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 VEHICLE 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 refiners.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 California 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 volume 

(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 application for certification on the Air Resources Board's 

ARB/SSD/CPB Form 00-3-1, for each of the small refiner's California refineries. The application 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 refineries 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 distilling 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 receipt of the application, the executive officer shall grant or deny it in writing. The executive officer shall grant the application if he or she determines that: [A] the application contains all of the information 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 small 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 percent or more of the gasoline that was produced by the small 

refiner and that was supplied from the refinery in the calendar quarter was refined at the small refinery from crude 

oil. The volume of oxygenates in the gasoline shall not be 

counted in making this calculation. The period from December 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 gasoline was supplied from the small refiner's California refinery before the full qualifying volume of gasoline produced by the small refiner had been supplied from the 

refinery during that period or year. In calculating the volume 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 executive 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 small 
13 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 nitrogen, and potency-weighted toxics are offset pursuant to 

section 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 oxides of nitrogen per barrel, and the potency-weighted toxic emissions equivalent of 0.0105 pounds of benzene per barrel.

(d)Compliance with applicable federal RFG requirements.Any small refiner subject to this section shall 

comply with all applicable requirements 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 qualifies 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 qualifying small refiner supplies from its refinery 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 gasoline 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 in 

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 December 31, 2004, and in each subsequent 

calendar year, of the small refiner's qualifying volume of 

gasoline produced by the small refiner, calculated as described 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 qualification of the refiner as a small refiner pursuant to the definition in section 2260(a)(22); and

(F) Any change of ownership of the small refiner 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). Reference: 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. Amendment 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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