)

- References, Annotations, or

Tables >

Note: Authority cited: Sections 39600, 39601, 43013, 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). Re ference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 40000, 41511, 43016, 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).

HISTORY

1. New section filed 11

- 16

- 92; operative 12

- 16

- 92 (Register 92, No. 47).

2. Amendment of subsections (c)(2)

- (3) filed 2

- 28

- 96; operative 2

- 28

- 96 pursuant to Government Code section 11343.4(d) (Register 96, No. 9).

3. Amendment of section heading, section and Notefiled 8

- 3

- 2000; operative 9

- 2

-13 CA ADC § 2272 Page 3

13 CCR s 2272

Cal. Admin. Code tit. 13 , s 2272

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. 2000 (Register 2000, No. 31).

4. Amendment of subsection (c)(5) filed 8

- 20

- 2001; operative 8

- 20

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

5. A mendment filed 12

- 24

- 2002; operative 12

- 24

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

6. Amendment of subsection (e)(1)(B) filed 5

- 1

- 2003; operative 5

- 1

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

13 CA ADC s 2272

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