13 CA ADC § 2265 Page 1

13 CCR s 2265

Cal. Admin. Code tit. 13 , s 2265

© 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 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 alte rnative gasoline formulation.

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

im port 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 R esources Board's "California Procedures for Evaluating Alternative Specifications for Phase 2 Reformulated Ga soline 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 sp ecifications fo r gasoline subject to the CaRFG Phase 3

standards in accordance with the Air Resources Board's "California Procedures for Evaluating Alternative Spec ifications for Phase 3 Reformulated Gasoline Using the California Predictive Model," as last amended April 25, 2001, which is incorporated herein by reference (the two 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 appro val in the applicable Predictive Model Procedures, the producer shall notify the executive officer of: (A) The identity, location, and estimated volume of the final blend; (B) the PM alternative specifications that will apply to the final blend, including for each spec ification whether it applies as a PM flat limit or a PM a veraging limit; and (C) the numerical values for percent change in emissions for oxides of nitrogen, hydrocarbons, and potency

- weighted toxic air contaminants as dete rmined in accordance with the applicable Predictive Model Procedures. The notification shall be received by the e xecutive 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 pr oduction or import facility as a PM alternative gasoline formulation, all final blends of California gasoline subs equently sold or supplied from that production or import facility shall be subject to the same PM alternative spec ifications until the producer or importer either (A) desi gnates a final blend at that facility as a PM alternative ga soline formulation subject to different PM alternative sp ecifications, (B) elects in accordance with section 2264.2 to

hav e a final blend at that facility subject to flat limit co mpliance 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.

(4) The executi ve 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 particula r oper ations, as long as the executive officer reasonably dete rmines that application of the regulatory requirements under the protocol is not less stringent or enforceable than a pplication of the express terms of section (a)(2). Any such protocol shall in clude the producer's or importer's agre ement 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 imp orter 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 circum stances, the executive o fficer determines that the conditions of this section (a)(5) have been met, timely notification

shall be deemed to have occurred.13 CA ADC § 2265 Page 2

13 CCR s 2265

Cal. Admin. Code tit. 13 , s 2265

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. (b) Prohibited activities regarding PM alternative gasoline

formulations.

(1) No producer or importer shall sell, offer fo r 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 specif ications if any of the fo llowing 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 se ction 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 designat ed alternative limit for the property has been established for the gasoline in accordance with se ction 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 no t 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 alte rnative gasoline formulation in accordance with this section

2 265, 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 impor ter may not elect to sell or supply from its production or import facility a final blend of Ca lifornia gasoline as a PM alternative gasoline formulation if the producer or importer is subject to any outstanding requirements to provide offsets at the same p roduction or import facility pursuant to section 2264(c).

(2) 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 alternat ive gasoline fo rmulation 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 requirement s to provide offsets for such property or pro perties 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 specific ations for the remaining properties, and

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

(3) Once a producer or importer has elected to sell or supply from its production or import facility a final blend

o f California gasoline as a PM alternative gasoline fo rmulation, the producer or importer may not use any pr eviously assigned designated alternative limit for a property to provide offsets pursuant to section 2264(c) for any final blend sold or supplied fro m the production or import facility subsequent to the election.

< General Materials (GM)

- References, Annotations, or13 CA ADC § 2265 Page 3

13 CCR s 2265

Cal. Admin. Code tit. 13 , s 2265

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

Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code;

andWestern Oil and Gas A ss'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; andWes tern Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975).

HISTORY

1. New s ection 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).

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 s ection 11343.4 (Register 2002, No.
52).

13 CA ADC s 2265

END OF DOCUMENT