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 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 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 alternative gasoline formulation.

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

import 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 Resources Board's "California Procedures for Evaluating 

Alternative Specifications for Phase 2 Reformulated Gasoline 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 specifications for gasoline subject to the CaRFG Phase 3 

standards in accordance with the Air Resources Board's 

"California Procedures for Evaluating Alternative Specifications 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 approval 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 specification whether it applies as a PM flat limit or a PM averaging limit; and (C) the numerical values for percent 

change in emissions for oxides of nitrogen, hydrocarbons, 

and potency-weighted toxic air contaminants as determined in accordance with the applicable Predictive Model 

Procedures. The notification shall be received by the executive 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 production or import facility as a PM alternative gasoline 

formulation, all final blends of California gasoline subsequently sold or supplied from that production or import 

facility shall be subject to the same PM alternative specifications until the producer or importer either (A) designates a final blend at that facility as a PM alternative gasoline formulation subject to different PM alternative specifications, (B) elects in accordance with section 2264.2 to 

have a final blend at that facility subject to flat limit compliance 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 executive 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 particular operations, as long as the executive officer reasonably determines that application of the regulatory requirements under 

the protocol is not less stringent or enforceable than application of the express terms of section (a)(2). Any such 

protocol shall include the producer's or importer's agreement 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 importer 

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 circumstances, the executive officer 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 for 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 specifications if any of the following 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 section 

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 designated alternative limit for the property has 

been established for the gasoline in accordance with section 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 not 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 alternative gasoline formulation in accordance with this section 

2265, 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 importer may not elect to sell or supply 

from its production or import facility a final blend of California gasoline as a PM alternative gasoline formulation if 

the producer or importer is subject to any outstanding 

requirements to provide offsets at the same production 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 alternative gasoline formulation 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 

requirements to provide offsets for such property or properties 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 specifications for the remaining properties, and

(C) the new PM alternative formulation meets the criteria 

for approval in the applicable Predictive Model Procedures.

(3) 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 alternative gasoline formulation, the producer or importer may not use any previously assigned designated alternative limit for a property 

to provide offsets pursuant to section 2264(c) for any final 

blend sold or supplied from the production or import facility subsequent to the election.

<General Materials (GM) - References, Annotations, or 
13 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 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; 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 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 section 11343.4 (Register 2002, No.

52).

13 CA ADC s 2265

END OF DOCUMENT